PRIOR PRINTER'S NOS. 3494, 3531
PRINTER'S NO. 3607
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2150
Session of
2015
INTRODUCED BY DUNBAR, DIAMOND, A. HARRIS, KORTZ, KOTIK, MASSER,
MILLARD, NEILSON, YOUNGBLOOD, EVERETT AND RAVENSTAHL,
JUNE 9, 2016
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 22, 2016
AN ACT
Providing for fantasy contests; imposing duties upon the
Department of Revenue, the Department of Drug and Alcohol
Programs and the Pennsylvania Gaming Control Board; and
making appropriations.
TABLE OF CONTENTS
Chapter 1. General Provisions
Section 101. Short title.
Section 102. Definitions.
Chapter 3. Administration
Section 301. General and specific powers of board.
Section 302. Temporary regulations.
Section 303. Fantasy contest license appeals.
Section 304. Board minutes and records.
Section 305. Reports of board.
Chapter 5. Licensure
Section 501. General prohibition.
Section 502. Application.
Section 503. Issuance and denial of license.
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Section 504. License renewal.
Section 505. Conditions of licensure.
Section 506. Prohibitions.
Section 507. Change in ownership or control of licensed
operators.
Section 508. Penalties.
Chapter 7. Fiscal Provisions
Section 701. Fantasy contest tax.
Section 702. Licensed operator deposits.
Section 703. Responsibility and authority of department.
Chapter 9. Miscellaneous Provisions
Section 901. Applicability of other statutes.
Section 902. Licensed gaming entities.
Section 903. Funding.
Section 904. Effective date.
AMENDING TITLE 4 (AMUSEMENTS) OF THE PENNSYLVANIA CONSOLIDATED
STATUTES, PROVIDING FOR FANTASY CONTESTS; IN GENERAL
PROVISIONS, FURTHER PROVIDING FOR LEGISLATIVE INTENT AND FOR
DEFINITIONS; IN PENNSYLVANIA GAMING CONTROL BOARD, FURTHER
PROVIDING FOR GENERAL AND SPECIFIC POWERS, FOR LICENSED
GAMING ENTITY APPLICATION APPEALS FROM BOARD, FOR BOARD
MINUTES AND RECORDS, FOR REGULATORY AUTHORITY OF BOARD, FOR
SLOT MACHINE LICENSE FEE, FOR REPORTS OF BOARD AND FOR
DIVERSITY GOALS OF BOARD; IN LICENSEES, FURTHER PROVIDING FOR
CATEGORY 3 SLOT MACHINE LICENSE, FOR SLOT MACHINE LICENSE
APPLICATION, FOR SUPPLIER LICENSES AND FOR MANUFACTURER
LICENSES, PROVIDING FOR NONGAMING SERVICE PROVIDER AND
FURTHER PROVIDING FOR SLOT MACHINE TESTING AND CERTIFICATION
STANDARDS AND FOR LICENSE RENEWALS; IN TABLE GAMES, FURTHER
PROVIDING FOR AUTHORIZATION TO CONDUCT TABLE GAMES, FOR TABLE
GAME TOURNAMENTS, FOR OTHER FINANCIAL TRANSACTIONS, FOR TABLE
GAME DEVICE AND ASSOCIATED EQUIPMENT TESTING AND
CERTIFICATION STANDARDS, FOR TABLE GAME AUTHORIZATION FEE AND
FOR LOCAL SHARE ASSESSMENT; PROVIDING FOR INTERACTIVE GAMING,
FOR SLOT MACHINES AT NONPRIMARY LOCATIONS, FOR SLOT MACHINES
IN QUALIFIED AIRPORTS, FOR CASINO SIMULCASTING AND FOR SPORTS
WAGERING; IN REVENUES, FURTHER PROVIDING FOR ESTABLISHMENT OF
STATE GAMING FUND AND NET SLOT MACHINE REVENUE DISTRIBUTION,
FOR PENNSYLVANIA RACE HORSE DEVELOPMENT FUND AND FOR
PENNSYLVANIA GAMING ECONOMIC DEVELOPMENT AND TOURISM FUND AND
ESTABLISHING THE PUBLIC SCHOOL EMPLOYEES' RETIREMENT
CONTRIBUTION FUND; IN ADMINISTRATION AND ENFORCEMENT, FURTHER
PROVIDING FOR RESPONSIBILITY AND AUTHORITY OF THE DEPARTMENT
OF REVENUE AND FOR COMPULSIVE AND PROBLEM GAMBLING PROGRAM,
PROVIDING FOR CHILD ENDANGERMENT PROTECTION, FURTHER
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PROVIDING FOR FINANCIAL AND EMPLOYMENT INTERESTS, FOR
POLITICAL INFLUENCE, FOR REGULATION REQUIRING EXCLUSION OR
EJECTION OF CERTAIN PERSONS, FOR REPEAT OFFENDERS EXCLUDABLE
FROM LICENSED GAMING FACILITY, FOR LIST OF PERSONS SELF
EXCLUDED FROM GAMING ACTIVITIES, FOR INVESTIGATIONS AND
ENFORCEMENT AND FOR PROHIBITED ACTS AND PENALTIES; IN
MISCELLANEOUS PROVISIONS, FURTHER PROVIDING FOR
APPROPRIATIONS; MAKING AN EDITORIAL CHANGE; AND MAKING A
RELATED REPEAL.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
CHAPTER 1
GENERAL PROVISIONS
Section 101. Short title.
This act shall be known and may be cited as the Fantasy
Sports Consumer Protection Act.
Section 102. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Board." The Pennsylvania Gaming Control Board.
"Conduct of gaming." The licensed placement, operation and
play of slot machines and table games under 4 Pa.C.S. (relating
to amusements) as authorized and approved by the board.
"Controlling interest." Either of the following:
(1) For a publicly traded domestic or foreign
corporation, a controlling interest is an interest in an
applicant for a fantasy contest license or a licensed
operator if a person's sole voting rights under State law or
corporate articles or bylaws entitle the person to elect or
appoint one or more of the members of the board of directors
or other governing board or the ownership or beneficial
holding of 5% or more of the securities of the publicly
traded corporation, partnership, limited liability company or
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other form of publicly traded legal entity, unless this
presumption of control or ability to elect is rebutted by
clear and convincing evidence.
(2) For a privately held domestic or foreign
corporation, partnership, limited liability company or other
form of privately held legal entity, a controlling interest
is the holding of securities of 15% or more in the legal
entity, unless this presumption of control is rebutted by
clear and convincing evidence.
"Department." The Department of Revenue of the Commonwealth.
"Entry fee." The cash or cash equivalent paid by a
participant to a licensed operator in order to participate in a
fantasy contest.
"Fantasy contest." An online fantasy or simulated game or
contest with an entry fee and a prize or award in which:
(1) The value of all prizes or awards offered to winning
participants is established and made known to participants in
advance of the contest.
(2) All winning outcomes reflect the relative knowledge
and skill of participants and are determined by accumulated
statistical results of the performance of individuals,
including athletes in the case of sports events.
(3) No winning outcome is based on the score, point
spread or performance of a single actual team or combination
of teams or solely on a single performance of an individual
athlete or player in a single actual event.
"Fantasy contest account." The formal electronic system
implemented by a licensed operator to record a participant's
entry fees, prizes or awards and other activities related to
participation in the licensed operator's fantasy contests.
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"Fantasy contest adjusted revenues." For each fantasy
contest, the amount equal to the total amount of all entry fees
collected from all participants entering the fantasy contest
minus prizes or awards paid to participants in the fantasy
contest, multiplied by the in-State percentage.
"Fantasy contest license." A license issued by the board
authorizing a person to offer fantasy contests in this
Commonwealth in accordance with this act.
"Fantasy contest terminal." A physical, land-based
computerized or electronic terminal or similar device that
allows participants to:
(1) register for a fantasy contest account;
(2) pay an entry fee;
(3) select an imaginary team;
(4) receive winnings; or
(5) otherwise participate in a fantasy contest.
"Gaming floor." Any portion of a licensed facility where
slot machines or table games have been installed for use or
play.
"Gaming service provider." As defined in 4 Pa.C.S. § 1103
(relating to definitions).
"In-State participant." An individual who participates in a
fantasy contest conducted by a licensed operator and pays a fee
to a licensed operator from a location within this Commonwealth.
The term includes an individual who pays an entry fee through a
fantasy contest terminal within a licensed facility.
"In-State percentage." For each fantasy contest, the
percentage, rounded to the nearest tenth of a percent, equal to
the total entry fees collected from all in-State participants
divided by the total entry fees collected from all participants
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in the fantasy contest.
"Key employee." An individual who is employed by an
applicant for a fantasy contest license or a licensed operator
in a director or department head capacity and who is empowered
to make discretionary decisions that regulate fantasy contest
operations as determined by the board.
"Licensed entity representative." A person, including an
attorney, agent or lobbyist, acting on behalf of or authorized
to represent the interest of an applicant, licensee or other
person authorized by the board to engage in an act or activity
which is regulated under this act regarding a matter before, or
which may be reasonably be expected to come before, the board.
"Licensed facility." As defined in 4 Pa.C.S. § 1103
(relating to definitions).
"Licensed gaming entity." As defined in 4 Pa.C.S. § 1103
(relating to definitions).
"Licensed operator." A person who holds a fantasy contest
license.
"Participant." An individual who participates in a fantasy
contest, whether the individual is located in this Commonwealth
or another jurisdiction.
"Person." A natural person, corporation, publicly traded
corporation, foundation, organization, business trust, estate,
limited liability company, licensed corporation, trust,
partnership, limited liability partnership, association or any
other form of legal business entity.
"Principal." An officer, director, person who directly holds
a beneficial interest in or ownership of the securities of an
applicant for a fantasy contest license or a licensed operator,
person who has a controlling interest in an applicant for a
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fantasy contest license or a licensed operator or who has the
ability to elect a majority of the board of directors of a
licensed operator or to otherwise control a licensed operator,
lender or other licensed financial institution of an applicant
for a fantasy contest license or a licensed operator, other than
a bank or lending institution which makes a loan or holds a
mortgage or other lien acquired in the ordinary course of
business, underwriter of an applicant for a fantasy contest
license or a licensed operator or other person or employee of an
applicant for a fantasy contest license or a licensed operator
deemed to be a principal by the board.
"Prize or award." Anything of value worth $100 or more or
any amount of cash or cash equivalents.
"Publicly traded corporation." A person, other than an
individual, that:
(1) has a class or series of securities registered under
the Securities Exchange Act of 1934 (48 Stat. 881, 15 U.S.C.
§ 78a et seq.);
(2) is a registered management company under the
Investment Company Act of 1940 (54 Stat. 789, 15 U.S.C. §
80a-1 et seq.); or
(3) is subject to the reporting obligations imposed by
section 15(d) of the Securities Exchange Act of 1934 by
reason of having filed a registration statement that has
become effective under the Securities Act of 1933 (48 Stat.
74, 15 U.S.C. § 77a et seq.).
"Script." A list of commands that a fantasy-contest-related
computer program can execute that is created by a participant or
third party not approved by the licensed operator to automate
processes on a licensed operator's fantasy contest platform.
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CHAPTER 3
ADMINISTRATION
Section 301. General and specific powers of board.
(a) General powers.--
(1) The board shall have regulatory authority over
licensed operators, principals and key employees and shall
ensure the integrity of fantasy contests offered in this
Commonwealth in accordance with this act.
(2) The board may employ individuals as necessary to
carry out the requirements of this act, who shall serve at
the board's pleasure. An employee of the board shall be
considered a State employee for purposes of 71 Pa.C.S. Pt.
XXV (relating to retirement for State employees and
officers).
(b) Specific powers.--The board shall have the following
powers:
(1) At the board's discretion, to issue, approve, renew,
revoke, suspend, condition or deny issuance of licenses.
(2) At the board's discretion, to suspend, condition or
deny the issuance or renewal of a license or levy fines for
any violation of this act.
(3) To publish each January on the board's publicly
accessible Internet website a complete list of all persons
who applied for or held a fantasy contest license at any time
during the preceding calendar year and the status of the
application or fantasy contest license.
(4) To prepare and, through the Governor, submit
annually to the General Assembly an itemized budget
consistent with Article VI of the act of April 9, 1929
(P.L.177, No.175), known as The Administrative Code of 1929,
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consisting of the amounts necessary to be appropriated by the
General Assembly out of the accounts established under
section 702 required to meet the obligations under this act
accruing during the fiscal period beginning July 1 of the
following year.
(5) In the event that, in any year, appropriations for
the administration of this act are not enacted by June 30,
any funds appropriated for the administration of this act
which are unexpended, uncommitted and unencumbered at the end
of a fiscal year shall remain available for expenditure by
the board until the enactment of appropriation for the
ensuing fiscal year.
(6) To promulgate rules and regulations necessary for
the administration and enforcement of this act. Except as
provided in section 302, regulations shall be adopted under
the act of July 31, 1968 (P.L.769, No.240), referred to as
the Commonwealth Documents Law, and the act of June 25, 1982
(P.L.633, No.181), known as the Regulatory Review Act.
(7) To administer oaths, examine witnesses and issue
subpoenas compelling the attendance of witnesses or the
production of documents and records or other evidence or to
designate officers or employees to perform duties required by
this act.
(8) At the board's discretion, to delegate any of the
board's responsibilities under this act to the executive
director of the board or other designated staff.
(9) To require licensed operators and applicants for a
fantasy contest license to submit any information or
documentation necessary to ensure the proper regulation of
fantasy contests in accordance with this act.
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(10) To require licensed operators to:
(i) annually contract with a certified public
accountant to conduct an independent audit in accordance
with standards adopted by the American Institute of
Certified Public Accountants to verify compliance with
the provisions of this act and board regulations;
(ii) annually contract with a testing laboratory
approved by the board to verify compliance with the
provisions of this act and board regulations; and
(iii) annually submit to the board and department a
copy of the audit report required by subparagraph (i) and
submit to the board a copy of the report of the testing
laboratory required by subparagraph (ii).
(11) In conjunction with the Department of Drug and
Alcohol Programs, to develop a process by which licensed
operators provide participants with a toll-free telephone
number that provides individuals with information on how to
access appropriate treatment services for compulsive and
problem play.
(12) At the board's discretion, to permit the placement
and operation of fantasy contest terminals within licensed
facilities and to ensure the integrity of fantasy contest
terminals.
(b.1) Licensed entity representative.--
(1) A licensed entity representative shall register with
the board, in a manner prescribed by the board. The
registration shall include the name, employer or firm,
business address and business telephone number of both the
licensed entity representative and any licensed operator,
applicant for licensure or other person being represented.
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(2) A licensed entity representative shall have an
affirmative duty to update its registration information on an
ongoing basis. Failure to update shall be punishable by the
board.
(3) The board shall maintain a list of licensed entity
representatives which shall contain the information required
under paragraph (1) and shall be available for public
inspection at the offices of the board and on the board's
publicly accessible Internet website.
(c) Exceptions.--Except as provided under section 902,
nothing in this section shall be construed to authorize the
board:
(1) To require background investigations for employees,
other than key employees and principals, of an applicant for
a fantasy contest license or a licensed operator.
(2) To require any additional permits or licenses not
specifically enumerated in this act.
(3) To impose additional conditions of licensure on
licensed operators or prohibitions on the operation of
fantasy contests not specifically enumerated in this act.
Section 302. Temporary regulations.
(a) Promulgation.--In order to facilitate the prompt
implementation of this act, regulations promulgated by the board
shall be deemed temporary regulations and shall expire no later
than two years following the effective date of this section. The
board may promulgate temporary regulations not subject to:
(1) Sections 201, 202 and 203 of the act of July 31,
1968 (P.L.769, No.240), referred to as the Commonwealth
Documents Law.
(2) The act of June 25, 1982 (P.L.633, No.181), known as
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the Regulatory Review Act.
(b) Expiration.--Except for temporary regulations concerning
network connectivity, security and testing and compulsive and
problem play, the authority provided to the board to adopt
temporary regulations in subsection (a) shall expire no later
than two years following the effective date of this section.
Regulations adopted after this period shall be promulgated as
provided by law.
Section 303. Fantasy contest license appeals.
An applicant may appeal any final order, determination or
decision of the board involving the approval, issuance, denial,
revocation or conditioning of a fantasy contest license in
accordance with 2 Pa.C.S. Chs. 5 Subch. A (relating to practice
and procedure of Commonwealth agencies) and 7 Subch. A (relating
to judicial review of Commonwealth agency action).
Section 304. Board minutes and records.
(a) Record of proceedings.--The board shall maintain a
record of all proceedings held at public meetings of the board.
The verbatim transcript of the proceedings shall be the property
of the board and shall be prepared by the board upon the request
of any board member or upon the request of any other person and
the payment by that person of the costs of preparation.
(b) Applicant information.--
(1) The board shall maintain a list of all applicants
for a fantasy contest license. The list shall include a
record of all actions taken with respect to each applicant.
The list shall be open to public inspection during the normal
business hours of the board.
(2) Information under paragraph (1) regarding an
applicant whose fantasy contest license has been denied,
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revoked or not renewed shall be removed from the list after
seven years from the date of the action.
(c) Other files and records.--The board shall maintain such
other files and records as it may deem appropriate.
(d) Confidentiality of information.--
(1) The following information submitted by an applicant
for a fantasy contest license under section 502 or otherwise
obtained by the board as part of a background or other
investigation from any source shall be confidential and
withheld from public disclosure:
(i) All information relating to character, honesty
and integrity, including family, habits, reputation,
history of criminal activity, business activities,
financial affairs and business, professional and personal
associations.
(ii) Nonpublic personal information, including home
addresses, telephone numbers and other personal contact
information, Social Security numbers, educational
records, memberships, medical records, tax returns and
declarations, actual or proposed compensation, financial
account records, creditworthiness or financial condition
relating to an applicant.
(iii) Information relating to proprietary
information, trade secrets, patents or exclusive
licenses, architectural and engineering plans and
information relating to competitive marketing materials
and strategies that may include customer-identifying
information or customer prospects for services subject to
competition.
(iv) Information with respect to which there is a
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reasonable possibility that public release or inspection
of the information would constitute an unwarranted
invasion into personal privacy of an individual as
determined by the board.
(v) Records of an applicant for a fantasy contest
license or a licensed operator not required to be filed
with the Securities and Exchange Commission by issuers
that either have securities registered under section 12
of the Securities Exchange Act of 1934 (48 Stat. 881, 15
U.S.C. § 78l) or are required to file reports under
section 15(d) of the Securities Exchange Act of 1934 (48
Stat. 881, 15 U.S.C. § 78o)
(vi) Records considered nonpublic matters or
information by the Securities and Exchange Commission as
provided by 17 CFR 200.80 (relating to commission records
and information).
(vii) Financial or security information deemed
confidential by the board upon a showing of good cause by
the applicant for a fantasy contest license or licensed
operator.
(2) No claim of confidentiality may be made regarding
any criminal history record information that is available to
the public under 18 Pa.C.S. § 9121(b) (relating to general
regulations).
(3) No claim of confidentiality shall be made regarding
any record in possession of the board that is otherwise
publicly available from a Commonwealth agency, local agency
or another jurisdiction.
(4) The information made confidential under this section
shall be withheld from public disclosure, in whole or in
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part, except that any confidential information shall be
released upon the order of a court of competent jurisdiction
or, with the approval of the Attorney General, to a duly
authorized law enforcement agency or shall be released to the
public, in whole or in part, to the extent that such release
is requested by an applicant for a fantasy contest license or
licensed operator and does not otherwise contain confidential
information about another person.
(5) The board may seek a voluntary waiver of
confidentiality from an applicant for a fantasy contest
license or a licensed operator, but may not require an
applicant or licensed operator to waive any confidentiality
provided for in this subsection as a condition for the
approval of an application, renewal of a fantasy contest
license or any other action of the board.
(e) Notice.--Notice of the contents of any information,
except to a duly authorized law enforcement agency under this
section, shall be given to an applicant or licensee in a manner
prescribed by the rules and regulations adopted by the board.
(f) Information held by department.--Files, records, reports
and other information in the possession of the department
pertaining to licensed operators shall be made available to the
board as may be necessary for the effective administration of
this act.
Section 305. Reports of board.
(a) General rule.--The annual report submitted by the board
under 4 Pa.C.S. § 1211 (relating to reports of board) shall
include the following information on the conduct of fantasy
contests:
(1) Total fantasy contest adjusted revenues.
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(2) All taxes, fees, fines and other revenue collected
from licensed operators during the previous year. The
department shall collaborate with the board to carry out the
requirements of this section.
(3) At the board's discretion, any other information
related to the conduct of fantasy contests or licensed
operators.
(b) Licensed operators.--The board may require licensed
operators to provide information to the board to assist in the
preparation of the report.
CHAPTER 5
LICENSURE
Section 501. General prohibition.
(a) General rule.--Except as provided for in subsection (b),
no person may offer or otherwise make available for play in this
Commonwealth a fantasy contest without a fantasy contest license
issued by the board.
(b) Existing activity.--A person who applies for or renews a
fantasy contest license in accordance with this act may operate
during the application or renewal period unless:
(1) The board has reasonable cause to believe the person
is or may be in violation of the provisions of this act.
(2) The board requires the person to suspend the
operation of any fantasy contest until the license is issued
or renewed.
Section 502. Application.
(a) Form and information.--An application for a license
shall be submitted on a form and in manner as shall be required
by the board. An application for a fantasy contest license shall
contain the following information:
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(1) The name, Federal employer identification number and
principal address of the applicant; if a corporation, the
state of its incorporation, the full name and address of each
officer and director thereof, and, if a foreign corporation,
whether it is qualified to do business in this Commonwealth;
if a partnership or joint venture, the name and address of
each officer thereof.
(2) The name and address of the person having custody of
the applicant's financial records.
(3) The names and addresses of key employees.
(4) The names and addresses of each of the applicant's
principals.
(5) Information, documentation and assurances related to
financial and criminal history as the board deems necessary
to establish by clear and convincing evidence the financial
stability, integrity and responsibility of the applicant and
the applicant's key employees and principals.
(6) Information and documentation necessary to establish
the applicant's ability to comply with section 505.
(7) Any other information required by the board.
(b) Nonrefundable application fee.--Each application
submitted under this act shall be accompanied by a nonrefundable
application fee, which shall be established by the board, and
which may not exceed the amount necessary to reimburse the board
for all costs incurred by the board for fulfilling the
requirements of this section and section 503.
(c) Additional information.--A person applying for a fantasy
contest license shall have the continuing duty to provide
information required by the board and to cooperate in any
inquiry or investigation.
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(d) Abbreviated application process.--The board, at its
discretion, may establish an abbreviated application process for
a fantasy contest license for persons that are also licensed
gaming entities. The abbreviated application may only require
information not in possession of the board that is necessary to
fulfill the requirements of this act.
Section 503. Issuance and denial of license.
(a) Duty to review applications.--The board shall review all
applications for a license and shall issue a license to any
applicant that:
(1) Has submitted a completed application and paid the
nonrefundable application fee as required by the board under
section 502.
(2) Has demonstrated that the applicant has the
financial stability, integrity and responsibility to comply
with the provisions of this act and regulations established
by the board.
(3) Has not been denied a license under subsection (b).
(b) Reasons to deny applications.--The board may deny an
application for a license if the applicant:
(1) has knowingly made a false statement of material
fact or has deliberately failed to disclose any information
requested;
(2) employs a principal or key employee who has been
convicted of a felony, a crime of moral turpitude or any
criminal offense involving dishonesty or breach of trust
within 10 years prior to the date of the application for
license;
(3) has at any time knowingly failed to comply with the
provisions of this act or of any requirements of the board;
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(4) has had a registration, permit or license to conduct
fantasy contests denied or revoked in any other jurisdiction;
(5) has legally defaulted in the payment of any
obligation or debt due to the Commonwealth or is not
compliant with taxes due to the department; or
(6) is not qualified to do business in this Commonwealth
or is not subject to the jurisdiction of the courts of the
Commonwealth.
(c) Time period for review.--The board shall conclude its
review of an application for a fantasy contest license within
120 days of receipt of the completed application. If the license
is not issued, the board shall provide the applicant with the
justification for not issuing such license with specificity.
(d) License fee.--
(1) Within 30 days of the board issuing a fantasy
contest license, an applicant shall pay to the board a
license fee of $50,000 or an amount equivalent to 7.5% of the
applicant's fantasy contest adjusted revenues for the
previous calendar year, whichever is less, except that an
applicant who is also a licensed gaming entity shall pay to
the board a license fee of $50,000.
(2) The license fee collected under this subsection
shall be deposited into the General Fund.
(3) If an applicant fails to pay the fee required by
this subsection, the board shall suspend or revoke the
applicant's fantasy contest license until payment of the
license fee is received.
(e) Abbreviated approval process.--The board, at its
discretion, may establish an abbreviated approval process for
the issuance of a fantasy contest license to a licensed gaming
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entity whose slot machine license and table game certificate are
in good standing.
Section 504. License renewal.
(a) Renewal.--
(1) A license issued under this act shall be valid for a
period of five years.
(2) Nothing in this paragraph shall be construed to
relieve a licensed operator of the affirmative duty to notify
the board of any changes relating to the status of its
fantasy contest license or to any other information contained
in the application materials on file with the board.
(3) The application for renewal of a fantasy contest
license must be submitted at least 90 days prior to the
expiration of the license and include an update of the
information contained in the initial application for a
fantasy contest license. A fantasy contest license for which
a completed renewal application and fee as required under
subsection (c) has been received by the board shall continue
in effect unless and until the board sends written
notification to the licensed operator that the board has
denied the renewal of the license.
(b) Revocation or failure to renew.--
(1) In addition to any other sanction the board may
impose under this act, the board may at its discretion
suspend, revoke or deny renewal of a fantasy contest license
issued under this act if it receives information that:
(i) the applicant or any of the applicant's key
employees or principals are in violation of any provision
of this act;
(ii) the applicant has furnished the board with
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false or misleading information;
(iii) the information contained in the applicant's
initial application or any renewal application is no
longer true and correct;
(iv) the applicant has failed to remit taxes or
assessments required under section 701, 702 or 703; or
(v) the applicant has legally defaulted in the
payment of any obligation or debt due to the
Commonwealth.
(2) In the event of a revocation or failure to renew,
the applicant's authorization to conduct fantasy contests
shall immediately cease and all fees paid in connection with
the application shall be deemed to be forfeited.
(3) In the event of a suspension, the applicant's
authorization to conduct fantasy contests shall immediately
cease until the board has notified the applicant that the
suspension is no longer in effect.
(c) Renewal fee.--
(1) Within 30 days of the board renewing a fantasy
contest license, the licensed operator shall pay to the board
a renewal fee of $5,000.
(2) The renewal fee collected by the board under this
subsection shall be deposited into the General Fund.
(3) If a licensed operator fails to pay the renewal fee
required under this subsection, the board shall suspend or
revoke the licensed operator's fantasy contest license until
payment of the renewal fee is received.
Section 505. Conditions of licensure.
As a condition of licensure, a licensed operator shall
establish and implement the following procedures related to
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conduct of fantasy contests in this Commonwealth:
(1) Permit only participants who have established a
fantasy contest account with the licensed operator to
participate in a fantasy contest conducted by the licensed
operator.
(2) Verify the age, location and identity of any
participant prior to making a deposit into a fantasy contest
account for a participant located in this Commonwealth. No
participant under 18 years of age may be permitted to
establish a fantasy contest account with a licensed operator.
(3) Verify the identity of a participant by requiring
the participant to provide the licensed operator a unique
user name and password prior to accessing a fantasy contest
account.
(4) Ensure rules and prizes and awards established by
the licensed operator for a fantasy contest are made known to
a participant prior to the acceptance of any entry fee.
(5) Ensure that a player who is the subject of a fantasy
contest is restricted from entering as a participant in a
fantasy contest that is determined, in whole or part, on the
accumulated statistical results of a team of individuals in
the league in which the player is a member.
(6) Allow a person to restrict himself from entering a
fantasy contest or accessing a fantasy contest account for a
specific period of time as determined by the participant and
implement reasonable procedures to prevent the individual
from participating in the licensed operator's fantasy
contests.
(7) Allow a person to restrict the total amount of
deposits that the participant may pay to the licensed
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operator for a specific time period established by the
participant and implement reasonable procedures to prevent
the participant from exceeding the limit.
(8) Conspicuously post compulsive and problem play
notices at fantasy contest registration points and provide a
toll-free telephone number to participants who have expressed
to the licensed operator issues with compulsive and problem
play of fantasy contests. The toll-free telephone number and
the compulsive and problem play notice shall be approved by
the board, in consultation with the Department of Drug and
Alcohol Programs.
(9) Disclose the number of entries a single participant
may submit to each fantasy contest and take commercially
reasonable steps to prevent such participants from submitting
more than the allowable number.
(10) Prevent the licensed operator's employees and
relatives living in the same household of an employee from
competing in a fantasy contest offered by any licensed
operator to the general public and in which fantasy contest
the licensed operator offers a prize or award.
(11) Prevent the sharing of confidential information
that could affect fantasy contest play with third parties
until the information is made publicly available.
(12) Take commercially reasonable steps to maintain the
confidentiality of a participant's personal and financial
information.
(13) Segregate participant funds from operational funds
in separate accounts and maintain a reserve in the form of
cash, cash equivalents, security deposits held by banks and
processors, an irrevocable letter of credit, payment
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processor reserves and receivables, a bond or a combination
thereof in an amount sufficient to pay all prizes and awards
offered to winning participants.
(14) Provide winning in-State participants with
information and documentation necessary to ensure the proper
reporting of winnings by in-State participants to the
department.
(15) Remit taxes or assessments to the department in
accordance with sections 701, 702 and 703.
(16) Prohibit the use of scripts by participants and
implement technologies to prevent the use of scripts.
(17) Monitor fantasy contests for the use of scripts and
restrict players found to have used such scripts from
participation in future fantasy contests.
(18) Establish any other condition deemed appropriate by
the board.
Section 506. Prohibitions.
No licensed operator may:
(1) accept an entry fee from or permit a natural person
under 18 years of age to become a participant in a fantasy
contest;
(2) offer a fantasy contest based, in whole or in part,
on collegiate or high school athletic events or players;
(3) permit a participant to enter a fantasy contest
prior to establishing a fantasy contest account;
(4) establish a fantasy contest account for a person who
is not an individual;
(5) alter rules established for a fantasy contest after
a participant has entered the fantasy contest;
(6) issue credit to a participant to establish or fund a
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fantasy contest account;
(7) knowingly directly market to a participant during
the time period in which the participant has self-excluded
from the licensed operators' fantasy contests;
(8) knowingly permit a participant to enter the licensed
operator's fantasy contests during the time period in which
the participant has self-excluded from the licensed
operators' fantasy contests;
(9) knowingly accept a deposit in excess of a limit
established by a participant for the specific time period
established by the participant;
(10) share confidential information that could affect
fantasy contest play with third parties until the information
is made publicly available;
(11) knowingly permit an employee or relative living in
the same household of an employee to become a participant in
a fantasy contest offered by any licensed operator in which a
licensed operator offers a prize or award;
(12)
offer a fantasy contest where:
(i) the value of all prizes or awards offered to
winning participants is not established and made known to
participants in advance of the fantasy contest;
(ii) winning outcomes do not reflect the relative
knowledge and skill of participants;
(iii) the winning outcome is based on the score,
point spread or performance of a single actual team or
combination of teams or solely on a single performance of
an individual athlete or player in a single actual event;
or
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(iv) the winning outcome is not based on statistical
results accumulated from fully completed athletic sports
contests or events, except that participants may be
credited for statistical results accumulated in a
suspended or shortened sports event which has been
partially completed on account of weather or other
natural or unforeseen event;
(13) except as permitted under section 902, offer or
make available in this Commonwealth a fantasy contest
terminal;
(14) fail to remit taxes or assessments to the
department in accordance with sections 701, 702 and 703;
(15) knowingly allow a participant to use a script
during a fantasy contest; and
(16) perform any other action prohibited by the board.
Section 507. Change in ownership or control of licensed
operators.
(a) Notification and approval.--
(1) A licensed operator shall notify the board upon
becoming aware of any proposed change of ownership of the
licensed operator by a person or group of persons acting in
concert which involves any of the following:
(i) More than 15% of a licensed operator's
securities or other ownership interests.
(ii) The sale other than in the ordinary course of
business of a licensed operator's assets.
(iii) Any other transaction or occurrence deemed by
the board to be relevant to fantasy contest license
qualifications.
(2) Notwithstanding the provisions of paragraph (1), a
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licensed operator shall not be required to notify the board
of any acquisition by an institutional investor under
paragraph (1)(i) or (ii) if the institutional investor holds
less than 10% of the securities or other ownership interests
referred to in paragraph (1)(i) or (ii), the securities or
interests are publicly traded securities and its holdings of
such securities were purchased for investment purposes only
and the institutional investor files with the board a
certified statement to the effect that the institutional
investor has no intention of influencing or affecting,
directly or indirectly, the affairs of the licensed operator,
provided, however, that the institutional investor may vote
on matters put to the vote of the outstanding security
holders. Notice to the board shall be required prior to
completion of any proposed or contemplated change of
ownership of a licensed operator that meets the criteria of
this section.
(b) Qualification of purchaser and change of control.--
(1) A purchaser of the assets, other than in the
ordinary course of business, of a licensed operator shall
independently qualify for a fantasy contest license in
accordance with this act and shall pay the application fee
and license fee as required by sections 502 and 503, except
that if the purchaser of assets is another licensed operator,
the purchaser of assets shall not be required to requalify
for a fantasy contest license or pay another application fee
and license fee.
(2) A change in control of any licensed operator shall
require that the licensed operator independently qualify for
a fantasy contest license in accordance with this act, and
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the licensed operator shall pay a new application and license
fee as required by sections 502 and 503, except that if the
new controller is another licensed operator, the new
controller shall not be required to requalify for a fantasy
contest license or pay another application fee and license
fee.
(c) Change in control defined.--For purposes of this
section, a change in control of a licensed operator shall mean
the acquisition by a person or group of persons acting in
concert of more than 20% of a licensed operator's securities or
other ownership interests, with the exception of any ownership
interest of the person that existed at the time of initial
licensing and payment of the initial fantasy contest license
fee, or more than 20% of the securities or other ownership
interests of a corporation or other form of business entity that
owns directly or indirectly at least 20% of the voting or other
securities or other ownership interests of the licensed
operator.
(d) License revocation.--Failure to comply with this section
may cause the fantasy contest license issued under this act to
be revoked or suspended by the board unless the purchase of the
assets or the change in control that meets the criteria of this
section has been independently qualified in advance by the board
and any required application or license fee has been paid.
Section 508. Penalties.
(a) Suspension or revocation of license.--
(1) After a public hearing with at least 15 days'
notice, the board may suspend or revoke a licensed operator's
fantasy contest license in any case where a violation of this
act has been shown by a preponderance of the evidence.
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(2) The board may revoke a fantasy contest license if
the board finds that facts not known by the board at the time
the board considered the application indicate that such
license should not have been issued.
(b) Administrative penalties.--
(1) In addition to suspension or revocation of a fantasy
contest license, the board may impose administrative
penalties on a licensed operator for violations of this act
not to exceed $5,000 for each violation.
(2) A violation of this act that is determined to be an
offense of a continuing nature shall be deemed to be a
separate offense on each event or day during which the
violation occurs, except that the total administrative
penalty for an offense of a continuing nature may not exceed
$25,000.
(3) The licensed operator shall have the right to appeal
administrative penalties in accordance with 2 Pa.C.S. Chs. 5
Subch. A (relating to practice and procedure of Commonwealth
agencies) and 7 Subch. A (relating to judicial review of
Commonwealth agency action).
(4) Penalties imposed under this subsection shall be
deposited into the General Fund.
(c) Civil penalties.--
(1) In addition to the provisions of this section, a
person who knowingly violates a provision of this act shall
be liable for a civil penalty of not more than $1,000 for
each such violation.
(2) The civil penalty shall be recovered in a civil
action brought by the board and shall be paid into the
General Fund.
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CHAPTER 7
FISCAL PROVISIONS
Section 701. Fantasy contest tax.
(a) Imposition.--Each licensed operator shall report to the
department and pay from its quarterly fantasy contest adjusted
revenues, on a form and in the manner prescribed by the
department, a tax of 5% of its quarterly fantasy contest
adjusted revenues.
(b) Deposits and distributions.--
(1) The tax imposed under subsection (a) shall be
payable to the department on a quarterly basis and shall be
based upon quarterly fantasy contest adjusted revenue derived
during the previous quarter.
(2) All funds owed to the Commonwealth under this
section shall be held in trust for the Commonwealth by the
licensed operator until the funds are paid to the department.
(3) The tax imposed under subsection (a) shall be
deposited into the General Fund.
(c) Penalty.--
(1) A licensed operator who fails to timely remit to the
department amounts required under this section shall be
liable, in addition to any liability imposed elsewhere in
this act, to a penalty of 5% per month up to a maximum of 25%
of the amounts ultimately found to be due, to be recovered by
the department.
(2) Penalties imposed under this subsection shall be
deposited in the General Fund.
Section 702. Licensed operator deposits.
(a) Accounts established.--The State Treasurer shall
establish within the State Treasury an account for each licensed
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operator for the deposit of sums required under subsection (b)
to:
(1) recover costs or expenses incurred by the board and
the department in carrying out their powers and duties under
this act based upon a budget submitted by the board and the
department under subsection (c); and
(2) repay any loans made by the General Fund to the
board or the department in connection with carrying out its
powers and duties under this act.
(b) Deposits.--
(1) The department shall determine the appropriate
assessment amount for each licensed operator, which shall be
a percentage assessed on the licensed operator's fantasy
contest adjusted revenues. Each licensed operator shall
deposit funds into its account on a quarterly basis.
(2) The percentage assessed shall not exceed an amount
necessary to:
(i) recover costs or expenses incurred by the board
and the department in carrying out their powers and
duties under this act based on a budget submitted by the
board and the department under subsection (c); and
(ii) repay any loans made from the General Fund to
the board in connection with carrying out its powers and
duties under this act.
(c) Itemized budget reporting.--
(1) The board and the department shall prepare and
annually submit to the chairman of the Appropriations
Committee of the Senate and the chairman of the
Appropriations Committee of the House of Representatives an
itemized budget consisting of amounts to be appropriated out
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of the accounts established under this section necessary to
administer this act.
(2) As soon as practicable after submitting copies of
the itemized budget, the board and the department shall
jointly prepare and submit to the chairmen of the committees
analyses of and make recommendations regarding the itemized
budget.
(d) Appropriation.--Costs and expenses from accounts
established under subsection (a) shall only be disbursed upon
appropriation by the General Assembly.
(e) Penalty.--
(1) A licensed operator who fails to timely remit to the
department amounts required under this section shall be
liable, in addition to any liability imposed elsewhere in
this act, to a penalty of 5% per month up to a maximum of 25%
of the amounts ultimately found to be due, to be recovered by
the department.
(2) Penalties imposed under this subsection shall be
deposited into the General Fund.
Section 703. Responsibility and authority of department.
(a) General rule.--The department may administer and collect
taxes imposed under section 701 and interest imposed under
section 806 of the act of April 9, 1929 (P.L.343, No.176), known
as The Fiscal Code, and promulgate and enforce rules and
regulations to carry out its prescribed duties in accordance
with sections 701 and 702, including the collection of taxes,
penalties, assessments and interest.
(b) Procedure.--For purposes of implementing sections 701
and 702, the department may promulgate regulations in the same
manner in which the board is authorized as provided in section
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302.
CHAPTER 9
MISCELLANEOUS PROVISIONS
Section 901. Applicability of other statutes.
(a) Unlawful gambling.--The provisions of 18 Pa.C.S. § 5513
(relating to gambling devices, gambling, etc.) shall not apply
to a fantasy contest conducted in accordance with this act.
(b) Pool selling and bookmaking.--The provisions of 18
Pa.C.S. § 5514 (relating to pool selling and bookmaking) shall
not apply to a fantasy contest conducted in accordance with this
act.
(c) Lotteries.--The provisions of 18 Pa.C.S. § 5512
(relating to lotteries, etc.) shall not apply to a fantasy
contest conducted in accordance with this act.
(d) State Lottery Law.--This act shall not apply to a
fantasy contest or similar product authorized under the act of
August 26, 1971 (P.L.351, No.91), known as the State Lottery
Law, and authorized solely by the department and the Division of
the State Lottery.
Section 902. Licensed gaming entities.
(a) Scope.--This section shall apply to a licensed gaming
entity that holds a fantasy contest license.
(b) Applicability.--
(1) Nothing in this act shall be construed to limit the
board's general and sole regulatory authority over the
conduct of gaming or related activities under 4 Pa.C.S.
(relating to amusements), including, but not limited to, the
certification, registration and regulation of gaming service
providers and individuals and entities associated with them.
(2) A fantasy contest terminal shall not be considered a
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"slot machine" or "table game" under 4 Pa.C.S. § 1103
(relating to definitions).
(c) Fantasy contest terminals.--
(1) Upon approval of a fantasy contest license
application, a licensed gaming entity may place and operate
fantasy contest terminals within the licensed gaming entity's
licensed facility.
(2) At its discretion, the board may approve the
placement and operation of fantasy contest terminals at a
location within the licensed facility, provided that fantasy
contest terminals shall not be placed on the gaming floor.
(d) Restricted contests.--A licensed gaming entity may offer
fantasy contests that are exclusive to participants who are at
least 21 years of age.
(e) Promotional play.--For a restricted contest under
subsection (d), a licensed gaming entity may offer slot machine
or table game promotional play to a participant who is at least
21 years of age as a prize or award or for participating in a
fantasy contest conducted by the licensed gaming entity.
(f) Gaming service providers.--A licensed operator who is
not a licensed gaming entity may, at the discretion of the
board, be certificated or registered as a gaming service
provider under 4 Pa.C.S. § 1317.2 (relating to gaming service
provider) in order to operate fantasy contests subject to the
restrictions of subsection (d) on behalf of a licensed gaming
entity.
Section 903. Funding.
(a) Appropriation.--The following amounts are appropriated:
(1) The sum of $1,250,000 is appropriated to the board
for the fiscal period July 1, 2016, to June 30, 2017, for the
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purpose of implementing and administering the provisions of
this act.
(2) The sum of $500,000 is appropriated to the
department for the fiscal period July 1, 2016, to June 30,
2017, for the purpose of implementing and administering the
provisions of this act.
(b) Repayment.--The appropriations in this section shall be
considered loans from the General Fund and shall be repaid to
the General Fund quarterly through assessments on licensed
operators authorized under section 702 by the department. The
total amounts appropriated to the board and department under
this section shall be repaid to the General Fund no later than
10 years from the date the board issues the first fantasy
contest license.
(c) Unused amounts.--On July 1, 2017, any portion of amounts
appropriated under subsection (a) that is unexpended,
unencumbered or uncommitted as of June 30 of the prior fiscal
year shall automatically be transferred to the General Fund.
Section 904. Effective date.
This act shall take effect as follows:
(1) Section 903 shall take effect immediately.
(2) This section shall take effect immediately.
(3) The remainder of this act shall take effect in 180
days.
SECTION 1. TITLE 4 OF THE PENNSYLVANIA CONSOLIDATED STATUTES
IS AMENDED BY ADDING A PART TO READ:
PART I
AMUSEMENTS GENERALLY
CHAPTER
1. PRELIMINARY PROVISIONS (RESERVED)
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3. FANTASY CONTESTS
CHAPTER 1
PRELIMINARY PROVISIONS
(RESERVED)
CHAPTER 3
FANTASY CONTESTS
SUBCHAPTER
A. GENERAL PROVISIONS
B. ADMINISTRATION
C. LICENSURE
D. FISCAL PROVISIONS
E. MISCELLANEOUS PROVISIONS
SUBCHAPTER A
GENERAL PROVISIONS
SEC.
301. SCOPE.
302. DEFINITIONS.
§ 301. SCOPE.
THIS CHAPTER RELATES TO FANTASY CONTESTS.
§ 302. DEFINITIONS.
THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
CONTEXT CLEARLY INDICATES OTHERWISE:
"BOARD." THE PENNSYLVANIA GAMING CONTROL BOARD.
"CONDUCT OF GAMING." THE LICENSED PLACEMENT, OPERATION AND
PLAY OF SLOT MACHINES AND TABLE GAMES UNDER PART II (RELATING TO
GAMING) AS AUTHORIZED AND APPROVED BY THE BOARD.
"CONTROLLING INTEREST." EITHER OF THE FOLLOWING:
(1) FOR A PUBLICLY TRADED DOMESTIC OR FOREIGN
CORPORATION, A CONTROLLING INTEREST IS AN INTEREST IN AN
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APPLICANT FOR A FANTASY CONTEST LICENSE OR A LICENSED
OPERATOR IF A PERSON'S SOLE VOTING RIGHTS UNDER STATE LAW OR
CORPORATE ARTICLES OR BYLAWS ENTITLE THE PERSON TO ELECT OR
APPOINT ONE OR MORE OF THE MEMBERS OF THE BOARD OF DIRECTORS
OR OTHER GOVERNING BOARD OR THE OWNERSHIP OR BENEFICIAL
HOLDING OF 5% OR MORE OF THE SECURITIES OF THE PUBLICLY
TRADED CORPORATION, PARTNERSHIP, LIMITED LIABILITY COMPANY OR
OTHER FORM OF PUBLICLY TRADED LEGAL ENTITY, UNLESS THIS
PRESUMPTION OF CONTROL OR ABILITY TO ELECT IS REBUTTED BY
CLEAR AND CONVINCING EVIDENCE.
(2) FOR A PRIVATELY HELD DOMESTIC OR FOREIGN
CORPORATION, PARTNERSHIP, LIMITED LIABILITY COMPANY OR OTHER
FORM OF PRIVATELY HELD LEGAL ENTITY, A CONTROLLING INTEREST
IS THE HOLDING OF SECURITIES OF 15% OR MORE IN THE LEGAL
ENTITY, UNLESS THIS PRESUMPTION OF CONTROL IS REBUTTED BY
CLEAR AND CONVINCING EVIDENCE.
"DEPARTMENT." THE DEPARTMENT OF REVENUE OF THE COMMONWEALTH.
"ENTRY FEE." THE CASH OR CASH EQUIVALENT PAID BY A
PARTICIPANT TO A LICENSED OPERATOR IN ORDER TO PARTICIPATE IN A
FANTASY CONTEST.
"FANTASY CONTEST." AN ONLINE FANTASY OR SIMULATED GAME OR
CONTEST WITH AN ENTRY FEE AND A PRIZE OR AWARD IN WHICH:
(1) THE VALUE OF ALL PRIZES OR AWARDS OFFERED TO WINNING
PARTICIPANTS IS ESTABLISHED AND MADE KNOWN TO PARTICIPANTS IN
ADVANCE OF THE CONTEST.
(2) ALL WINNING OUTCOMES REFLECT THE RELATIVE KNOWLEDGE
AND SKILL OF PARTICIPANTS AND ARE DETERMINED BY ACCUMULATED
STATISTICAL RESULTS OF THE PERFORMANCE OF INDIVIDUALS,
INCLUDING ATHLETES IN THE CASE OF SPORTS EVENTS.
(3) NO WINNING OUTCOME IS BASED ON THE SCORE, POINT
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SPREAD OR PERFORMANCE OF A SINGLE ACTUAL TEAM OR COMBINATION
OF TEAMS OR SOLELY ON A SINGLE PERFORMANCE OF AN INDIVIDUAL
ATHLETE OR PLAYER IN A SINGLE ACTUAL EVENT.
"FANTASY CONTEST ACCOUNT." THE FORMAL ELECTRONIC SYSTEM
IMPLEMENTED BY A LICENSED OPERATOR TO RECORD A PARTICIPANT'S
ENTRY FEES, PRIZES OR AWARDS AND OTHER ACTIVITIES RELATED TO
PARTICIPATION IN THE LICENSED OPERATOR'S FANTASY CONTESTS.
"FANTASY CONTEST ADJUSTED REVENUES." FOR EACH FANTASY
CONTEST, THE AMOUNT EQUAL TO THE TOTAL AMOUNT OF ALL ENTRY FEES
COLLECTED FROM ALL PARTICIPANTS ENTERING THE FANTASY CONTEST
MINUS PRIZES OR AWARDS PAID TO PARTICIPANTS IN THE FANTASY
CONTEST, MULTIPLIED BY THE IN-STATE PERCENTAGE.
"FANTASY CONTEST LICENSE." A LICENSE ISSUED BY THE BOARD
AUTHORIZING A PERSON TO OFFER FANTASY CONTESTS IN THIS
COMMONWEALTH IN ACCORDANCE WITH THIS CHAPTER.
"FANTASY CONTEST TERMINAL." A PHYSICAL, LAND-BASED
COMPUTERIZED OR ELECTRONIC TERMINAL OR SIMILAR DEVICE THAT
ALLOWS PARTICIPANTS TO:
(1) REGISTER FOR A FANTASY CONTEST ACCOUNT;
(2) PAY AN ENTRY FEE;
(3) SELECT AN IMAGINARY TEAM;
(4) RECEIVE WINNINGS; OR
(5) OTHERWISE PARTICIPATE IN A FANTASY CONTEST.
"GAMING FLOOR." ANY PORTION OF A LICENSED FACILITY WHERE
SLOT MACHINES OR TABLE GAMES HAVE BEEN INSTALLED FOR USE OR
PLAY.
"GAMING SERVICE PROVIDER." AS DEFINED IN SECTION 1103
(RELATING TO DEFINITIONS).
"IN-STATE PARTICIPANT." AN INDIVIDUAL WHO PARTICIPATES IN A
FANTASY CONTEST CONDUCTED BY A LICENSED OPERATOR AND PAYS A FEE
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TO A LICENSED OPERATOR FROM A LOCATION WITHIN THIS COMMONWEALTH.
THE TERM INCLUDES AN INDIVIDUAL WHO PAYS AN ENTRY FEE THROUGH A
FANTASY CONTEST TERMINAL WITHIN A LICENSED FACILITY.
"IN-STATE PERCENTAGE." FOR EACH FANTASY CONTEST, THE
PERCENTAGE, ROUNDED TO THE NEAREST TENTH OF A PERCENT, EQUAL TO
THE TOTAL ENTRY FEES COLLECTED FROM ALL IN-STATE PARTICIPANTS
DIVIDED BY THE TOTAL ENTRY FEES COLLECTED FROM ALL PARTICIPANTS
IN THE FANTASY CONTEST.
"KEY EMPLOYEE." AN INDIVIDUAL WHO IS EMPLOYED BY AN
APPLICANT FOR A FANTASY CONTEST LICENSE OR A LICENSED OPERATOR
IN A DIRECTOR OR DEPARTMENT HEAD CAPACITY AND WHO IS EMPOWERED
TO MAKE DISCRETIONARY DECISIONS THAT REGULATE FANTASY CONTEST
OPERATIONS AS DETERMINED BY THE BOARD.
"LICENSED ENTITY REPRESENTATIVE." A PERSON, INCLUDING AN
ATTORNEY, AGENT OR LOBBYIST, ACTING ON BEHALF OF OR AUTHORIZED
TO REPRESENT THE INTEREST OF AN APPLICANT, LICENSEE OR OTHER
PERSON AUTHORIZED BY THE BOARD TO ENGAGE IN AN ACT OR ACTIVITY
WHICH IS REGULATED UNDER THIS CHAPTER REGARDING A MATTER BEFORE,
OR WHICH MAY BE REASONABLY BE EXPECTED TO COME BEFORE, THE
BOARD.
"LICENSED FACILITY." AS DEFINED IN SECTION 1103 (RELATING TO
DEFINITIONS).
"LICENSED GAMING ENTITY." AS DEFINED IN SECTION 1103
(RELATING TO DEFINITIONS).
"LICENSED OPERATOR." A PERSON WHO HOLDS A FANTASY CONTEST
LICENSE.
"PARTICIPANT." AN INDIVIDUAL WHO PARTICIPATES IN A FANTASY
CONTEST, WHETHER THE INDIVIDUAL IS LOCATED IN THIS COMMONWEALTH
OR ANOTHER JURISDICTION.
"PERSON." A NATURAL PERSON, CORPORATION, PUBLICLY TRADED
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CORPORATION, FOUNDATION, ORGANIZATION, BUSINESS TRUST, ESTATE,
LIMITED LIABILITY COMPANY, LICENSED CORPORATION, TRUST,
PARTNERSHIP, LIMITED LIABILITY PARTNERSHIP, ASSOCIATION OR ANY
OTHER FORM OF LEGAL BUSINESS ENTITY.
"PRINCIPAL." AN OFFICER, DIRECTOR, PERSON WHO DIRECTLY HOLDS
A BENEFICIAL INTEREST IN OR OWNERSHIP OF THE SECURITIES OF AN
APPLICANT FOR A FANTASY CONTEST LICENSE OR A LICENSED OPERATOR,
PERSON WHO HAS A CONTROLLING INTEREST IN AN APPLICANT FOR A
FANTASY CONTEST LICENSE OR A LICENSED OPERATOR OR WHO HAS THE
ABILITY TO ELECT A MAJORITY OF THE BOARD OF DIRECTORS OF A
LICENSED OPERATOR OR TO OTHERWISE CONTROL A LICENSED OPERATOR,
LENDER OR OTHER LICENSED FINANCIAL INSTITUTION OF AN APPLICANT
FOR A FANTASY CONTEST LICENSE OR A LICENSED OPERATOR, OTHER THAN
A BANK OR LENDING INSTITUTION WHICH MAKES A LOAN OR HOLDS A
MORTGAGE OR OTHER LIEN ACQUIRED IN THE ORDINARY COURSE OF
BUSINESS, UNDERWRITER OF AN APPLICANT FOR A FANTASY CONTEST
LICENSE OR A LICENSED OPERATOR OR OTHER PERSON OR EMPLOYEE OF AN
APPLICANT FOR A FANTASY CONTEST LICENSE OR A LICENSED OPERATOR
DEEMED TO BE A PRINCIPAL BY THE BOARD.
"PRIZE OR AWARD." ANYTHING OF VALUE WORTH $100 OR MORE OR
ANY AMOUNT OF CASH OR CASH EQUIVALENTS.
"PUBLICLY TRADED CORPORATION." A PERSON, OTHER THAN AN
INDIVIDUAL, THAT:
(1) HAS A CLASS OR SERIES OF SECURITIES REGISTERED UNDER
THE SECURITIES EXCHANGE ACT OF 1934 (48 STAT. 881, 15 U.S.C.
§ 78A ET SEQ.);
(2) IS A REGISTERED MANAGEMENT COMPANY UNDER THE
INVESTMENT COMPANY ACT OF 1940 (54 STAT. 789, 15 U.S.C. §
80A-1 ET SEQ.); OR
(3) IS SUBJECT TO THE REPORTING OBLIGATIONS IMPOSED BY
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SECTION 15(D) OF THE SECURITIES EXCHANGE ACT OF 1934 BY
REASON OF HAVING FILED A REGISTRATION STATEMENT THAT HAS
BECOME EFFECTIVE UNDER THE SECURITIES ACT OF 1933 (48 STAT.
74, 15 U.S.C. § 77A ET SEQ.).
"SCRIPT." A LIST OF COMMANDS THAT A FANTASY-CONTEST-RELATED
COMPUTER PROGRAM CAN EXECUTE THAT IS CREATED BY A PARTICIPANT OR
THIRD PARTY NOT APPROVED BY THE LICENSED OPERATOR TO AUTOMATE
PROCESSES ON A LICENSED OPERATOR'S FANTASY CONTEST PLATFORM.
SUBCHAPTER B
ADMINISTRATION
SEC.
311. GENERAL AND SPECIFIC POWERS OF BOARD.
312. TEMPORARY REGULATIONS.
313. FANTASY CONTEST LICENSE APPEALS.
314. BOARD MINUTES AND RECORDS.
315. REPORTS OF BOARD.
§ 311. GENERAL AND SPECIFIC POWERS OF BOARD.
(A) GENERAL POWERS.--
(1) THE BOARD SHALL HAVE REGULATORY AUTHORITY OVER
LICENSED OPERATORS, PRINCIPALS AND KEY EMPLOYEES AND SHALL
ENSURE THE INTEGRITY OF FANTASY CONTESTS OFFERED IN THIS
COMMONWEALTH IN ACCORDANCE WITH THIS CHAPTER.
(2) THE BOARD MAY EMPLOY INDIVIDUALS AS NECESSARY TO
CARRY OUT THE REQUIREMENTS OF THIS CHAPTER, WHO SHALL SERVE
AT THE BOARD'S PLEASURE. AN EMPLOYEE OF THE BOARD SHALL BE
CONSIDERED A STATE EMPLOYEE FOR PURPOSES OF 71 PA.C.S. PT.
XXV (RELATING TO RETIREMENT FOR STATE EMPLOYEES AND
OFFICERS).
(B) SPECIFIC POWERS.--THE BOARD SHALL HAVE THE FOLLOWING
POWERS:
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(1) AT THE BOARD'S DISCRETION, TO ISSUE, APPROVE, RENEW,
REVOKE, SUSPEND, CONDITION OR DENY ISSUANCE OF LICENSES.
(2) AT THE BOARD'S DISCRETION, TO SUSPEND, CONDITION OR
DENY THE ISSUANCE OR RENEWAL OF A LICENSE OR LEVY FINES FOR
ANY VIOLATION OF THIS CHAPTER.
(3) TO PUBLISH EACH JANUARY ON THE BOARD'S PUBLICLY
ACCESSIBLE INTERNET WEBSITE A COMPLETE LIST OF ALL PERSONS
WHO APPLIED FOR OR HELD A FANTASY CONTEST LICENSE AT ANY TIME
DURING THE PRECEDING CALENDAR YEAR AND THE STATUS OF THE
APPLICATION OR FANTASY CONTEST LICENSE.
(4) TO PREPARE AND, THROUGH THE GOVERNOR, SUBMIT
ANNUALLY TO THE GENERAL ASSEMBLY AN ITEMIZED BUDGET
CONSISTENT WITH ARTICLE VI OF THE ACT OF APRIL 9, 1929
(P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF 1929,
CONSISTING OF THE AMOUNTS NECESSARY TO BE APPROPRIATED BY THE
GENERAL ASSEMBLY OUT OF THE ACCOUNTS ESTABLISHED UNDER
SECTION 332 (RELATING TO LICENSED OPERATOR DEPOSITS) REQUIRED
TO MEET THE OBLIGATIONS UNDER THIS CHAPTER ACCRUING DURING
THE FISCAL PERIOD BEGINNING JULY 1 OF THE FOLLOWING YEAR.
(5) IN THE EVENT THAT, IN ANY YEAR, APPROPRIATIONS FOR
THE ADMINISTRATION OF THIS CHAPTER ARE NOT ENACTED BY JUNE
30, ANY FUNDS APPROPRIATED FOR THE ADMINISTRATION OF THIS
CHAPTER WHICH ARE UNEXPENDED, UNCOMMITTED AND UNENCUMBERED AT
THE END OF A FISCAL YEAR SHALL REMAIN AVAILABLE FOR
EXPENDITURE BY THE BOARD UNTIL THE ENACTMENT OF APPROPRIATION
FOR THE ENSUING FISCAL YEAR.
(6) TO PROMULGATE RULES AND REGULATIONS NECESSARY FOR
THE ADMINISTRATION AND ENFORCEMENT OF THIS CHAPTER. EXCEPT AS
PROVIDED IN SECTION 312 (RELATING TO TEMPORARY REGULATIONS),
REGULATIONS SHALL BE ADOPTED UNDER THE ACT OF JULY 31, 1968
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(P.L.769, NO.240), REFERRED TO AS THE COMMONWEALTH DOCUMENTS
LAW, AND THE ACT OF JUNE 25, 1982 (P.L.633, NO.181), KNOWN AS
THE REGULATORY REVIEW ACT.
(7) TO ADMINISTER OATHS, EXAMINE WITNESSES AND ISSUE
SUBPOENAS COMPELLING THE ATTENDANCE OF WITNESSES OR THE
PRODUCTION OF DOCUMENTS AND RECORDS OR OTHER EVIDENCE OR TO
DESIGNATE OFFICERS OR EMPLOYEES TO PERFORM DUTIES REQUIRED BY
THIS CHAPTER.
(8) AT THE BOARD'S DISCRETION, TO DELEGATE ANY OF THE
BOARD'S RESPONSIBILITIES UNDER THIS CHAPTER TO THE EXECUTIVE
DIRECTOR OF THE BOARD OR OTHER DESIGNATED STAFF.
(9) TO REQUIRE LICENSED OPERATORS AND APPLICANTS FOR A
FANTASY CONTEST LICENSE TO SUBMIT ANY INFORMATION OR
DOCUMENTATION NECESSARY TO ENSURE THE PROPER REGULATION OF
FANTASY CONTESTS IN ACCORDANCE WITH THIS CHAPTER.
(10) TO REQUIRE LICENSED OPERATORS TO:
(I) ANNUALLY CONTRACT WITH A CERTIFIED PUBLIC
ACCOUNTANT TO CONDUCT AN INDEPENDENT AUDIT IN ACCORDANCE
WITH STANDARDS ADOPTED BY THE AMERICAN INSTITUTE OF
CERTIFIED PUBLIC ACCOUNTANTS TO VERIFY COMPLIANCE WITH
THE PROVISIONS OF THIS CHAPTER AND BOARD REGULATIONS;
(II) ANNUALLY CONTRACT WITH A TESTING LABORATORY
APPROVED BY THE BOARD TO VERIFY COMPLIANCE WITH THE
PROVISIONS OF THIS CHAPTER AND BOARD REGULATIONS; AND
(III) ANNUALLY SUBMIT TO THE BOARD AND DEPARTMENT A
COPY OF THE AUDIT REPORT REQUIRED BY SUBPARAGRAPH (I) AND
SUBMIT TO THE BOARD A COPY OF THE REPORT OF THE TESTING
LABORATORY REQUIRED BY SUBPARAGRAPH (II).
(11) IN CONJUNCTION WITH THE DEPARTMENT OF DRUG AND
ALCOHOL PROGRAMS, TO DEVELOP A PROCESS BY WHICH LICENSED
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OPERATORS PROVIDE PARTICIPANTS WITH A TOLL-FREE TELEPHONE
NUMBER THAT PROVIDES INDIVIDUALS WITH INFORMATION ON HOW TO
ACCESS APPROPRIATE TREATMENT SERVICES FOR COMPULSIVE AND
PROBLEM PLAY.
(12) AT THE BOARD'S DISCRETION, TO PERMIT THE PLACEMENT
AND OPERATION OF FANTASY CONTEST TERMINALS WITHIN LICENSED
FACILITIES AND TO ENSURE THE INTEGRITY OF FANTASY CONTEST
TERMINALS.
(B.1) LICENSED ENTITY REPRESENTATIVE.--
(1) A LICENSED ENTITY REPRESENTATIVE SHALL REGISTER WITH
THE BOARD, IN A MANNER PRESCRIBED BY THE BOARD. THE
REGISTRATION SHALL INCLUDE THE NAME, EMPLOYER OR FIRM,
BUSINESS ADDRESS AND BUSINESS TELEPHONE NUMBER OF BOTH THE
LICENSED ENTITY REPRESENTATIVE AND ANY LICENSED OPERATOR,
APPLICANT FOR LICENSURE OR OTHER PERSON BEING REPRESENTED.
(2) A LICENSED ENTITY REPRESENTATIVE SHALL HAVE AN
AFFIRMATIVE DUTY TO UPDATE ITS REGISTRATION INFORMATION ON AN
ONGOING BASIS. FAILURE TO UPDATE SHALL BE PUNISHABLE BY THE
BOARD.
(3) THE BOARD SHALL MAINTAIN A LIST OF LICENSED ENTITY
REPRESENTATIVES WHICH SHALL CONTAIN THE INFORMATION REQUIRED
UNDER PARAGRAPH (1) AND SHALL BE AVAILABLE FOR PUBLIC
INSPECTION AT THE OFFICES OF THE BOARD AND ON THE BOARD'S
PUBLICLY ACCESSIBLE INTERNET WEBSITE.
(C) EXCEPTIONS.--EXCEPT AS PROVIDED UNDER SECTION 342
(RELATING TO LICENSED GAMING ENTITIES), NOTHING IN THIS SECTION
SHALL BE CONSTRUED TO AUTHORIZE THE BOARD:
(1) TO REQUIRE BACKGROUND INVESTIGATIONS FOR EMPLOYEES,
OTHER THAN KEY EMPLOYEES AND PRINCIPALS, OF AN APPLICANT FOR
A FANTASY CONTEST LICENSE OR A LICENSED OPERATOR.
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(2) TO REQUIRE ANY ADDITIONAL PERMITS OR LICENSES NOT
SPECIFICALLY ENUMERATED IN THIS CHAPTER.
(3) TO IMPOSE ADDITIONAL CONDITIONS OF LICENSURE ON
LICENSED OPERATORS OR PROHIBITIONS ON THE OPERATION OF
FANTASY CONTESTS NOT SPECIFICALLY ENUMERATED IN THIS CHAPTER.
§ 312. TEMPORARY REGULATIONS.
(A) PROMULGATION.--IN ORDER TO FACILITATE THE PROMPT
IMPLEMENTATION OF THIS CHAPTER, REGULATIONS PROMULGATED BY THE
BOARD SHALL BE DEEMED TEMPORARY REGULATIONS AND SHALL EXPIRE NO
LATER THAN TWO YEARS FOLLOWING THE EFFECTIVE DATE OF THIS
SECTION. THE BOARD MAY PROMULGATE TEMPORARY REGULATIONS NOT
SUBJECT TO:
(1) SECTIONS 201, 202 AND 203 OF THE ACT OF JULY 31,
1968 (P.L.769, NO.240), REFERRED TO AS THE COMMONWEALTH
DOCUMENTS LAW.
(2) THE ACT OF JUNE 25, 1982 (P.L.633, NO.181), KNOWN AS
THE REGULATORY REVIEW ACT.
(B) EXPIRATION.--EXCEPT FOR TEMPORARY REGULATIONS CONCERNING
NETWORK CONNECTIVITY, SECURITY AND TESTING AND COMPULSIVE AND
PROBLEM PLAY, THE AUTHORITY PROVIDED TO THE BOARD TO ADOPT
TEMPORARY REGULATIONS IN SUBSECTION (A) SHALL EXPIRE NO LATER
THAN TWO YEARS FOLLOWING THE EFFECTIVE DATE OF THIS SECTION.
REGULATIONS ADOPTED AFTER THIS PERIOD SHALL BE PROMULGATED AS
PROVIDED BY LAW.
§ 313. FANTASY CONTEST LICENSE APPEALS.
AN APPLICANT MAY APPEAL ANY FINAL ORDER, DETERMINATION OR
DECISION OF THE BOARD INVOLVING THE APPROVAL, ISSUANCE, DENIAL,
REVOCATION OR CONDITIONING OF A FANTASY CONTEST LICENSE IN
ACCORDANCE WITH 2 PA.C.S. CHS. 5 SUBCH. A (RELATING TO PRACTICE
AND PROCEDURE OF COMMONWEALTH AGENCIES) AND 7 SUBCH. A (RELATING
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TO JUDICIAL REVIEW OF COMMONWEALTH AGENCY ACTION).
§ 314. BOARD MINUTES AND RECORDS.
(A) RECORD OF PROCEEDINGS.--THE BOARD SHALL MAINTAIN A
RECORD OF ALL PROCEEDINGS HELD AT PUBLIC MEETINGS OF THE BOARD.
THE VERBATIM TRANSCRIPT OF THE PROCEEDINGS SHALL BE THE PROPERTY
OF THE BOARD AND SHALL BE PREPARED BY THE BOARD UPON THE REQUEST
OF ANY BOARD MEMBER OR UPON THE REQUEST OF ANY OTHER PERSON AND
THE PAYMENT BY THAT PERSON OF THE COSTS OF PREPARATION.
(B) APPLICANT INFORMATION.--
(1) THE BOARD SHALL MAINTAIN A LIST OF ALL APPLICANTS
FOR A FANTASY CONTEST LICENSE. THE LIST SHALL INCLUDE A
RECORD OF ALL ACTIONS TAKEN WITH RESPECT TO EACH APPLICANT.
THE LIST SHALL BE OPEN TO PUBLIC INSPECTION DURING THE NORMAL
BUSINESS HOURS OF THE BOARD.
(2) INFORMATION UNDER PARAGRAPH (1) REGARDING AN
APPLICANT WHOSE FANTASY CONTEST LICENSE HAS BEEN DENIED,
REVOKED OR NOT RENEWED SHALL BE REMOVED FROM THE LIST AFTER
SEVEN YEARS FROM THE DATE OF THE ACTION.
(C) OTHER FILES AND RECORDS.--THE BOARD SHALL MAINTAIN SUCH
OTHER FILES AND RECORDS AS IT MAY DEEM APPROPRIATE.
(D) CONFIDENTIALITY OF INFORMATION.--
(1) THE FOLLOWING INFORMATION SUBMITTED BY AN APPLICANT
FOR A FANTASY CONTEST LICENSE UNDER SECTION 322 (RELATING TO
APPLICATION) OR OTHERWISE OBTAINED BY THE BOARD AS PART OF A
BACKGROUND OR OTHER INVESTIGATION FROM ANY SOURCE SHALL BE
CONFIDENTIAL AND WITHHELD FROM PUBLIC DISCLOSURE:
(I) ALL INFORMATION RELATING TO CHARACTER, HONESTY
AND INTEGRITY, INCLUDING FAMILY, HABITS, REPUTATION,
HISTORY OF CRIMINAL ACTIVITY, BUSINESS ACTIVITIES,
FINANCIAL AFFAIRS AND BUSINESS, PROFESSIONAL AND PERSONAL
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ASSOCIATIONS.
(II) NONPUBLIC PERSONAL INFORMATION, INCLUDING HOME
ADDRESSES, TELEPHONE NUMBERS AND OTHER PERSONAL CONTACT
INFORMATION, SOCIAL SECURITY NUMBERS, EDUCATIONAL
RECORDS, MEMBERSHIPS, MEDICAL RECORDS, TAX RETURNS AND
DECLARATIONS, ACTUAL OR PROPOSED COMPENSATION, FINANCIAL
ACCOUNT RECORDS, CREDITWORTHINESS OR FINANCIAL CONDITION
RELATING TO AN APPLICANT.
(III) INFORMATION RELATING TO PROPRIETARY
INFORMATION, TRADE SECRETS, PATENTS OR EXCLUSIVE
LICENSES, ARCHITECTURAL AND ENGINEERING PLANS AND
INFORMATION RELATING TO COMPETITIVE MARKETING MATERIALS
AND STRATEGIES THAT MAY INCLUDE CUSTOMER-IDENTIFYING
INFORMATION OR CUSTOMER PROSPECTS FOR SERVICES SUBJECT TO
COMPETITION.
(IV) INFORMATION WITH RESPECT TO WHICH THERE IS A
REASONABLE POSSIBILITY THAT PUBLIC RELEASE OR INSPECTION
OF THE INFORMATION WOULD CONSTITUTE AN UNWARRANTED
INVASION INTO PERSONAL PRIVACY OF AN INDIVIDUAL AS
DETERMINED BY THE BOARD.
(V) RECORDS OF AN APPLICANT FOR A FANTASY CONTEST
LICENSE OR A LICENSED OPERATOR NOT REQUIRED TO BE FILED
WITH THE SECURITIES AND EXCHANGE COMMISSION BY ISSUERS
THAT EITHER HAVE SECURITIES REGISTERED UNDER SECTION 12
OF THE SECURITIES EXCHANGE ACT OF 1934 (48 STAT. 881, 15
U.S.C. § 78L) OR ARE REQUIRED TO FILE REPORTS UNDER
SECTION 15(D) OF THE SECURITIES EXCHANGE ACT OF 1934 (48
STAT. 881, 15 U.S.C. § 78O)
(VI) RECORDS CONSIDERED NONPUBLIC MATTERS OR
INFORMATION BY THE SECURITIES AND EXCHANGE COMMISSION AS
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PROVIDED BY 17 CFR 200.80 (RELATING TO COMMISSION RECORDS
AND INFORMATION).
(VII) FINANCIAL OR SECURITY INFORMATION DEEMED
CONFIDENTIAL BY THE BOARD UPON A SHOWING OF GOOD CAUSE BY
THE APPLICANT FOR A FANTASY CONTEST LICENSE OR LICENSED
OPERATOR.
(2) NO CLAIM OF CONFIDENTIALITY MAY BE MADE REGARDING
ANY CRIMINAL HISTORY RECORD INFORMATION THAT IS AVAILABLE TO
THE PUBLIC UNDER 18 PA.C.S. § 9121(B) (RELATING TO GENERAL
REGULATIONS).
(3) NO CLAIM OF CONFIDENTIALITY SHALL BE MADE REGARDING
ANY RECORD IN POSSESSION OF THE BOARD THAT IS OTHERWISE
PUBLICLY AVAILABLE FROM A COMMONWEALTH AGENCY, LOCAL AGENCY
OR ANOTHER JURISDICTION.
(4) THE INFORMATION MADE CONFIDENTIAL UNDER THIS SECTION
SHALL BE WITHHELD FROM PUBLIC DISCLOSURE, IN WHOLE OR IN
PART, EXCEPT THAT ANY CONFIDENTIAL INFORMATION SHALL BE
RELEASED UPON THE ORDER OF A COURT OF COMPETENT JURISDICTION
OR, WITH THE APPROVAL OF THE ATTORNEY GENERAL, TO A DULY
AUTHORIZED LAW ENFORCEMENT AGENCY OR SHALL BE RELEASED TO THE
PUBLIC, IN WHOLE OR IN PART, TO THE EXTENT THAT SUCH RELEASE
IS REQUESTED BY AN APPLICANT FOR A FANTASY CONTEST LICENSE OR
LICENSED OPERATOR AND DOES NOT OTHERWISE CONTAIN CONFIDENTIAL
INFORMATION ABOUT ANOTHER PERSON.
(5) THE BOARD MAY SEEK A VOLUNTARY WAIVER OF
CONFIDENTIALITY FROM AN APPLICANT FOR A FANTASY CONTEST
LICENSE OR A LICENSED OPERATOR, BUT MAY NOT REQUIRE AN
APPLICANT OR LICENSED OPERATOR TO WAIVE ANY CONFIDENTIALITY
PROVIDED FOR IN THIS SUBSECTION AS A CONDITION FOR THE
APPROVAL OF AN APPLICATION, RENEWAL OF A FANTASY CONTEST
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LICENSE OR ANY OTHER ACTION OF THE BOARD.
(E) NOTICE.--NOTICE OF THE CONTENTS OF ANY INFORMATION,
EXCEPT TO A DULY AUTHORIZED LAW ENFORCEMENT AGENCY UNDER THIS
SECTION, SHALL BE GIVEN TO AN APPLICANT OR LICENSEE IN A MANNER
PRESCRIBED BY THE RULES AND REGULATIONS ADOPTED BY THE BOARD.
(F) INFORMATION HELD BY DEPARTMENT.--FILES, RECORDS, REPORTS
AND OTHER INFORMATION IN THE POSSESSION OF THE DEPARTMENT
PERTAINING TO LICENSED OPERATORS SHALL BE MADE AVAILABLE TO THE
BOARD AS MAY BE NECESSARY FOR THE EFFECTIVE ADMINISTRATION OF
THIS CHAPTER.
§ 315. REPORTS OF BOARD.
(A) GENERAL RULE.-- THE ANNUAL REPORT SUBMITTED BY THE BOARD
UNDER SECTION 1211 (RELATING TO REPORTS OF BOARD) SHALL INCLUDE
THE FOLLOWING INFORMATION ON THE CONDUCT OF FANTASY CONTESTS:
(1) TOTAL FANTASY CONTEST ADJUSTED REVENUES.
(2) ALL TAXES, FEES, FINES AND OTHER REVENUE COLLECTED
FROM LICENSED OPERATORS DURING THE PREVIOUS YEAR. THE
DEPARTMENT SHALL COLLABORATE WITH THE BOARD TO CARRY OUT THE
REQUIREMENTS OF THIS SECTION.
(3) AT THE BOARD'S DISCRETION, ANY OTHER INFORMATION
RELATED TO THE CONDUCT OF FANTASY CONTESTS OR LICENSED
OPERATORS.
(B) LICENSED OPERATORS.--THE BOARD MAY REQUIRE LICENSED
OPERATORS TO PROVIDE INFORMATION TO THE BOARD TO ASSIST IN THE
PREPARATION OF THE REPORT.
SUBCHAPTER C
LICENSURE
SEC.
321. GENERAL PROHIBITION.
322. APPLICATION.
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323. ISSUANCE AND DENIAL OF LICENSE.
324. LICENSE RENEWAL.
325. CONDITIONS OF LICENSURE.
326. PROHIBITIONS.
327. CHANGE IN OWNERSHIP OR CONTROL OF LICENSED OPERATORS.
328. PENALTIES.
§ 321. GENERAL PROHIBITION.
(A) GENERAL RULE.--EXCEPT AS PROVIDED FOR IN SUBSECTION (B),
NO PERSON MAY OFFER OR OTHERWISE MAKE AVAILABLE FOR PLAY IN THIS
COMMONWEALTH A FANTASY CONTEST WITHOUT A FANTASY CONTEST LICENSE
ISSUED BY THE BOARD.
(B) EXISTING ACTIVITY.--A PERSON WHO APPLIES FOR OR RENEWS A
FANTASY CONTEST LICENSE IN ACCORDANCE WITH THIS CHAPTER MAY
OPERATE DURING THE APPLICATION OR RENEWAL PERIOD UNLESS:
(1) THE BOARD HAS REASONABLE CAUSE TO BELIEVE THE PERSON
IS OR MAY BE IN VIOLATION OF THE PROVISIONS OF THIS CHAPTER.
(2) THE BOARD REQUIRES THE PERSON TO SUSPEND THE
OPERATION OF ANY FANTASY CONTEST UNTIL THE LICENSE IS ISSUED
OR RENEWED.
§ 322. APPLICATION.
(A) FORM AND INFORMATION.--AN APPLICATION FOR A LICENSE
SHALL BE SUBMITTED ON A FORM AND IN MANNER AS SHALL BE REQUIRED
BY THE BOARD. AN APPLICATION FOR A FANTASY CONTEST LICENSE SHALL
CONTAIN THE FOLLOWING INFORMATION:
(1) THE NAME, FEDERAL EMPLOYER IDENTIFICATION NUMBER AND
PRINCIPAL ADDRESS OF THE APPLICANT; IF A CORPORATION, THE
STATE OF ITS INCORPORATION, THE FULL NAME AND ADDRESS OF EACH
OFFICER AND DIRECTOR THEREOF, AND, IF A FOREIGN CORPORATION,
WHETHER IT IS QUALIFIED TO DO BUSINESS IN THIS COMMONWEALTH;
IF A PARTNERSHIP OR JOINT VENTURE, THE NAME AND ADDRESS OF
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EACH OFFICER THEREOF.
(2) THE NAME AND ADDRESS OF THE PERSON HAVING CUSTODY OF
THE APPLICANT'S FINANCIAL RECORDS.
(3) THE NAMES AND ADDRESSES OF KEY EMPLOYEES.
(4) THE NAMES AND ADDRESSES OF EACH OF THE APPLICANT'S
PRINCIPALS.
(5) INFORMATION, DOCUMENTATION AND ASSURANCES RELATED TO
FINANCIAL AND CRIMINAL HISTORY AS THE BOARD DEEMS NECESSARY
TO ESTABLISH BY CLEAR AND CONVINCING EVIDENCE THE FINANCIAL
STABILITY, INTEGRITY AND RESPONSIBILITY OF THE APPLICANT AND
THE APPLICANT'S KEY EMPLOYEES AND PRINCIPALS.
(6) INFORMATION AND DOCUMENTATION NECESSARY TO ESTABLISH
THE APPLICANT'S ABILITY TO COMPLY WITH SECTION 325 (RELATING
TO CONDITIONS OF LICENSURE).
(7) ANY OTHER INFORMATION REQUIRED BY THE BOARD.
(B) NONREFUNDABLE APPLICATION FEE.--EACH APPLICATION
SUBMITTED UNDER THIS CHAPTER SHALL BE ACCOMPANIED BY A
NONREFUNDABLE APPLICATION FEE, WHICH SHALL BE ESTABLISHED BY THE
BOARD, AND WHICH MAY NOT EXCEED THE AMOUNT NECESSARY TO
REIMBURSE THE BOARD FOR ALL COSTS INCURRED BY THE BOARD FOR
FULFILLING THE REQUIREMENTS OF THIS SECTION AND SECTION 323
(RELATING TO ISSUANCE AND DENIAL OF LICENSE) OR EXCEED AN AMOUNT
EQUAL TO 5% OF THE APPLICANT'S FANTASY CONTEST ADJUSTED REVENUES
FOR THE PREVIOUS CALENDAR YEAR IF THE APPLICANT IS NOT A
LICENSED GAMING ENTITY.
(C) ADDITIONAL INFORMATION.--A PERSON APPLYING FOR A FANTASY
CONTEST LICENSE SHALL HAVE THE CONTINUING DUTY TO PROVIDE
INFORMATION REQUIRED BY THE BOARD AND TO COOPERATE IN ANY
INQUIRY OR INVESTIGATION.
(D) ABBREVIATED APPLICATION PROCESS.--THE BOARD, AT ITS
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DISCRETION, MAY ESTABLISH AN ABBREVIATED APPLICATION PROCESS FOR
A FANTASY CONTEST LICENSE FOR PERSONS THAT ARE ALSO LICENSED
GAMING ENTITIES. THE ABBREVIATED APPLICATION MAY ONLY REQUIRE
INFORMATION NOT IN POSSESSION OF THE BOARD THAT IS NECESSARY TO
FULFILL THE REQUIREMENTS OF THIS CHAPTER.
§ 323. ISSUANCE AND DENIAL OF LICENSE.
(A) DUTY TO REVIEW APPLICATIONS.--THE BOARD SHALL REVIEW ALL
APPLICATIONS FOR A LICENSE AND SHALL ISSUE A LICENSE TO ANY
APPLICANT THAT:
(1) HAS SUBMITTED A COMPLETED APPLICATION AND PAID THE
NONREFUNDABLE APPLICATION FEE AS REQUIRED BY THE BOARD UNDER
SECTION 322 (RELATING TO APPLICATION).
(2) HAS DEMONSTRATED THAT THE APPLICANT HAS THE
FINANCIAL STABILITY, INTEGRITY AND RESPONSIBILITY TO COMPLY
WITH THE PROVISIONS OF THIS CHAPTER AND REGULATIONS
ESTABLISHED BY THE BOARD.
(3) HAS NOT BEEN DENIED A LICENSE UNDER SUBSECTION (B).
(B) REASONS TO DENY APPLICATIONS.--THE BOARD MAY DENY AN
APPLICATION FOR A LICENSE IF THE APPLICANT:
(1) HAS KNOWINGLY MADE A FALSE STATEMENT OF MATERIAL
FACT OR HAS DELIBERATELY FAILED TO DISCLOSE ANY INFORMATION
REQUESTED;
(2) EMPLOYS A PRINCIPAL OR KEY EMPLOYEE WHO HAS BEEN
CONVICTED OF A FELONY, A CRIME OF MORAL TURPITUDE OR ANY
CRIMINAL OFFENSE INVOLVING DISHONESTY OR BREACH OF TRUST
WITHIN 10 YEARS PRIOR TO THE DATE OF THE APPLICATION FOR
LICENSE;
(3) HAS AT ANY TIME KNOWINGLY FAILED TO COMPLY WITH THE
PROVISIONS OF THIS CHAPTER OR OF ANY REQUIREMENTS OF THE
BOARD;
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(4) HAS HAD A REGISTRATION, PERMIT OR LICENSE TO CONDUCT
FANTASY CONTESTS DENIED OR REVOKED IN ANY OTHER JURISDICTION;
(5) HAS LEGALLY DEFAULTED IN THE PAYMENT OF ANY
OBLIGATION OR DEBT DUE TO THE COMMONWEALTH OR IS NOT
COMPLIANT WITH TAXES DUE TO THE DEPARTMENT; OR
(6) IS NOT QUALIFIED TO DO BUSINESS IN THIS COMMONWEALTH
OR IS NOT SUBJECT TO THE JURISDICTION OF THE COURTS OF THE
COMMONWEALTH.
(C) TIME PERIOD FOR REVIEW.--THE BOARD SHALL CONCLUDE ITS
REVIEW OF AN APPLICATION FOR A FANTASY CONTEST LICENSE WITHIN
120 DAYS OF RECEIPT OF THE COMPLETED APPLICATION. IF THE LICENSE
IS NOT ISSUED, THE BOARD SHALL PROVIDE THE APPLICANT WITH THE
JUSTIFICATION FOR NOT ISSUING SUCH LICENSE WITH SPECIFICITY.
(D) LICENSE FEE.--
(1) WITHIN 30 DAYS OF THE BOARD ISSUING A FANTASY
CONTEST LICENSE, AN APPLICANT SHALL PAY TO THE BOARD A
LICENSE FEE OF $50,000 OR AN AMOUNT EQUIVALENT TO 7.5% OF THE
APPLICANT'S FANTASY CONTEST ADJUSTED REVENUES FOR THE
PREVIOUS CALENDAR YEAR , WHICHEVER IS LESS, EXCEPT THAT AN
APPLICANT WHO IS ALSO A LICENSED GAMING ENTITY SHALL PAY TO
THE BOARD A LICENSE FEE OF $50,000.
(2) THE LICENSE FEE COLLECTED UNDER THIS SUBSECTION
SHALL BE DEPOSITED INTO THE GENERAL FUND.
(3) IF AN APPLICANT FAILS TO PAY THE FEE REQUIRED BY
THIS SUBSECTION, THE BOARD SHALL SUSPEND OR REVOKE THE
APPLICANT'S FANTASY CONTEST LICENSE UNTIL PAYMENT OF THE
LICENSE FEE IS RECEIVED.
(E) ABBREVIATED APPROVAL PROCESS.--THE BOARD, AT ITS
DISCRETION, MAY ESTABLISH AN ABBREVIATED APPROVAL PROCESS FOR
THE ISSUANCE OF A FANTASY CONTEST LICENSE TO A LICENSED GAMING
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ENTITY WHOSE SLOT MACHINE LICENSE AND TABLE GAME CERTIFICATE ARE
IN GOOD STANDING.
§ 324. LICENSE RENEWAL.
(A) RENEWAL.--
(1) A LICENSE ISSUED UNDER THIS CHAPTER SHALL BE VALID
FOR A PERIOD OF FIVE YEARS .
(2) NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED TO
RELIEVE A LICENSED OPERATOR OF THE AFFIRMATIVE DUTY TO NOTIFY
THE BOARD OF ANY CHANGES RELATING TO THE STATUS OF ITS
FANTASY CONTEST LICENSE OR TO ANY OTHER INFORMATION CONTAINED
IN THE APPLICATION MATERIALS ON FILE WITH THE BOARD.
(3) THE APPLICATION FOR RENEWAL OF A FANTASY CONTEST
LICENSE MUST BE SUBMITTED AT LEAST 90 DAYS PRIOR TO THE
EXPIRATION OF THE LICENSE AND INCLUDE AN UPDATE OF THE
INFORMATION CONTAINED IN THE INITIAL APPLICATION FOR A
FANTASY CONTEST LICENSE. A FANTASY CONTEST LICENSE FOR WHICH
A COMPLETED RENEWAL APPLICATION AND FEE AS REQUIRED UNDER
SUBSECTION (C) HAS BEEN RECEIVED BY THE BOARD SHALL CONTINUE
IN EFFECT UNLESS AND UNTIL THE BOARD SENDS WRITTEN
NOTIFICATION TO THE LICENSED OPERATOR THAT THE BOARD HAS
DENIED THE RENEWAL OF THE LICENSE.
(B) REVOCATION OR FAILURE TO RENEW.--
(1) IN ADDITION TO ANY OTHER SANCTION THE BOARD MAY
IMPOSE UNDER THIS CHAPTER, THE BOARD MAY AT ITS DISCRETION
SUSPEND, REVOKE OR DENY RENEWAL OF A FANTASY CONTEST LICENSE
ISSUED UNDER THIS CHAPTER IF IT RECEIVES INFORMATION THAT:
(I) THE APPLICANT OR ANY OF THE APPLICANT'S KEY
EMPLOYEES OR PRINCIPALS ARE IN VIOLATION OF ANY PROVISION
OF THIS CHAPTER;
(II) THE APPLICANT HAS FURNISHED THE BOARD WITH
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FALSE OR MISLEADING INFORMATION;
(III) THE INFORMATION CONTAINED IN THE APPLICANT'S
INITIAL APPLICATION OR ANY RENEWAL APPLICATION IS NO
LONGER TRUE AND CORRECT;
(IV) THE APPLICANT HAS FAILED TO REMIT TAXES OR
ASSESSMENTS REQUIRED UNDER SECTION 331 (RELATING TO
FANTASY CONTEST TAX), 332 (RELATING TO LICENSED OPERATOR
DEPOSITS) OR 333 (RELATING TO RESPONSIBILITY AND
AUTHORITY OF DEPARTMENT); OR
(V) THE APPLICANT HAS LEGALLY DEFAULTED IN THE
PAYMENT OF ANY OBLIGATION OR DEBT DUE TO THE
COMMONWEALTH.
(2) IN THE EVENT OF A REVOCATION OR FAILURE TO RENEW,
THE APPLICANT'S AUTHORIZATION TO CONDUCT FANTASY CONTESTS
SHALL IMMEDIATELY CEASE AND ALL FEES PAID IN CONNECTION WITH
THE APPLICATION SHALL BE DEEMED TO BE FORFEITED.
(3) IN THE EVENT OF A SUSPENSION, THE APPLICANT'S
AUTHORIZATION TO CONDUCT FANTASY CONTESTS SHALL IMMEDIATELY
CEASE UNTIL THE BOARD HAS NOTIFIED THE APPLICANT THAT THE
SUSPENSION IS NO LONGER IN EFFECT.
(C) RENEWAL FEE.--
(1) WITHIN 30 DAYS OF THE BOARD RENEWING A FANTASY
CONTEST LICENSE, THE LICENSED OPERATOR SHALL PAY TO THE BOARD
A RENEWAL FEE OF $5,000.
(2) THE RENEWAL FEE COLLECTED BY THE BOARD UNDER THIS
SUBSECTION SHALL BE DEPOSITED INTO THE GENERAL FUND.
(3) IF A LICENSED OPERATOR FAILS TO PAY THE RENEWAL FEE
REQUIRED UNDER THIS SUBSECTION, THE BOARD SHALL SUSPEND OR
REVOKE THE LICENSED OPERATOR'S FANTASY CONTEST LICENSE UNTIL
PAYMENT OF THE RENEWAL FEE IS RECEIVED.
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§ 325. CONDITIONS OF LICENSURE.
AS A CONDITION OF LICENSURE, A LICENSED OPERATOR SHALL
ESTABLISH AND IMPLEMENT THE FOLLOWING PROCEDURES RELATED TO
CONDUCT OF FANTASY CONTESTS IN THIS COMMONWEALTH:
(1) PERMIT ONLY PARTICIPANTS WHO HAVE ESTABLISHED A
FANTASY CONTEST ACCOUNT WITH THE LICENSED OPERATOR TO
PARTICIPATE IN A FANTASY CONTEST CONDUCTED BY THE LICENSED
OPERATOR.
(2) VERIFY THE AGE, LOCATION AND IDENTITY OF ANY
PARTICIPANT PRIOR TO MAKING A DEPOSIT INTO A FANTASY CONTEST
ACCOUNT FOR A PARTICIPANT LOCATED IN THIS COMMONWEALTH. NO
PARTICIPANT UNDER 18 YEARS OF AGE MAY BE PERMITTED TO
ESTABLISH A FANTASY CONTEST ACCOUNT WITH A LICENSED OPERATOR.
(3) VERIFY THE IDENTITY OF A PARTICIPANT BY REQUIRING
THE PARTICIPANT TO PROVIDE THE LICENSED OPERATOR A UNIQUE
USER NAME AND PASSWORD PRIOR TO ACCESSING A FANTASY CONTEST
ACCOUNT.
(4) ENSURE RULES AND PRIZES AND AWARDS ESTABLISHED BY
THE LICENSED OPERATOR FOR A FANTASY CONTEST ARE MADE KNOWN TO
A PARTICIPANT PRIOR TO THE ACCEPTANCE OF ANY ENTRY FEE.
(5) ENSURE THAT A PLAYER WHO IS THE SUBJECT OF A FANTASY
CONTEST IS RESTRICTED FROM ENTERING AS A PARTICIPANT IN A
FANTASY CONTEST THAT IS DETERMINED, IN WHOLE OR PART, ON THE
ACCUMULATED STATISTICAL RESULTS OF A TEAM OF INDIVIDUALS IN
THE LEAGUE IN WHICH THE PLAYER IS A MEMBER.
(6) ALLOW A PERSON TO RESTRICT HIMSELF FROM ENTERING A
FANTASY CONTEST OR ACCESSING A FANTASY CONTEST ACCOUNT FOR A
SPECIFIC PERIOD OF TIME AS DETERMINED BY THE PARTICIPANT AND
IMPLEMENT REASONABLE PROCEDURES TO PREVENT THE INDIVIDUAL
FROM PARTICIPATING IN THE LICENSED OPERATOR'S FANTASY
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CONTESTS.
(7) ALLOW A PERSON TO RESTRICT THE TOTAL AMOUNT OF
DEPOSITS THAT THE PARTICIPANT MAY PAY TO THE LICENSED
OPERATOR FOR A SPECIFIC TIME PERIOD ESTABLISHED BY THE
PARTICIPANT AND IMPLEMENT REASONABLE PROCEDURES TO PREVENT
THE PARTICIPANT FROM EXCEEDING THE LIMIT.
(8) CONSPICUOUSLY POST COMPULSIVE AND PROBLEM PLAY
NOTICES AT FANTASY CONTEST REGISTRATION POINTS AND PROVIDE A
TOLL-FREE TELEPHONE NUMBER TO PARTICIPANTS WHO HAVE EXPRESSED
TO THE LICENSED OPERATOR ISSUES WITH COMPULSIVE AND PROBLEM
PLAY OF FANTASY CONTESTS. THE TOLL-FREE TELEPHONE NUMBER AND
THE COMPULSIVE AND PROBLEM PLAY NOTICE SHALL BE APPROVED BY
THE BOARD, IN CONSULTATION WITH THE DEPARTMENT OF DRUG AND
ALCOHOL PROGRAMS.
(9) DISCLOSE THE NUMBER OF ENTRIES A SINGLE PARTICIPANT
MAY SUBMIT TO EACH FANTASY CONTEST AND TAKE COMMERCIALLY
REASONABLE STEPS TO PREVENT SUCH PARTICIPANTS FROM SUBMITTING
MORE THAN THE ALLOWABLE NUMBER.
(10) PREVENT THE LICENSED OPERATOR'S EMPLOYEES AND
RELATIVES LIVING IN THE SAME HOUSEHOLD OF AN EMPLOYEE FROM
COMPETING IN A FANTASY CONTEST OFFERED BY ANY LICENSED
OPERATOR TO THE GENERAL PUBLIC AND IN WHICH FANTASY CONTEST
THE LICENSED OPERATOR OFFERS A PRIZE OR AWARD.
(11) PREVENT THE SHARING OF CONFIDENTIAL INFORMATION
THAT COULD AFFECT FANTASY CONTEST PLAY WITH THIRD PARTIES
UNTIL THE INFORMATION IS MADE PUBLICLY AVAILABLE.
(12) TAKE COMMERCIALLY REASONABLE STEPS TO MAINTAIN THE
CONFIDENTIALITY OF A PARTICIPANT'S PERSONAL AND FINANCIAL
INFORMATION.
(13) SEGREGATE PARTICIPANT FUNDS FROM OPERATIONAL FUNDS
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IN SEPARATE ACCOUNTS AND MAINTAIN A RESERVE IN THE FORM OF
CASH, CASH EQUIVALENTS, SECURITY DEPOSITS HELD BY BANKS AND
PROCESSORS, AN IRREVOCABLE LETTER OF CREDIT, PAYMENT
PROCESSOR RESERVES AND RECEIVABLES, A BOND OR A COMBINATION
THEREOF IN AN AMOUNT SUFFICIENT TO PAY ALL PRIZES AND AWARDS
OFFERED TO WINNING PARTICIPANTS.
(14) PROVIDE WINNING IN-STATE PARTICIPANTS WITH
INFORMATION AND DOCUMENTATION NECESSARY TO ENSURE THE PROPER
REPORTING OF WINNINGS BY IN-STATE PARTICIPANTS TO THE
DEPARTMENT.
(15) REMIT TAXES OR ASSESSMENTS TO THE DEPARTMENT IN
ACCORDANCE WITH SECTIONS 331 (RELATING TO FANTASY CONTEST
TAX), 332 (RELATING TO LICENSED OPERATOR DEPOSITS) AND 333
(RELATING TO RESPONSIBILITY AND AUTHORITY OF DEPARTMENT).
(16) PROHIBIT THE USE OF SCRIPTS BY PARTICIPANTS AND
IMPLEMENT TECHNOLOGIES TO PREVENT THE USE OF SCRIPTS.
(17) MONITOR FANTASY CONTESTS FOR THE USE OF SCRIPTS AND
RESTRICT PLAYERS FOUND TO HAVE USED SUCH SCRIPTS FROM
PARTICIPATION IN FUTURE FANTASY CONTESTS.
(18) ESTABLISH ANY OTHER CONDITION DEEMED APPROPRIATE BY
THE BOARD.
§ 326. PROHIBITIONS.
NO LICENSED OPERATOR MAY:
(1) ACCEPT AN ENTRY FEE FROM OR PERMIT A NATURAL PERSON
UNDER 18 YEARS OF AGE TO BECOME A PARTICIPANT IN A FANTASY
CONTEST;
(2) OFFER A FANTASY CONTEST BASED, IN WHOLE OR IN PART,
ON COLLEGIATE OR HIGH SCHOOL ATHLETIC EVENTS OR PLAYERS;
(3) PERMIT A PARTICIPANT TO ENTER A FANTASY CONTEST
PRIOR TO ESTABLISHING A FANTASY CONTEST ACCOUNT;
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(4) ESTABLISH A FANTASY CONTEST ACCOUNT FOR A PERSON WHO
IS NOT AN INDIVIDUAL;
(5) ALTER RULES ESTABLISHED FOR A FANTASY CONTEST AFTER
A PARTICIPANT HAS ENTERED THE FANTASY CONTEST;
(6) ISSUE CREDIT TO A PARTICIPANT TO ESTABLISH OR FUND A
FANTASY CONTEST ACCOUNT ;
(7) KNOWINGLY DIRECTLY MARKET TO A PARTICIPANT DURING
THE TIME PERIOD IN WHICH THE PARTICIPANT HAS SELF-EXCLUDED
FROM THE LICENSED OPERATORS' FANTASY CONTESTS;
(8) KNOWINGLY PERMIT A PARTICIPANT TO ENTER THE LICENSED
OPERATOR'S FANTASY CONTESTS DURING THE TIME PERIOD IN WHICH
THE PARTICIPANT HAS SELF-EXCLUDED FROM THE LICENSED
OPERATORS' FANTASY CONTESTS;
(9) KNOWINGLY ACCEPT A DEPOSIT IN EXCESS OF A LIMIT
ESTABLISHED BY A PARTICIPANT FOR THE SPECIFIC TIME PERIOD
ESTABLISHED BY THE PARTICIPANT;
(10) SHARE CONFIDENTIAL INFORMATION THAT COULD AFFECT
FANTASY CONTEST PLAY WITH THIRD PARTIES UNTIL THE INFORMATION
IS MADE PUBLICLY AVAILABLE;
(11) KNOWINGLY PERMIT AN EMPLOYEE OR RELATIVE LIVING IN
THE SAME HOUSEHOLD OF AN EMPLOYEE TO BECOME A PARTICIPANT IN
A FANTASY CONTEST OFFERED BY ANY LICENSED OPERATOR IN WHICH A
LICENSED OPERATOR OFFERS A PRIZE OR AWARD;
(12) OFFER A FANTASY CONTEST WHERE:
(I) THE VALUE OF ALL PRIZES OR AWARDS OFFERED TO
WINNING PARTICIPANTS IS NOT ESTABLISHED AND MADE KNOWN TO
PARTICIPANTS IN ADVANCE OF THE FANTASY CONTEST;
(II) WINNING OUTCOMES DO NOT REFLECT THE RELATIVE
KNOWLEDGE AND SKILL OF PARTICIPANTS;
(III) THE WINNING OUTCOME IS BASED ON THE SCORE,
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POINT SPREAD OR PERFORMANCE OF A SINGLE ACTUAL TEAM OR
COMBINATION OF TEAMS OR SOLELY ON A SINGLE PERFORMANCE OF
AN INDIVIDUAL ATHLETE OR PLAYER IN A SINGLE ACTUAL EVENT;
OR
(IV) THE WINNING OUTCOME IS NOT BASED ON STATISTICAL
RESULTS ACCUMULATED FROM FULLY COMPLETED ATHLETIC SPORTS
CONTESTS OR EVENTS, EXCEPT THAT PARTICIPANTS MAY BE
CREDITED FOR STATISTICAL RESULTS ACCUMULATED IN A
SUSPENDED OR SHORTENED SPORTS EVENT WHICH HAS BEEN
PARTIALLY COMPLETED ON ACCOUNT OF WEATHER OR OTHER
NATURAL OR UNFORESEEN EVENT;
(13) EXCEPT AS PERMITTED UNDER SECTION 342 (RELATING TO
LICENSED GAMING ENTITIES), OFFER OR MAKE AVAILABLE IN THIS
COMMONWEALTH A FANTASY CONTEST TERMINAL;
(14) FAIL TO REMIT TAXES OR ASSESSMENTS TO THE
DEPARTMENT IN ACCORDANCE WITH SECTIONS 331 (RELATING TO
FANTASY CONTEST TAX), 332 (RELATING TO LICENSED OPERATOR
DEPOSITS) AND 333 (RELATING TO RESPONSIBILITY AND AUTHORITY
OF DEPARTMENT);
(15) KNOWINGLY ALLOW A PARTICIPANT TO USE A SCRIPT
DURING A FANTASY CONTEST; AND
(16) PERFORM ANY OTHER ACTION PROHIBITED BY THE BOARD.
§ 327. CHANGE IN OWNERSHIP OR CONTROL OF LICENSED OPERATORS.
(A) NOTIFICATION AND APPROVAL.--
(1) A LICENSED OPERATOR SHALL NOTIFY THE BOARD UPON
BECOMING AWARE OF ANY PROPOSED CHANGE OF OWNERSHIP OF THE
LICENSED OPERATOR BY A PERSON OR GROUP OF PERSONS ACTING IN
CONCERT WHICH INVOLVES ANY OF THE FOLLOWING:
(I) MORE THAN 15% OF A LICENSED OPERATOR'S
SECURITIES OR OTHER OWNERSHIP INTERESTS.
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(II) THE SALE OTHER THAN IN THE ORDINARY COURSE OF
BUSINESS OF A LICENSED OPERATOR'S ASSETS.
(III) ANY OTHER TRANSACTION OR OCCURRENCE DEEMED BY
THE BOARD TO BE RELEVANT TO FANTASY CONTEST LICENSE
QUALIFICATIONS.
(2) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (1), A
LICENSED OPERATOR SHALL NOT BE REQUIRED TO NOTIFY THE BOARD
OF ANY ACQUISITION BY AN INSTITUTIONAL INVESTOR UNDER
PARAGRAPH (1)(I) OR (II) IF THE INSTITUTIONAL INVESTOR HOLDS
LESS THAN 10% OF THE SECURITIES OR OTHER OWNERSHIP INTERESTS
REFERRED TO IN PARAGRAPH (1)(I) OR (II), THE SECURITIES OR
INTERESTS ARE PUBLICLY TRADED SECURITIES AND ITS HOLDINGS OF
SUCH SECURITIES WERE PURCHASED FOR INVESTMENT PURPOSES ONLY
AND THE INSTITUTIONAL INVESTOR FILES WITH THE BOARD A
CERTIFIED STATEMENT TO THE EFFECT THAT THE INSTITUTIONAL
INVESTOR HAS NO INTENTION OF INFLUENCING OR AFFECTING,
DIRECTLY OR INDIRECTLY, THE AFFAIRS OF THE LICENSED OPERATOR,
PROVIDED, HOWEVER, THAT THE INSTITUTIONAL INVESTOR MAY VOTE
ON MATTERS PUT TO THE VOTE OF THE OUTSTANDING SECURITY
HOLDERS. NOTICE TO THE BOARD SHALL BE REQUIRED PRIOR TO
COMPLETION OF ANY PROPOSED OR CONTEMPLATED CHANGE OF
OWNERSHIP OF A LICENSED OPERATOR THAT MEETS THE CRITERIA OF
THIS SECTION.
(B) QUALIFICATION OF PURCHASER AND CHANGE OF CONTROL.--
(1) A PURCHASER OF THE ASSETS, OTHER THAN IN THE
ORDINARY COURSE OF BUSINESS, OF A LICENSED OPERATOR SHALL
INDEPENDENTLY QUALIFY FOR A FANTASY CONTEST LICENSE IN
ACCORDANCE WITH THIS CHAPTER AND SHALL PAY THE APPLICATION
FEE AND LICENSE FEE AS REQUIRED BY SECTIONS 322 (RELATING TO
APPLICATION) AND 323 (RELATING TO ISSUANCE AND DENIAL OF
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LICENSE) , EXCEPT THAT IF THE PURCHASER OF ASSETS IS ANOTHER
LICENSED OPERATOR, THE PURCHASER OF ASSETS SHALL NOT BE
REQUIRED TO REQUALIFY FOR A FANTASY CONTEST LICENSE OR PAY
ANOTHER APPLICATION FEE AND LICENSE FEE.
(2) A CHANGE IN CONTROL OF ANY LICENSED OPERATOR SHALL
REQUIRE THAT THE LICENSED OPERATOR INDEPENDENTLY QUALIFY FOR
A FANTASY CONTEST LICENSE IN ACCORDANCE WITH THIS CHAPTER,
AND THE LICENSED OPERATOR SHALL PAY A NEW APPLICATION AND
LICENSE FEE AS REQUIRED BY SECTIONS 322 AND 323 , EXCEPT THAT
IF THE NEW CONTROLLER IS ANOTHER LICENSED OPERATOR, THE NEW
CONTROLLER SHALL NOT BE REQUIRED TO REQUALIFY FOR A FANTASY
CONTEST LICENSE OR PAY ANOTHER APPLICATION FEE AND LICENSE
FEE.
(C) CHANGE IN CONTROL DEFINED.--FOR PURPOSES OF THIS
SECTION, A CHANGE IN CONTROL OF A LICENSED OPERATOR SHALL MEAN
THE ACQUISITION BY A PERSON OR GROUP OF PERSONS ACTING IN
CONCERT OF MORE THAN 20% OF A LICENSED OPERATOR'S SECURITIES OR
OTHER OWNERSHIP INTERESTS, WITH THE EXCEPTION OF ANY OWNERSHIP
INTEREST OF THE PERSON THAT EXISTED AT THE TIME OF INITIAL
LICENSING AND PAYMENT OF THE INITIAL FANTASY CONTEST LICENSE
FEE, OR MORE THAN 20% OF THE SECURITIES OR OTHER OWNERSHIP
INTERESTS OF A CORPORATION OR OTHER FORM OF BUSINESS ENTITY THAT
OWNS DIRECTLY OR INDIRECTLY AT LEAST 20% OF THE VOTING OR OTHER
SECURITIES OR OTHER OWNERSHIP INTERESTS OF THE LICENSED
OPERATOR.
(D) LICENSE REVOCATION.--FAILURE TO COMPLY WITH THIS SECTION
MAY CAUSE THE FANTASY CONTEST LICENSE ISSUED UNDER THIS CHAPTER
TO BE REVOKED OR SUSPENDED BY THE BOARD UNLESS THE PURCHASE OF
THE ASSETS OR THE CHANGE IN CONTROL THAT MEETS THE CRITERIA OF
THIS SECTION HAS BEEN INDEPENDENTLY QUALIFIED IN ADVANCE BY THE
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BOARD AND ANY REQUIRED APPLICATION OR LICENSE FEE HAS BEEN PAID.
§ 328. PENALTIES.
(A) SUSPENSION OR REVOCATION OF LICENSE.--
(1) AFTER A PUBLIC HEARING WITH AT LEAST 15 DAYS'
NOTICE, THE BOARD MAY SUSPEND OR REVOKE A LICENSED OPERATOR'S
FANTASY CONTEST LICENSE IN ANY CASE WHERE A VIOLATION OF THIS
CHAPTER HAS BEEN SHOWN BY A PREPONDERANCE OF THE EVIDENCE.
(2) THE BOARD MAY REVOKE A FANTASY CONTEST LICENSE IF
THE BOARD FINDS THAT FACTS NOT KNOWN BY THE BOARD AT THE TIME
THE BOARD CONSIDERED THE APPLICATION INDICATE THAT SUCH
LICENSE SHOULD NOT HAVE BEEN ISSUED.
(B) ADMINISTRATIVE PENALTIES.--
(1) IN ADDITION TO SUSPENSION OR REVOCATION OF A FANTASY
CONTEST LICENSE, THE BOARD MAY IMPOSE ADMINISTRATIVE
PENALTIES ON A LICENSED OPERATOR FOR VIOLATIONS OF THIS
CHAPTER NOT TO EXCEED $5,000 FOR EACH VIOLATION.
(2) A VIOLATION OF THIS CHAPTER THAT IS DETERMINED TO BE
AN OFFENSE OF A CONTINUING NATURE SHALL BE DEEMED TO BE A
SEPARATE OFFENSE ON EACH EVENT OR DAY DURING WHICH THE
VIOLATION OCCURS , EXCEPT THAT THE TOTAL ADMINISTRATIVE
PENALTY FOR AN OFFENSE OF A CONTINUING NATURE MAY NOT EXCEED
$25,000 .
(3) THE LICENSED OPERATOR SHALL HAVE THE RIGHT TO APPEAL
ADMINISTRATIVE PENALTIES IN ACCORDANCE WITH 2 PA.C.S. CHS. 5
SUBCH. A (RELATING TO PRACTICE AND PROCEDURE OF COMMONWEALTH
AGENCIES) AND 7 SUBCH. A (RELATING TO JUDICIAL REVIEW OF
COMMONWEALTH AGENCY ACTION).
(4) PENALTIES IMPOSED UNDER THIS SUBSECTION SHALL BE
DEPOSITED INTO THE GENERAL FUND.
(C) CIVIL PENALTIES.--
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(1) IN ADDITION TO THE PROVISIONS OF THIS SECTION, A
PERSON WHO KNOWINGLY VIOLATES A PROVISION OF THIS CHAPTER
SHALL BE LIABLE FOR A CIVIL PENALTY OF NOT MORE THAN $1,000
FOR EACH SUCH VIOLATION.
(2) THE CIVIL PENALTY SHALL BE RECOVERED IN A CIVIL
ACTION BROUGHT BY THE BOARD AND SHALL BE PAID INTO THE
GENERAL FUND.
SUBCHAPTER D
FISCAL PROVISIONS
SEC.
331. FANTASY CONTEST TAX.
332. LICENSED OPERATOR DEPOSITS.
333. RESPONSIBILITY AND AUTHORITY OF DEPARTMENT.
§ 331. FANTASY CONTEST TAX.
(A) IMPOSITION.--EACH LICENSED OPERATOR SHALL REPORT TO THE
DEPARTMENT AND PAY FROM ITS QUARTERLY FANTASY CONTEST ADJUSTED
REVENUES, ON A FORM AND IN THE MANNER PRESCRIBED BY THE
DEPARTMENT, A TAX OF 5% OF ITS QUARTERLY FANTASY CONTEST
ADJUSTED REVENUES.
(B) DEPOSITS AND DISTRIBUTIONS.--
(1) THE TAX IMPOSED UNDER SUBSECTION (A) SHALL BE
PAYABLE TO THE DEPARTMENT ON A QUARTERLY BASIS AND SHALL BE
BASED UPON QUARTERLY FANTASY CONTEST ADJUSTED REVENUE DERIVED
DURING THE PREVIOUS QUARTER.
(2) ALL FUNDS OWED TO THE COMMONWEALTH UNDER THIS
SECTION SHALL BE HELD IN TRUST FOR THE COMMONWEALTH BY THE
LICENSED OPERATOR UNTIL THE FUNDS ARE PAID TO THE DEPARTMENT.
(3) THE TAX IMPOSED UNDER SUBSECTION (A) SHALL BE
DEPOSITED INTO THE GENERAL FUND.
(C) PENALTY.--
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(1) A LICENSED OPERATOR WHO FAILS TO TIMELY REMIT TO THE
DEPARTMENT AMOUNTS REQUIRED UNDER THIS SECTION SHALL BE
LIABLE, IN ADDITION TO ANY LIABILITY IMPOSED ELSEWHERE IN
THIS CHAPTER, TO A PENALTY OF 5% PER MONTH UP TO A MAXIMUM OF
25% OF THE AMOUNTS ULTIMATELY FOUND TO BE DUE, TO BE
RECOVERED BY THE DEPARTMENT.
(2) PENALTIES IMPOSED UNDER THIS SUBSECTION SHALL BE
DEPOSITED IN THE GENERAL FUND.
§ 332. LICENSED OPERATOR DEPOSITS.
(A) ACCOUNTS ESTABLISHED.--THE STATE TREASURER SHALL
ESTABLISH WITHIN THE STATE TREASURY AN ACCOUNT FOR EACH LICENSED
OPERATOR FOR THE DEPOSIT OF SUMS REQUIRED UNDER SUBSECTION (B)
TO:
(1) RECOVER COSTS OR EXPENSES INCURRED BY THE BOARD AND
THE DEPARTMENT IN CARRYING OUT THEIR POWERS AND DUTIES UNDER
THIS CHAPTER BASED UPON A BUDGET SUBMITTED BY THE BOARD AND
THE DEPARTMENT UNDER SUBSECTION (C); AND
(2) REPAY ANY LOANS MADE BY THE GENERAL FUND TO THE
BOARD OR THE DEPARTMENT IN CONNECTION WITH CARRYING OUT ITS
POWERS AND DUTIES UNDER THIS CHAPTER.
(B) DEPOSITS.--
(1) THE DEPARTMENT SHALL DETERMINE THE APPROPRIATE
ASSESSMENT AMOUNT FOR EACH LICENSED OPERATOR, WHICH SHALL BE
A PERCENTAGE ASSESSED ON THE LICENSED OPERATOR'S FANTASY
CONTEST ADJUSTED REVENUES. EACH LICENSED OPERATOR SHALL
DEPOSIT FUNDS INTO ITS ACCOUNT ON A QUARTERLY BASIS.
(2) THE PERCENTAGE ASSESSED SHALL NOT EXCEED AN AMOUNT
NECESSARY TO:
(I) RECOVER COSTS OR EXPENSES INCURRED BY THE BOARD
AND THE DEPARTMENT IN CARRYING OUT THEIR POWERS AND
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DUTIES UNDER THIS CHAPTER BASED ON A BUDGET SUBMITTED BY
THE BOARD AND THE DEPARTMENT UNDER SUBSECTION (C); AND
(II) REPAY ANY LOANS MADE FROM THE GENERAL FUND TO
THE BOARD IN CONNECTION WITH CARRYING OUT ITS POWERS AND
DUTIES UNDER THIS CHAPTER.
(C) ITEMIZED BUDGET REPORTING.--
(1) THE BOARD AND THE DEPARTMENT SHALL PREPARE AND
ANNUALLY SUBMIT TO THE CHAIRMAN OF THE APPROPRIATIONS
COMMITTEE OF THE SENATE AND THE CHAIRMAN OF THE
APPROPRIATIONS COMMITTEE OF THE HOUSE OF REPRESENTATIVES AN
ITEMIZED BUDGET CONSISTING OF AMOUNTS TO BE APPROPRIATED OUT
OF THE ACCOUNTS ESTABLISHED UNDER THIS SECTION NECESSARY TO
ADMINISTER THIS CHAPTER.
(2) AS SOON AS PRACTICABLE AFTER SUBMITTING COPIES OF
THE ITEMIZED BUDGET, THE BOARD AND THE DEPARTMENT SHALL
JOINTLY PREPARE AND SUBMIT TO THE CHAIRMEN OF THE COMMITTEES
ANALYSES OF AND MAKE RECOMMENDATIONS REGARDING THE ITEMIZED
BUDGET.
(D) APPROPRIATION.--COSTS AND EXPENSES FROM ACCOUNTS
ESTABLISHED UNDER SUBSECTION (A) SHALL ONLY BE DISBURSED UPON
APPROPRIATION BY THE GENERAL ASSEMBLY.
(E) PENALTY.--
(1) A LICENSED OPERATOR WHO FAILS TO TIMELY REMIT TO THE
DEPARTMENT AMOUNTS REQUIRED UNDER THIS SECTION SHALL BE
LIABLE, IN ADDITION TO ANY LIABILITY IMPOSED ELSEWHERE IN
THIS CHAPTER, TO A PENALTY OF 5% PER MONTH UP TO A MAXIMUM OF
25% OF THE AMOUNTS ULTIMATELY FOUND TO BE DUE, TO BE
RECOVERED BY THE DEPARTMENT.
(2) PENALTIES IMPOSED UNDER THIS SUBSECTION SHALL BE
DEPOSITED INTO THE GENERAL FUND.
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§ 333. RESPONSIBILITY AND AUTHORITY OF DEPARTMENT.
(A) GENERAL RULE.--THE DEPARTMENT MAY ADMINISTER AND COLLECT
TAXES IMPOSED UNDER SECTION 331 (RELATING TO FANTASY CONTEST
TAX) AND INTEREST IMPOSED UNDER SECTION 806 OF THE ACT OF APRIL
9, 1929 (P.L.343, NO.176), KNOWN AS THE FISCAL CODE, AND
PROMULGATE AND ENFORCE RULES AND REGULATIONS TO CARRY OUT ITS
PRESCRIBED DUTIES IN ACCORDANCE WITH SECTIONS 331 AND 332
(RELATING TO LICENSED OPERATOR DEPOSITS), INCLUDING THE
COLLECTION OF TAXES, PENALTIES, ASSESSMENTS AND INTEREST.
(B) PROCEDURE.--FOR PURPOSES OF IMPLEMENTING SECTIONS 331
AND 332, THE DEPARTMENT MAY PROMULGATE REGULATIONS IN THE SAME
MANNER IN WHICH THE BOARD IS AUTHORIZED AS PROVIDED IN SECTION
312 (RELATING TO TEMPORARY REGULATIONS).
SUPBCHAPTER E
MISCELLANEOUS PROVISIONS
SEC.
341. APPLICABILITY OF OTHER STATUTES.
342. LICENSED GAMING ENTITIES.
343. FUNDING.
§ 341. APPLICABILITY OF OTHER STATUTES.
(A) UNLAWFUL GAMBLING.--THE PROVISIONS OF 18 PA.C.S. § 5513
(RELATING TO GAMBLING DEVICES, GAMBLING, ETC.) SHALL NOT APPLY
TO A FANTASY CONTEST CONDUCTED IN ACCORDANCE WITH THIS CHAPTER.
(B) POOL SELLING AND BOOKMAKING.--THE PROVISIONS OF 18
PA.C.S. § 5514 (RELATING TO POOL SELLING AND BOOKMAKING) SHALL
NOT APPLY TO A FANTASY CONTEST CONDUCTED IN ACCORDANCE WITH THIS
CHAPTER.
(C) LOTTERIES.--THE PROVISIONS OF 18 PA.C.S. § 5512
(RELATING TO LOTTERIES, ETC.) SHALL NOT APPLY TO A FANTASY
CONTEST CONDUCTED IN ACCORDANCE WITH THIS CHAPTER.
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(D) STATE LOTTERY LAW.--THIS CHAPTER SHALL NOT APPLY TO A
FANTASY CONTEST OR SIMILAR PRODUCT AUTHORIZED UNDER THE ACT OF
AUGUST 26, 1971 (P.L.351, NO.91), KNOWN AS THE STATE LOTTERY
LAW, AND AUTHORIZED SOLELY BY THE DEPARTMENT AND THE DIVISION OF
THE STATE LOTTERY.
§ 342. LICENSED GAMING ENTITIES.
(A) SCOPE.--THIS SECTION SHALL APPLY TO A LICENSED GAMING
ENTITY THAT HOLDS A FANTASY CONTEST LICENSE.
(B) APPLICABILITY.--
(1) NOTHING IN THIS CHAPTER SHALL BE CONSTRUED TO LIMIT
THE BOARD'S GENERAL AND SOLE REGULATORY AUTHORITY OVER THE
CONDUCT OF GAMING OR RELATED ACTIVITIES UNDER PART II
(RELATING TO GAMING), INCLUDING, BUT NOT LIMITED TO, THE
CERTIFICATION, REGISTRATION AND REGULATION OF GAMING SERVICE
PROVIDERS AND INDIVIDUALS AND ENTITIES ASSOCIATED WITH THEM.
(2) A FANTASY CONTEST TERMINAL SHALL NOT BE CONSIDERED A
"SLOT MACHINE" OR "TABLE GAME" UNDER SECTION 1103 (RELATING
TO DEFINITIONS).
(C) FANTASY CONTEST TERMINALS.--
(1) UPON APPROVAL OF A FANTASY CONTEST LICENSE
APPLICATION, A LICENSED GAMING ENTITY MAY PLACE AND OPERATE
FANTASY CONTEST TERMINALS WITHIN THE LICENSED GAMING ENTITY'S
LICENSED FACILITY.
(2) AT ITS DISCRETION, THE BOARD MAY APPROVE THE
PLACEMENT AND OPERATION OF FANTASY CONTEST TERMINALS AT A
LOCATION WITHIN THE LICENSED FACILITY, PROVIDED THAT FANTASY
CONTEST TERMINALS SHALL NOT BE PLACED ON THE GAMING FLOOR.
(D) RESTRICTED CONTESTS.--A LICENSED GAMING ENTITY MAY OFFER
FANTASY CONTESTS THAT ARE EXCLUSIVE TO PARTICIPANTS WHO ARE AT
LEAST 21 YEARS OF AGE.
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(E) PROMOTIONAL PLAY.--FOR A RESTRICTED CONTEST UNDER
SUBSECTION (D), A LICENSED GAMING ENTITY MAY OFFER SLOT MACHINE
OR TABLE GAME PROMOTIONAL PLAY TO A PARTICIPANT WHO IS AT LEAST
21 YEARS OF AGE AS A PRIZE OR AWARD OR FOR PARTICIPATING IN A
FANTASY CONTEST CONDUCTED BY THE LICENSED GAMING ENTITY.
(F) GAMING SERVICE PROVIDERS.--A LICENSED OPERATOR WHO IS
NOT A LICENSED GAMING ENTITY MAY, AT THE DISCRETION OF THE
BOARD, BE CERTIFICATED OR REGISTERED AS A GAMING SERVICE
PROVIDER UNDER SECTION 1317.2 (RELATING TO GAMING SERVICE
PROVIDER) IN ORDER TO OPERATE FANTASY CONTESTS SUBJECT TO THE
RESTRICTIONS OF SUBSECTION (D) ON BEHALF OF A LICENSED GAMING
ENTITY.
§ 343. FUNDING.
(A) APPROPRIATION.--THE FOLLOWING AMOUNTS ARE APPROPRIATED:
(1) THE SUM OF $1,250,000 IS APPROPRIATED TO THE BOARD
FOR THE FISCAL YEAR PERIOD JULY 1, 2016, TO JUNE 30, 2017,
FOR THE PURPOSE OF IMPLEMENTING AND ADMINISTERING THE
PROVISIONS OF THIS CHAPTER.
(2) THE SUM OF $500,000 IS APPROPRIATED TO THE
DEPARTMENT FOR THE FISCAL PERIOD JULY 1, 2016, TO JUNE 30,
2017, FOR THE PURPOSE OF IMPLEMENTING AND ADMINISTERING THE
PROVISIONS OF THIS CHAPTER.
(B) REPAYMENT.--THE APPROPRIATIONS IN THIS SECTION SHALL BE
CONSIDERED LOANS FROM THE GENERAL FUND AND SHALL BE REPAID TO
THE GENERAL FUND QUARTERLY THROUGH ASSESSMENTS ON LICENSED
OPERATORS AUTHORIZED UNDER SECTION 332 (RELATING TO LICENSED
OPERATOR DEPOSITS) BY THE DEPARTMENT. THE TOTAL AMOUNTS
APPROPRIATED TO THE BOARD AND DEPARTMENT UNDER THIS SECTION
SHALL BE REPAID TO THE GENERAL FUND NO LATER THAN 10 YEARS FROM
THE DATE THE BOARD ISSUES THE FIRST FANTASY CONTEST LICENSE.
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(C) UNUSED AMOUNTS.--ON JULY 1, 2017, ANY PORTION OF AMOUNTS
APPROPRIATED UNDER SUBSECTION (A) THAT IS UNEXPENDED,
UNENCUMBERED OR UNCOMMITTED AS OF JUNE 30 OF THE PRIOR FISCAL
YEAR SHALL AUTOMATICALLY BE TRANSFERRED TO THE GENERAL FUND.
SECTION 2. SECTION 1102 OF TITLE 4 IS AMENDED BY ADDING
PARAGRAPHS TO READ:
§ 1102. LEGISLATIVE INTENT.
THE GENERAL ASSEMBLY RECOGNIZES THE FOLLOWING PUBLIC POLICY
PURPOSES AND DECLARES THAT THE FOLLOWING OBJECTIVES OF THE
COMMONWEALTH ARE TO BE SERVED BY THIS PART:
* * *
(12.1) THE CONTINUED GROWTH AND SUCCESS OF THE
COMMERCIAL GAMING INDUSTRY IN THIS COMMONWEALTH IS DEPENDENT
UPON A REGULATORY ENVIRONMENT WHICH PROMOTES AND FOSTERS
TECHNOLOGICAL ADVANCES AND ENCOURAGES THE DEVELOPMENT AND
DELIVERY OF INNOVATIVE GAMING PRODUCTS.
(12.2) IT IS ALSO THE INTENT OF THE GENERAL ASSEMBLY TO
ENSURE THE SUSTAINABILITY AND COMPETITIVENESS OF THE
COMMERCIAL GAMING INDUSTRY IN THIS COMMONWEALTH BY
AUTHORIZING INTERACTIVE GAMING, THE OPERATION OF MULTISTATE
WIDE-AREA PROGRESSIVE SLOT MACHINES, SKILL AND HYBRID SLOT
MACHINES AND CASINO SIMULCASTING AND THE OPERATION OF SLOT
MACHINES AT NONPRIMARY LOCATIONS.
* * *
SECTION 3. THE DEFINITIONS OF "ASSOCIATED EQUIPMENT," "CASH
EQUIVALENT," "CHEAT," "CHEATING OR THIEVING DEVICE,"
"COMMISSION" OR "COMMISSIONS," "CONDUCT OF GAMING," "CONTEST,"
"COUNTERFEIT CHIP," "FULLY AUTOMATED ELECTRONIC GAMING TABLE,"
"GAMING EMPLOYEE," "GAMING SCHOOL," "GAMING SERVICE PROVIDER,"
"KEY EMPLOYEE," "LICENSED FACILITY," "MANUFACTURER,"
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"MANUFACTURER LICENSE," "PLAYER," "PROGRESSIVE PAYOUT,"
"PROGRESSIVE SYSTEM," "SLOT MACHINE," "SUPPLIER," "SUPPLIER
LICENSE" AND "TABLE GAME DEVICE" IN SECTION 1103 OF TITLE 4 ARE
AMENDED AND THE SECTION IS AMENDED BY ADDING DEFINITIONS TO
READ:
§ 1103. DEFINITIONS.
THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS PART SHALL
HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
CONTEXT CLEARLY INDICATES OTHERWISE:
* * *
"AIRPORT AUTHORITY." THE GOVERNING BODY OF A MUNICIPAL
AUTHORITY ORGANIZED AND INCORPORATED TO OVERSEE THE OPERATIONS
OF A QUALIFIED AIRPORT UNDER 53 PA.C.S. CH. 56 (RELATING TO
MUNICIPAL AUTHORITIES) OR THE GOVERNING BODY OF A CITY OF THE
FIRST CLASS, WHICH REGULATES THE USE AND CONTROL OF A QUALIFIED
AIRPORT.
"AIRPORT GAMING AREA." A LOCATION OR LOCATIONS WITHIN A
QUALIFIED AIRPORT APPROVED FOR THE CONDUCT OF AUTHORIZED
INTERACTIVE GAMES THROUGH THE USE OF MULTI-USE COMPUTING DEVICES
BY ELIGIBLE PASSENGERS AS APPROVED BY THE AIRPORT AUTHORITY OR
IN THE CASE OF A QUALIFIED AIRPORT LOCATED IN A CITY OF THE
FIRST CLASS, AS APPROVED BY THE GOVERNING BODY OF THE CITY OF
THE FIRST CLASS, AND THE PENNSYLVANIA GAMING CONTROL BOARD.
* * *
"ASSOCIATED EQUIPMENT." ANY EQUIPMENT OR MECHANICAL,
ELECTROMECHANICAL OR ELECTRONIC CONTRIVANCE, COMPONENT OR
MACHINE USED IN CONNECTION WITH SLOT MACHINES OR TABLE GAMES,
INCLUDING LINKING DEVICES WHICH CONNECT TO PROGRESSIVE SLOT
MACHINES AND MULTISTATE WIDE-AREA PROGRESSIVE SLOT MACHINES OR
SLOT [MACHINES, REPLACEMENT] MACHINE REPLACEMENT PARTS,
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EQUIPMENT WHICH AFFECTS THE PROPER REPORTING AND COUNTING OF
GROSS TERMINAL REVENUE [AND], GROSS TABLE GAME REVENUE AND GROSS
INTERACTIVE GAMING REVENUE, COMPUTERIZED SYSTEMS FOR CONTROLLING
AND MONITORING SLOT MACHINES [OR], TABLE GAMES OR INTERACTIVE
GAMES, INCLUDING, BUT NOT LIMITED TO, THE CENTRAL CONTROL
COMPUTER TO WHICH ALL SLOT MACHINES COMMUNICATE [AND], DEVICES
FOR WEIGHING OR COUNTING MONEY[.] AND INTERACTIVE GAMING DEVICES
AND ASSOCIATED EQUIPMENT NECESSARY FOR THE OPERATION OF
INTERACTIVE GAMES AS APPROVED BY THE PENNSYLVANIA GAMING CONTROL
BOARD. THE TERM SHALL NOT INCLUDE COUNT ROOM EQUIPMENT.
* * *
"AUTHORIZED INTERACTIVE GAME." AN INTERACTIVE GAME APPROVED
BY REGULATION OF THE PENNSYLVANIA GAMING CONTROL BOARD TO BE
SUITABLE FOR INTERACTIVE GAMING OFFERED BY AN INTERACTIVE GAMING
CERTIFICATE HOLDER OR OTHER PERSONS ON BEHALF OF A SLOT MACHINE
LICENSEE IN ACCORDANCE WITH CHAPTER 13B (RELATING TO INTERACTIVE
GAMING). THE TERM SHALL INCLUDE ANY INTERACTIVE GAME APPROVED BY
REGULATION OF THE PENNSYLVANIA CONTROL BOARD TO BE SUITABLE FOR
INTERACTIVE GAMING THROUGH THE USE OF A MULTI-USE COMPUTING
DEVICE.
* * *
"CASH EQUIVALENT." AN ASSET THAT IS READILY CONVERTIBLE TO
CASH, INCLUDING, BUT NOT LIMITED TO, ANY OF THE FOLLOWING:
(1) CHIPS OR TOKENS.
(2) TRAVELERS CHECKS.
(3) FOREIGN CURRENCY AND COIN.
(4) CERTIFIED CHECKS, CASHIER'S CHECKS AND MONEY ORDERS.
(5) PERSONAL CHECKS OR DRAFTS.
(6) A NEGOTIABLE INSTRUMENT APPLIED AGAINST CREDIT
EXTENDED BY A CERTIFICATE HOLDER, AN INTERACTIVE GAMING
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CERTIFICATE HOLDER, A HOLDER OF AN INTERACTIVE GAMING LICENSE
OR A FINANCIAL INSTITUTION.
(7) ANY OTHER INSTRUMENT OR REPRESENTATION OF VALUE THAT
THE PENNSYLVANIA GAMING CONTROL BOARD DEEMS A CASH
EQUIVALENT.
"CASINO SIMULCASTING." THE SIMULTANEOUS TRANSMISSION OF LIVE
THOROUGHBRED OR HARNESS HORSE RACE MEETINGS FROM AN IN-STATE
SENDING RACETRACK, OUT-OF-STATE SENDING RACETRACK OR A SATELLITE
FACILITY, REGARDLESS OF LICENSURE STATUS OR WHETHER THE HORSE
RACE MEETINGS ORIGINATE WITHIN THIS COMMONWEALTH OR ANY OTHER
STATE OR JURISDICTION, TO A SIMULCASTING FACILITY IN THIS
COMMONWEALTH BY SATELLITE DEVICES, TELEVISION CABLES, TELEPHONE
LINES OR ANY OTHER TELECOMMUNICATIONS TECHNOLOGY FOR THE
PURPOSES OF CONDUCTING PARI-MUTUEL WAGERING.
"CASINO SIMULCASTING PERMIT" OR "SIMULCASTING PERMIT." A
PERMIT AWARDED BY THE BOARD UNDER SECTION 13F12 (RELATING TO
CASINO SIMULCASTING PERMIT) WHICH AUTHORIZES A LICENSED GAMING
ENTITY TO CONDUCT CASINO SIMULCASTING.
"CASINO SIMULCASTING PERMIT HOLDER." A LICENSED GAMING
ENTITY THAT HOLDS A CASINO SIMULCASTING PERMIT ISSUED BY THE
BOARD IN ACCORDANCE WITH SECTION 13F12 (RELATING TO CASINO
SIMULCASTING PERMIT).
* * *
"CHEAT." TO DEFRAUD OR STEAL FROM ANY PLAYER, SLOT MACHINE
LICENSEE OR THE COMMONWEALTH WHILE OPERATING OR PLAYING A SLOT
MACHINE [OR], TABLE GAME[,] OR AUTHORIZED INTERACTIVE GAME,
INCLUDING CAUSING, AIDING, ABETTING OR CONSPIRING WITH ANOTHER
PERSON TO DO SO. THE TERM SHALL ALSO MEAN TO ALTER OR CAUSING,
AIDING, ABETTING OR CONSPIRING WITH ANOTHER PERSON TO ALTER THE
ELEMENTS OF CHANCE, METHOD OF SELECTION OR CRITERIA WHICH
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DETERMINE:
(1) THE RESULT OF A SLOT MACHINE GAME [OR], TABLE GAME
OR AUTHORIZED INTERACTIVE GAME.
(2) THE AMOUNT OR FREQUENCY OF PAYMENT IN A SLOT MACHINE
GAME [OR], TABLE GAME OR AUTHORIZED INTERACTIVE GAME.
(3) THE VALUE OF A WAGERING INSTRUMENT.
(4) THE VALUE OF A WAGERING CREDIT.
THE TERM DOES NOT INCLUDE ALTERING A SLOT MACHINE, TABLE GAME
DEVICE OR ASSOCIATED EQUIPMENT OR INTERACTIVE GAMING DEVICE OR
ASSOCIATED EQUIPMENT FOR MAINTENANCE OR REPAIR WITH THE APPROVAL
OF A SLOT MACHINE LICENSEE.
"CHEATING OR THIEVING DEVICE." A DEVICE, SOFTWARE OR
HARDWARE USED OR POSSESSED WITH THE INTENT TO BE USED TO CHEAT
DURING THE OPERATION OR PLAY OF ANY SLOT MACHINE [OR], TABLE
GAME OR AUTHORIZED INTERACTIVE GAME. THE TERM SHALL ALSO INCLUDE
ANY DEVICE USED TO ALTER A SLOT MACHINE [OR], A TABLE GAME
DEVICE OR ASSOCIATED EQUIPMENT, AN AUTHORIZED INTERACTIVE GAME
OR INTERACTIVE GAMING DEVICE OR ASSOCIATED EQUIPMENT WITHOUT THE
SLOT MACHINE LICENSEE'S APPROVAL.
* * *
["COMMISSION" OR "COMMISSIONS."] "COMMISSION." THE STATE
HORSE RACING COMMISSION [OR THE STATE HARNESS RACING COMMISSION,
OR BOTH AS THE CONTEXT MAY REQUIRE.] AS DEFINED IN SECTION 2801-
D OF THE ACT OF APRIL 9, 1929 (P.L.177, NO.175), KNOWN AS THE
ADMINISTRATIVE CODE OF 1929 .
* * *
"CONCESSION OPERATOR." A PERSON ENGAGED IN THE SALE OR
OFFERING FOR SALE OF CONSUMER GOODS OR SERVICES TO THE PUBLIC AT
A QUALIFIED AIRPORT, OR AUTHORIZED TO CONDUCT OTHER COMMERCIAL
ACTIVITIES RELATED TO PASSENGER SERVICES AT A QUALIFIED AIRPORT,
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IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF AN AGREEMENT OR
CONTRACT WITH AN AIRPORT AUTHORITY, GOVERNMENT ENTITY OR OTHER
PERSON.
"CONDUCT OF GAMING." THE LICENSED PLACEMENT, OPERATION AND
PLAY OF SLOT MACHINES [AND], TABLE GAMES AND INTERACTIVE GAMES
AND CASINO SIMULCASTING UNDER THIS PART, AS AUTHORIZED AND
APPROVED BY THE PENNSYLVANIA GAMING CONTROL BOARD. THE TERM
SHALL INCLUDE THE LICENSED PLACEMENT, OPERATION AND PLAY OF
AUTHORIZED INTERACTIVE GAMES THROUGH THE USE OF MULTI-USE
COMPUTING DEVICES AT A QUALIFIED AIRPORT, AS AUTHORIZED AND
APPROVED BY THE PENNSYLVANIA GAMING CONTROL BOARD.
"CONTEST." A SLOT MACHINE, TABLE GAME OR AUTHORIZED
INTERACTIVE GAME COMPETITION AMONG PLAYERS FOR CASH, CASH
EQUIVALENTS OR PRIZES.
* * *
"COUNTERFEIT CHIP." ANY OBJECT OR THING THAT IS:
(1) USED OR INTENDED TO BE USED TO PLAY A TABLE GAME AT
A CERTIFICATE HOLDER'S LICENSED FACILITY AND WHICH WAS NOT
ISSUED BY THAT CERTIFICATE HOLDER FOR SUCH USE; [OR]
(2) PRESENTED TO A CERTIFICATE HOLDER FOR REDEMPTION IF
THE OBJECT WAS NOT ISSUED BY THE CERTIFICATE HOLDER[.];
(3) USED OR INTENDED TO BE USED TO PLAY AN AUTHORIZED
INTERACTIVE GAME WHICH WAS NOT APPROVED BY THE INTERACTIVE
GAMING CERTIFICATE HOLDER FOR SUCH USE; OR
(4) PRESENTED DURING PLAY OF AN AUTHORIZED INTERACTIVE
GAME FOR REDEMPTION, IF THE OBJECT OR THING WAS NOT ISSUED BY
THE INTERACTIVE GAMING CERTIFICATE HOLDER OR OTHER PERSON ON
BEHALF OF AN INTERACTIVE GAMING CERTIFICATE HOLDER.
* * *
"ELIGIBLE PASSENGER" OR "PASSENGER." AN INDIVIDUAL 21 YEARS
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OF AGE OR OLDER WHO HAS CLEARED SECURITY CHECK POINTS WITH A
VALID AIRLINE BOARDING PASS FOR TRAVEL FROM ONE DESTINATION TO
ANOTHER BY AIRPLANE.
* * *
"FULLY AUTOMATED ELECTRONIC GAMING TABLE." AN ELECTRONIC
GAMING TABLE DETERMINED BY THE PENNSYLVANIA GAMING CONTROL BOARD
TO BE PLAYABLE OR OPERABLE AS A TABLE GAME WITHOUT THE
ASSISTANCE OR PARTICIPATION OF A PERSON ACTING ON BEHALF OF A
CERTIFICATE HOLDER. THE TERM SHALL INCLUDE A MULTI-USE COMPUTING
DEVICE, WHICH THROUGH THE USE OF DIGITAL, ELECTRONIC OR OTHER
COMMUNICATIONS TECHNOLOGY, IS CAPABLE OF SIMULATING A TABLE
GAME.
* * *
"GAMING EMPLOYEE." ANY EMPLOYEE OF A SLOT MACHINE LICENSEE,
INCLUDING, BUT NOT LIMITED TO:
(1) CASHIERS.
(2) CHANGE PERSONNEL.
(3) COUNT ROOM PERSONNEL.
(4) SLOT ATTENDANTS.
(5) HOSTS OR OTHER INDIVIDUALS AUTHORIZED TO EXTEND
COMPLIMENTARY SERVICES, INCLUDING EMPLOYEES PERFORMING
FUNCTIONS SIMILAR TO THOSE PERFORMED BY A GAMING JUNKET
REPRESENTATIVE.
(6) MACHINE MECHANICS, COMPUTER MACHINE TECHNICIANS OR
TABLE GAME DEVICE TECHNICIANS.
(7) SECURITY PERSONNEL.
(8) SURVEILLANCE PERSONNEL.
(9) PROMOTIONAL PLAY SUPERVISORS, CREDIT SUPERVISORS,
PIT SUPERVISORS, CASHIER SUPERVISORS, SHIFT SUPERVISORS,
TABLE GAME MANAGERS AND ASSISTANT MANAGERS AND OTHER
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SUPERVISORS AND MANAGERS, EXCEPT FOR THOSE SPECIFICALLY
IDENTIFIED IN THIS PART AS KEY EMPLOYEES.
(10) BOXMEN.
(11) DEALERS OR CROUPIERS.
(12) FLOORMEN.
(13) PERSONNEL AUTHORIZED TO ISSUE PROMOTIONAL PLAY.
(14) PERSONNEL AUTHORIZED TO ISSUE CREDIT.
THE TERM SHALL INCLUDE EMPLOYEES OF A PERSON HOLDING A
SUPPLIER'S LICENSE WHOSE DUTIES ARE DIRECTLY INVOLVED WITH THE
REPAIR OR DISTRIBUTION OF SLOT MACHINES, TABLE GAME DEVICES OR
ASSOCIATED EQUIPMENT OR INTERACTIVE GAMING DEVICES OR ASSOCIATED
EQUIPMENT OR CASINO SIMULCASTING TECHNOLOGY AND EQUIPMENT SOLD
OR PROVIDED TO A LICENSED FACILITY WITHIN THIS COMMONWEALTH AS
DETERMINED BY THE PENNSYLVANIA GAMING CONTROL BOARD. THE TERM
SHALL FURTHER INCLUDE EMPLOYEES OF A PERSON AUTHORIZED BY THE
BOARD TO SUPPLY GOODS AND SERVICES RELATED TO INTERACTIVE GAMING
AND CASINO SIMULCASTING OR ANY SUBCONTRACTOR OR AN EMPLOYEE OF A
SUBCONTRACTOR THAT SUPPLIES INTERACTIVE GAMING DEVICES,
INCLUDING MULTI-USE COMPUTING DEVICES, OR ASSOCIATED EQUIPMENT
TO A HOLDER OF AN INTERACTIVE GAMING CERTIFICATE OR INTERACTIVE
GAMING LICENSE OR THAT SUPPLIES CASINO SIMULCASTING TECHNOLOGY
OR EQUIPMENT. THE TERM DOES NOT INCLUDE BARTENDERS, COCKTAIL
SERVERS OR OTHER PERSONS ENGAGED SOLELY IN PREPARING OR SERVING
FOOD OR BEVERAGES, CLERICAL OR SECRETARIAL PERSONNEL, PARKING
ATTENDANTS, JANITORIAL, STAGE, SOUND AND LIGHT TECHNICIANS AND
OTHER NONGAMING PERSONNEL AS DETERMINED BY THE BOARD.
"GAMING FLOOR." ANY PORTION OF A LICENSED FACILITY WHERE
SLOT MACHINES OR TABLE GAMES HAVE BEEN INSTALLED FOR USE OR
PLAY.
* * *
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"GAMING-RELATED RESTRICTED AREA." ANY ROOM OR AREA OF A
LICENSED FACILITY AND WHICH IS SPECIFICALLY DESIGNATED BY THE
PENNSYLVANIA GAMING CONTROL BOARD AS RESTRICTED OR BY THE SLOT
MACHINE LICENSEE AS RESTRICTED IN ITS BOARD-APPROVED INTERNAL
CONTROLS.
* * *
"GAMING SCHOOL." ANY EDUCATIONAL INSTITUTION APPROVED BY THE
DEPARTMENT OF EDUCATION AS AN ACCREDITED COLLEGE OR UNIVERSITY,
COMMUNITY COLLEGE, PENNSYLVANIA PRIVATE LICENSED SCHOOL OR ITS
EQUIVALENT AND WHOSE CURRICULUM GUIDELINES ARE APPROVED BY THE
DEPARTMENT OF LABOR AND INDUSTRY TO PROVIDE EDUCATION AND JOB
TRAINING RELATED TO EMPLOYMENT OPPORTUNITIES ASSOCIATED WITH
SLOT MACHINES [OR], TABLE GAMES, CASINO SIMULCASTING OR
INTERACTIVE GAMES, INCLUDING SLOT MACHINE, TABLE GAME DEVICE AND
ASSOCIATED EQUIPMENT MAINTENANCE AND REPAIR AND INTERACTIVE
GAMING DEVICES AND ASSOCIATED EQUIPMENT MAINTENANCE AND REPAIR.
"GAMING SERVICE PROVIDER." A PERSON THAT IS NOT REQUIRED TO
BE LICENSED AS A MANUFACTURER, SUPPLIER, MANAGEMENT COMPANY OR
GAMING JUNKET ENTERPRISE UNDER THIS PART OR REGULATIONS OF THE
PENNSYLVANIA GAMING CONTROL BOARD AND:
(1) PROVIDES GOODS OR SERVICES, INCLUDING, BUT NOT
LIMITED TO, COUNT ROOM EQUIPMENT, TO A SLOT MACHINE LICENSEE
OR AN APPLICANT FOR A SLOT MACHINE LICENSE FOR USE IN THE
OPERATION OF A LICENSED FACILITY; [OR] AND
(2) PROVIDES GOODS OR SERVICES [AT] TO A SLOT MACHINE
LICENSEE OR AN APPLICANT FOR A SLOT MACHINE LICENSE THAT
REQUIRES ACCESS TO THE GAMING FLOOR OR A GAMING-RELATED
RESTRICTED AREA OF A LICENSED FACILITY AS DETERMINED BY THE
PENNSYLVANIA GAMING CONTROL BOARD.
* * *
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"GROSS INTERACTIVE GAMING REVENUE." THE TOTAL OF ALL CASH OR
CASH EQUIVALENT WAGERS PAID BY REGISTERED PLAYERS TO AN
INTERACTIVE GAMING CERTIFICATE HOLDER IN CONSIDERATION FOR THE
PLAY OF AUTHORIZED INTERACTIVE GAMES, MINUS:
(1) THE TOTAL OF CASH OR CASH EQUIVALENTS PAID OUT TO
REGISTERED PLAYERS AS WINNINGS.
(2) THE CASH EQUIVALENT VALUE OF ANY PERSONAL PROPERTY
OR OTHER NONCASH ITEMS OR THINGS OF VALUE INCLUDED IN A
DRAWING, CONTEST OR TOURNAMENT AND DISTRIBUTED TO REGISTERED
PLAYERS AS A RESULT OF PLAYING AUTHORIZED INTERACTIVE GAMES.
(3) ANY ADMINISTRATIVE FEE, OPERATIONS FEE OR TAX PAID
TO ANOTHER STATE OR JURISDICTION PURSUANT TO AN INTERACTIVE
GAMING RECIPROCAL AGREEMENT.
AMOUNTS DEPOSITED WITH AN INTERACTIVE GAMING CERTIFICATE HOLDER
FOR PURPOSES OF INTERACTIVE GAMING AND AMOUNTS TAKEN IN
FRAUDULENT ACTS PERPETRATED AGAINST AN INTERACTIVE GAMING
CERTIFICATE HOLDER FOR WHICH THE INTERACTIVE GAMING CERTIFICATE
HOLDER IS NOT REIMBURSED MAY NOT BE CONSIDERED TO HAVE BEEN PAID
TO THE INTERACTIVE GAMING CERTIFICATE HOLDER FOR PURPOSES OF
CALCULATING GROSS INTERACTIVE GAMING REVENUE.
* * *
"HYBRID SLOT MACHINE." A SLOT MACHINE IN WHICH A COMBINATION
OF THE SKILL OF THE PLAYER AND ELEMENTS OF CHANCE AFFECTS THE
OUTCOME OF THE GAME.
* * *
"IN-STATE SENDING TRACK." A RACETRACK WITHIN THIS
COMMONWEALTH WHICH IS OPERATED BY A LICENSED RACING ENTITY AND
IS PERMITTED TO CONDUCT CASINO SIMULCASTING.
* * *
"INTERACTIVE GAME." ANY GAMBLING GAME OFFERED THROUGH THE
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USE OF COMMUNICATIONS TECHNOLOGY THAT ALLOWS A PERSON, UTILIZING
MONEY, CHECKS, ELECTRONIC CHECKS, ELECTRONIC TRANSFERS OF MONEY,
CREDIT CARDS OR ANY OTHER INSTRUMENTALITY TO TRANSMIT ELECTRONIC
INFORMATION TO ASSIST IN THE PLACEMENT OF A BET OR WAGER AND
CORRESPONDING INFORMATION RELATED TO THE DISPLAY OF THE GAME,
GAME OUTCOMES OR OTHER SIMILAR INFORMATION. THE TERM SHALL NOT
INCLUDE:
(1) A LOTTERY GAME OR INTERNET INSTANT GAME AS DEFINED
IN THE ACT OF AUGUST 26, 1971 (P.L.351, NO.91), KNOWN AS THE
STATE LOTTERY LAW.
(2) NONGAMBLING GAMES THAT DO NOT OTHERWISE REQUIRE A
LICENSE UNDER THE LAWS OF THIS COMMONWEALTH.
FOR THE PURPOSES OF THIS DEFINITION, THE TERM "COMMUNICATIONS
TECHNOLOGY" SHALL MEAN ANY METHOD USED AND THE COMPONENTS
EMPLOYED TO FACILITATE THE TRANSMISSION AND RECEIPT OF
INFORMATION, INCLUDING TRANSMISSION AND RECEPTION BY SYSTEMS
USING WIRE, WIRELESS, CABLE, RADIO, MICROWAVE, LIGHT, FIBER
OPTICS, SATELLITE OR COMPUTER DATA NETWORKS, INCLUDING THE
INTERNET AND INTRANETS, AS APPROVED BY THE BOARD.
"INTERACTIVE GAMING." THE PLACING OF BETS OR WAGERS WITH AN
INTERACTIVE GAMING CERTIFICATE HOLDER OR INTERACTIVE GAMING
LICENSEE LOCATED IN THIS COMMONWEALTH USING A COMPUTER NETWORK
OF BOTH FEDERAL AND NON-FEDERAL INTEROPERABLE PACKET SWITCHED
DATA NETWORKS THROUGH WHICH AN INTERACTIVE GAMING CERTIFICATE
HOLDER MAY OFFER AUTHORIZED INTERACTIVE GAMES TO REGISTERED
PLAYERS. THE TERM SHALL INCLUDE THE PLACING OF BETS OR WAGERS
THROUGH THE USE OF A MULTI-USE COMPUTING DEVICE.
"INTERACTIVE GAMING ACCOUNT." THE FORMAL, ELECTRONIC SYSTEM
IMPLEMENTED BY AN INTERACTIVE GAMING CERTIFICATE HOLDER TO
RECORD THE BALANCE OF A REGISTERED PLAYER'S DEBITS, CREDITS AND
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OTHER ACTIVITY RELATED TO INTERACTIVE GAMING.
"INTERACTIVE GAMING ACCOUNT AGREEMENT." AN AGREEMENT ENTERED
INTO BETWEEN AN INTERACTIVE GAMING CERTIFICATE HOLDER OR OTHER
PERSON ON BEHALF OF AN INTERACTIVE GAMING CERTIFICATE HOLDER AND
AN INDIVIDUAL WHICH GOVERNS THE TERMS AND CONDITIONS OF THE
INDIVIDUAL'S INTERACTIVE GAMING ACCOUNT AND THE USE OF THE
INTERNET FOR PURPOSES OF PLACING BETS OR WAGERS ON AUTHORIZED
INTERACTIVE GAMES OPERATED BY AN INTERACTIVE GAMING CERTIFICATE
HOLDER OR OTHER PERSON ON BEHALF OF AN INTERACTIVE GAMING
CERTIFICATE HOLDER.
"INTERACTIVE GAMING AGREEMENT." AN AGREEMENT ENTERED INTO BY
OR BETWEEN AN INTERACTIVE GAMING CERTIFICATE HOLDER AND AN
INTERACTIVE GAMING OPERATOR RELATED TO THE OFFERING OR OPERATION
OF INTERACTIVE GAMING OR AN INTERACTIVE GAMING SYSTEM ON BEHALF
OF AN INTERACTIVE GAMING CERTIFICATE HOLDER. THE TERM SHALL
INCLUDE AN INTERACTIVE GAMING AGREEMENT ENTERED INTO BY OR
BETWEEN AN INTERACTIVE GAMING CERTIFICATE HOLDER AND AN
INTERACTIVE GAMING OPERATOR FOR THE CONDUCT OF INTERACTIVE
GAMING THROUGH THE USE OF MULTI-USE COMPUTING DEVICES AT A
QUALIFIED AIRPORT IN ACCORDANCE WITH THIS PART.
"INTERACTIVE GAMING CERTIFICATE." THE AUTHORIZATION ISSUED
TO A SLOT MACHINE LICENSEE BY THE PENNSYLVANIA GAMING CONTROL
BOARD AUTHORIZING THE OPERATION AND CONDUCT OF INTERACTIVE
GAMING BY A SLOT MACHINE LICENSEE OR OTHER PERSON ON BEHALF OF A
SLOT MACHINE LICENSEE IN ACCORDANCE WITH CHAPTER 13B (RELATING
TO INTERACTIVE GAMING).
"INTERACTIVE GAMING CERTIFICATE HOLDER." A SLOT MACHINE
LICENSEE THAT HAS BEEN GRANTED AUTHORIZATION BY THE PENNSYLVANIA
GAMING CONTROL BOARD TO OPERATE AUTHORIZED INTERACTIVE GAMES IN
ACCORDANCE WITH CHAPTER 13B (RELATING TO INTERACTIVE GAMING).
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"INTERACTIVE GAMING DEVICE." ALL HARDWARE AND SOFTWARE AND
OTHER TECHNOLOGY, EQUIPMENT OR DEVICE OF ANY KIND AS DETERMINED
BY THE PENNSYLVANIA GAMING CONTROL BOARD TO BE NECESSARY FOR THE
CONDUCT OF AUTHORIZED INTERACTIVE GAMES.
"INTERACTIVE GAMING LICENSE." A LICENSE ISSUED TO A PERSON
BY THE PENNSYLVANIA GAMING CONTROL BOARD UNDER CHAPTER 13B.
"INTERACTIVE GAMING LICENSEE." A PERSON WHO HAS BEEN ISSUED
A LICENSE TO ACT AS AN INTERACTIVE GAMING OPERATOR UNDER CHAPTER
13B.
"INTERACTIVE GAMING OPERATOR." A PERSON, INCLUDING AN
AFFILIATE OF A SLOT MACHINE LICENSEE, LICENSED BY THE
PENNSYLVANIA GAMING CONTROL BOARD TO OPERATE INTERACTIVE GAMING
OR AN INTERACTIVE GAMING SYSTEM ON BEHALF OF AN INTERACTIVE
GAMING CERTIFICATE HOLDER.
"INTERACTIVE GAMING PLATFORM." THE COMBINATION OF HARDWARE
AND SOFTWARE OR OTHER TECHNOLOGY DESIGNED AND USED TO MANAGE,
CONDUCT AND RECORD INTERACTIVE GAMES AND THE BETS OR WAGERS
ASSOCIATED WITH INTERACTIVE GAMES, AS APPROVED BY THE
PENNSYLVANIA GAMING CONTROL BOARD. THE TERM SHALL INCLUDE ANY
EMERGING OR NEW TECHNOLOGY DEPLOYED TO ADVANCE THE CONDUCT AND
OPERATION OF INTERACTIVE GAMING, AS APPROVED THROUGH REGULATION
BY THE PENNSYLVANIA GAMING CONTROL BOARD.
"INTERACTIVE GAMING RECIPROCAL AGREEMENT." AN AGREEMENT
NEGOTIATED BY THE PENNSYLVANIA GAMING CONTROL BOARD ON BEHALF OF
THE COMMONWEALTH WITH THE AUTHORIZED AGENCY OF ONE OR MORE
STATES OR JURISDICTIONS WHERE INTERACTIVE GAMING IS LEGALLY
AUTHORIZED WHICH WILL PERMIT THE CONDUCT OF INTERACTIVE GAMING
BETWEEN INTERACTIVE GAMING CERTIFICATE HOLDERS IN THIS
COMMONWEALTH AND GAMING ENTITIES IN THE STATES OR JURISDICTIONS
THAT ARE PARTIES TO THE AGREEMENT.
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"INTERACTIVE GAMING RESTRICTED AREA." ANY ROOM OR AREA, AS
APPROVED BY THE PENNSYLVANIA GAMING CONTROL BOARD, USED BY AN
INTERACTIVE GAMING CERTIFICATE HOLDER OR INTERACTIVE GAMING
LICENSE HOLDER TO MANAGE, CONTROL AND OPERATE INTERACTIVE
GAMING, INCLUDING, WHERE APPROVED BY THE BOARD, REDUNDANCY
FACILITIES.
"INTERACTIVE GAMING SKIN OR SKINS." THE PORTAL OR PORTALS TO
AN INTERACTIVE GAMING PLATFORM OR INTERNET WEBSITE THROUGH WHICH
AUTHORIZED INTERACTIVE GAMES ARE MADE AVAILABLE TO REGISTERED
PLAYERS BY AN INTERACTIVE GAMING CERTIFICATE HOLDER OR OTHER
PERSON ON BEHALF OF AN INTERACTIVE GAMING CERTIFICATE HOLDER IN
THIS COMMONWEALTH OR PLAYERS IN ANY OTHER STATE OR JURISDICTION
IN WHICH AN INTERACTIVE GAMING RECIPROCAL AGREEMENT HAS BEEN
ENTERED.
"INTERACTIVE GAMING SYSTEM." ALL HARDWARE, SOFTWARE AND
COMMUNICATIONS THAT COMPRISE A TYPE OF SERVER-BASED GAMING
SYSTEM FOR THE PURPOSE OF OFFERING AUTHORIZED INTERACTIVE GAMES.
"INTERNET WEBSITE." THE INTERACTIVE GAMING SKIN OR SKINS OR
INTERNET PORTAL OR PORTALS THROUGH WHICH AN INTERACTIVE GAMING
CERTIFICATE HOLDER OR OTHER PERSON MAKES AUTHORIZED INTERACTIVE
GAMES AVAILABLE FOR PLAY.
* * *
"KEY EMPLOYEE." ANY INDIVIDUAL WHO IS EMPLOYED IN A DIRECTOR
OR DEPARTMENT HEAD CAPACITY AND WHO IS EMPOWERED TO MAKE
DISCRETIONARY DECISIONS THAT REGULATE SLOT MACHINE OR TABLE GAME
OPERATIONS OR INTERACTIVE GAMING OPERATIONS OR CASINO
SIMULCASTING, INCLUDING THE GENERAL MANAGER AND ASSISTANT
MANAGER OF THE LICENSED FACILITY, DIRECTOR OF SLOT OPERATIONS,
DIRECTOR OF TABLE GAME OPERATIONS, DIRECTOR OF INTERACTIVE
GAMING, DIRECTOR OF CAGE AND/OR CREDIT OPERATIONS, DIRECTOR OF
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SURVEILLANCE, DIRECTOR OF MARKETING, DIRECTOR OF MANAGEMENT
INFORMATION SYSTEMS, DIRECTOR OF INTERACTIVE GAMING SYSTEM
PROGRAMS OR OTHER SIMILAR JOB CLASSIFICATIONS ASSOCIATED WITH
INTERACTIVE GAMING AND CASINO SIMULCASTING, PERSONS WHO MANAGE,
CONTROL OR ADMINISTER INTERACTIVE GAMING AND CASINO SIMULCASTING
OR THE BETS AND WAGERS ASSOCIATED WITH AUTHORIZED INTERACTIVE
GAMES AND CASINO SIMULCASTING, DIRECTOR OF SECURITY, COMPTROLLER
AND ANY EMPLOYEE WHO IS NOT OTHERWISE DESIGNATED AS A GAMING
EMPLOYEE AND WHO SUPERVISES THE OPERATIONS OF THESE DEPARTMENTS
OR TO WHOM THESE DEPARTMENT DIRECTORS OR DEPARTMENT HEADS REPORT
AND SUCH OTHER POSITIONS NOT OTHERWISE DESIGNATED OR DEFINED
UNDER THIS PART WHICH THE PENNSYLVANIA GAMING CONTROL BOARD
SHALL DETERMINE BASED ON DETAILED ANALYSES OF JOB DESCRIPTIONS
AS PROVIDED IN THE INTERNAL CONTROLS OF THE LICENSEE AS APPROVED
BY THE PENNSYLVANIA GAMING CONTROL BOARD. ALL OTHER GAMING
EMPLOYEES UNLESS OTHERWISE DESIGNATED BY THE PENNSYLVANIA GAMING
CONTROL BOARD SHALL BE CLASSIFIED AS NON-KEY EMPLOYEES.
* * *
"LICENSED FACILITY." THE PHYSICAL LAND-BASED LOCATION AT
WHICH A LICENSED GAMING ENTITY IS AUTHORIZED TO PLACE AND
OPERATE SLOT MACHINES AND, IF AUTHORIZED BY THE PENNSYLVANIA
GAMING CONTROL BOARD UNDER CHAPTER 13A (RELATING TO TABLE
GAMES), TO CONDUCT TABLE GAMES AND IF AUTHORIZED UNDER CHAPTER
13B (RELATING TO INTERACTIVE GAMING), TO CONDUCT INTERACTIVE
GAMING. THE TERM INCLUDES ANY:
(1) AREA OF A LICENSED RACETRACK AT WHICH A SLOT MACHINE
LICENSEE WAS PREVIOUSLY AUTHORIZED PURSUANT TO SECTION
1207(17) (RELATING TO REGULATORY AUTHORITY OF BOARD) TO
OPERATE SLOT MACHINES PRIOR TO THE EFFECTIVE DATE OF THIS
PARAGRAPH;
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(2) BOARD-APPROVED INTERIM FACILITY OR TEMPORARY
FACILITY; [AND]
(3) AREA OF A HOTEL WHICH THE PENNSYLVANIA GAMING
CONTROL BOARD DETERMINES IS SUITABLE TO CONDUCT TABLE
GAMES[.];
(4) AREA OF A LICENSED FACILITY WHERE CASINO
SIMULCASTING IS CONDUCTED, AS APPROVED BY THE PENNSYLVANIA
GAMING CONTROL BOARD; AND
(5) FOR THE PURPOSES OF CHAPTER 13D (RELATING TO SLOT
MACHINES AT NONPRIMARY LOCATIONS), THE AREA OF A NONPRIMARY
LOCATION IN WHICH A CATEGORY 1 SLOT MACHINE LICENSEE IS
AUTHORIZED TO PLACE AND MAKE SLOT MACHINES AVAILABLE FOR
PLAY.
THE TERM SHALL NOT INCLUDE A REDUNDANCY FACILITY OR AN
INTERACTIVE GAMING RESTRICTED AREA WHICH IS NOT LOCATED ON THE
PREMISES OF A LICENSED FACILITY AS APPROVED BY THE PENNSYLVANIA
GAMING CONTROL BOARD AND WHICH IS MAINTAINED AND OPERATED BY AN
INTERACTIVE GAMING CERTIFICATE HOLDER IN CONNECTION WITH
INTERACTIVE GAMING OR BY A CATEGORY 1 SLOT MACHINE LICENSEE IN
CONNECTION WITH THE OPERATION OF SLOT MACHINES AT A NONPRIMARY
LOCATION OR IN CONNECTION WITH CASINO SIMULCASTING.
* * *
"LICENSED RACING ENTITY." ANY LEGAL ENTITY THAT HAS OBTAINED
A LICENSE TO CONDUCT LIVE THOROUGHBRED OR HARNESS HORSE RACE
MEETINGS RESPECTIVELY WITH PARI-MUTUEL WAGERING FROM [EITHER]
THE STATE HORSE RACING COMMISSION [OR THE STATE HARNESS RACING
COMMISSION] PURSUANT TO [THE ACT OF DECEMBER 17, 1981 (P.L.435,
NO.135), KNOWN AS] THE RACE HORSE INDUSTRY REFORM ACT.
"MANUFACTURER." A PERSON WHO MANUFACTURES, BUILDS, REBUILDS,
FABRICATES, ASSEMBLES, PRODUCES, PROGRAMS, DESIGNS OR OTHERWISE
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MAKES MODIFICATIONS TO ANY SLOT MACHINE, TABLE GAME DEVICE OR
ASSOCIATED EQUIPMENT OR AUTHORIZED INTERACTIVE GAMES FOR USE OR
PLAY OF SLOT MACHINES [OR], TABLE GAMES OR AUTHORIZED
INTERACTIVE GAMES IN THIS COMMONWEALTH FOR GAMING PURPOSES. THE
TERM SHALL NOT INCLUDE A PERSON WHO MANUFACTURES, BUILDS,
REBUILDS, FABRICATES, ASSEMBLES, PRODUCES, PROGRAMS, DESIGNS OR
OTHERWISE MAKES MODIFICATIONS TO MULTI-USE COMPUTING DEVICES
USED IN CONNECTION WITH THE CONDUCT OF INTERACTIVE GAMING AT A
QUALIFIED AIRPORT.
"MANUFACTURER LICENSE." A LICENSE ISSUED BY THE PENNSYLVANIA
GAMING CONTROL BOARD AUTHORIZING A MANUFACTURER TO MANUFACTURE
OR PRODUCE SLOT MACHINES, TABLE GAME DEVICES OR ASSOCIATED
EQUIPMENT, INTERACTIVE GAMING DEVICES OR ASSOCIATED EQUIPMENT
FOR USE IN THIS COMMONWEALTH FOR GAMING PURPOSES.
* * *
"MULTI-USE COMPUTING DEVICE." AS FOLLOWS:
(1) A COMPUTING DEVICE, INCLUDING, BUT NOT LIMITED TO, A
TABLET COMPUTER, THAT:
(I) ALLOWS A PLAYER TO ACCESS AN AUTHORIZED
INTERACTIVE GAME.
(II) IS LOCATED AND ACCESSIBLE TO ELIGIBLE
PASSENGERS ONLY IN AN AIRPORT GAMING AREA.
(III) COMMUNICATES WITH A SERVER THAT IS IN A
LOCATION APPROVED BY THE PENNSYLVANIA GAMING CONTROL
BOARD.
(IV) IS APPROVED BY THE PENNSYLVANIA GAMING CONTROL
BOARD.
(V) HAS THE CAPABILITY OF BEING LINKED TO AND
MONITORED BY THE DEPARTMENT'S CENTRAL CONTROL COMPUTER
SYSTEM, AS APPLICABLE FOR ANY PARTICULAR INTERACTIVE
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GAME, IN ACCORDANCE WITH SECTION 1323 (RELATING TO
CENTRAL CONTROL COMPUTER SYSTEM).
(VI) OFFERS A PLAYER ADDITIONAL FUNCTIONS WHICH
SHALL INCLUDE INTERNET BROWSING, THE CAPABILITY OF
CHECKING FLIGHT STATUS AND ORDERING FOOD OR BEVERAGES.
(2) THE TERM SHALL NOT INCLUDE ANY TABLET OR COMPUTING
DEVICE THAT RESTRICTS, PROHIBITS OR IS INCAPABLE OF PROVIDING
ACCESS TO INTERACTIVE GAMING, INTERACTIVE GAMING SKINS OR
INTERACTIVE GAMING PLATFORMS.
"MULTISTATE WIDE-AREA PROGRESSIVE SLOT MACHINE SYSTEM." THE
LINKING OF SLOT MACHINES LOCATED IN THIS COMMONWEALTH WITH SLOT
MACHINES LOCATED IN ONE OR MORE STATES OR JURISDICTIONS IN WHICH
THE PENNSYLVANIA GAMING CONTROL BOARD HAS ENTERED INTO AN
AGREEMENT AUTHORIZING THE CONDUCT OF A MULTISTATE WIDE-AREA
PROGRESSIVE SLOT MACHINE SYSTEM BY SLOT MACHINE LICENSEES IN
THIS COMMONWEALTH WITH GAMING ENTITIES IN SUCH OTHER STATE OR
JURISDICTION, AS APPROVED BY THE PENNSYLVANIA GAMING CONTROL
BOARD.
* * *
"NONGAMING SERVICE PROVIDER." A PERSON THAT IS NOT A GAMING
SERVICE PROVIDER OR REQUIRED TO BE LICENSED AS A MANUFACTURER,
SUPPLIER, MANAGEMENT COMPANY OR GAMING JUNKET ENTERPRISE UNDER
THIS PART OR REGULATIONS OF THE PENNSYLVANIA GAMING CONTROL
BOARD AND THAT PROVIDES GOODS OR SERVICES:
(1) TO A SLOT MACHINE LICENSEE OR APPLICANT FOR A SLOT
MACHINE LICENSE FOR USE IN THE OPERATION OF A LICENSED
FACILITY; AND
(2) THAT DOES NOT REQUIRE ACCESS TO THE GAMING FLOOR OR
A GAMING-RELATED RESTRICTED AREA OF A LICENSED FACILITY.
* * *
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"NONPRIMARY LOCATION PERMIT." THE PERMIT ISSUED TO A
CATEGORY 1 SLOT MACHINE LICENSEE AUTHORIZING THE PLACEMENT AND
OPERATION OF SLOT MACHINES AT A NONPRIMARY LOCATION IN
ACCORDANCE WITH CHAPTER 13D (RELATING TO SLOT MACHINES AT
NONPRIMARY LOCATIONS).
"NONPRIMARY LOCATION PERMIT HOLDER." A CATEGORY 1 SLOT
MACHINE LICENSEE THAT HAS BEEN APPROVED FOR AND ISSUED A PERMIT
TO PLACE AND MAKE SLOT MACHINES AVAILABLE FOR PLAY AT A
NONPRIMARY LOCATION IN ACCORDANCE WITH CHAPTER 13D (RELATING TO
SLOT MACHINES AT NONPRIMARY LOCATIONS).
* * *
"OUT-OF-STATE SENDING TRACK." AN INTERSTATE OR INTERNATIONAL
RACETRACK IN A STATE OR JURISDICTION OTHER THAN THIS
COMMONWEALTH WHICH IS EQUIPPED TO CONDUCT CASINO SIMULCASTING
AND THE OPERATOR OF WHICH IS LAWFULLY PERMITTED TO CONDUCT HORSE
RACE MEETINGS AND TO PROVIDE SIMULCAST HORSE RACES TO SLOT
MACHINE LICENSEES IN THIS COMMONWEALTH.
* * *
"PLAYER." AN INDIVIDUAL WAGERING CASH, A CASH EQUIVALENT OR
OTHER THING OF VALUE IN THE PLAY OR OPERATION OF A SLOT MACHINE
[OR], AN AUTHORIZED INTERACTIVE GAME OR A TABLE GAME, INCLUDING
DURING A CONTEST OR TOURNAMENT, THE PLAY OR OPERATION OF WHICH
MAY DELIVER OR ENTITLE THE INDIVIDUAL PLAYING OR OPERATING THE
SLOT MACHINE [OR], AUTHORIZED INTERACTIVE GAME OR TABLE GAME TO
RECEIVE CASH, A CASH EQUIVALENT OR OTHER THING OF VALUE FROM
ANOTHER PLAYER OR A SLOT MACHINE LICENSEE.
* * *
"PROGRESSIVE PAYOUT." A SLOT MACHINE WAGER PAYOUT THAT
INCREASES IN A MONETARY AMOUNT BASED ON THE AMOUNTS WAGERED IN A
PROGRESSIVE SYSTEM, INCLUDING A MULTISTATE WIDE-AREA PROGRESSIVE
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SLOT MACHINE SYSTEM.
"PROGRESSIVE SYSTEM." A COMPUTERIZED SYSTEM LINKING SLOT
MACHINES IN ONE OR MORE LICENSED FACILITIES WITHIN THIS
COMMONWEALTH AND OFFERING ONE OR MORE COMMON PROGRESSIVE PAYOUTS
BASED ON THE AMOUNTS WAGERED. THE TERM SHALL INCLUDE THE LINKING
OF SLOT MACHINES IN A LICENSED FACILITY IN THIS COMMONWEALTH
WITH A MULTISTATE WIDE-AREA PROGRESSIVE SYSTEM OPERATED BY
GAMING ENTITIES IN ONE OR MORE STATES OR JURISDICTIONS AS
APPROVED BY THE PENNSYLVANIA GAMING CONTROL BOARD.
* * *
"QUALIFIED AIRPORT." A PUBLICLY OWNED COMMERCIAL SERVICE
AIRPORT THAT IS DESIGNATED BY THE FEDERAL GOVERNMENT AS AN
INTERNATIONAL AIRPORT.
* * *
"RACE HORSE INDUSTRY REFORM ACT." [THE ACT OF DECEMBER 17,
1981 (P.L.435, NO.135), KNOWN AS THE RACE HORSE INDUSTRY REFORM
ACT.] ARTICLE XXVIII-D OF THE ACT OF APRIL 9, 1929 (P.L.177,
NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF 1929.
"REDUNDANCY FACILITIES." ANY AND ALL ROOMS OR AREAS USED BY
A SLOT MACHINE LICENSEE FOR EMERGENCY BACKUP, REDUNDANCY OR
SECONDARY OPERATIONS ATTENDANT TO INTERACTIVE GAMING AS APPROVED
BY THE PENNSYLVANIA GAMING CONTROL BOARD.
"REGISTERED PLAYER." AN INDIVIDUAL WHO HAS ENTERED INTO AN
INTERACTIVE GAMING ACCOUNT AGREEMENT WITH AN INTERACTIVE GAMING
CERTIFICATE HOLDER.
* * *
"SIMULCAST HORSE RACE." A THOROUGHBRED OR HARNESS HORSE RACE
MEETING CONDUCTED AT A RACETRACK, WHETHER WITHIN OR OUTSIDE THIS
COMMONWEALTH, WHICH IS SIMULTANEOUSLY TRANSMITTED BY AN APPROVED
TELECOMMUNICATIONS TECHNOLOGY TO RACETRACKS OR SIMULCASTING
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FACILITIES IN THIS COMMONWEALTH IN ACCORDANCE WITH REGULATIONS
OF THE COMMISSION.
"SIMULCASTING FACILITY." AN AREA OF A LICENSED FACILITY
ESTABLISHED AND MAINTAINED BY A SLOT MACHINE LICENSEE FOR THE
CONDUCT OF CASINO SIMULCASTING IN ACCORDANCE WITH CHAPTER 13F
(RELATING TO CASINO SIMULCASTING), ARTICLE XXVIII-D OF THE ACT
OF APRIL 9, 1929 (P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE
CODE OF 1929, AND REGULATIONS OF THE BOARD AND THE COMMISSION.
"SKILL." THE KNOWLEDGE, DEXTERITY, ADROITNESS, ACUMEN OR
OTHER MENTAL SKILL OF AN INDIVIDUAL.
"SKILL SLOT MACHINE." A SLOT MACHINE IN WHICH THE SKILL OF
THE PLAYER, RATHER THAN THE ELEMENTS OF CHANCE, IS THE
PREDOMINANT FACTOR IN AFFECTING THE OUTCOME OF THE GAME.
"SLOT MACHINE." INCLUDES:
(1) ANY MECHANICAL, ELECTRICAL OR COMPUTERIZED
CONTRIVANCE, TERMINAL, MACHINE OR OTHER DEVICE APPROVED BY
THE PENNSYLVANIA GAMING CONTROL BOARD WHICH, UPON INSERTION
OF A COIN, BILL, TICKET, TOKEN OR SIMILAR OBJECT THEREIN OR
UPON PAYMENT OF ANY CONSIDERATION WHATSOEVER, INCLUDING THE
USE OF ANY ELECTRONIC PAYMENT SYSTEM EXCEPT A CREDIT CARD OR
DEBIT CARD, IS AVAILABLE TO PLAY OR OPERATE, THE PLAY OR
OPERATION OF WHICH, WHETHER BY REASON OF SKILL OR APPLICATION
OF THE ELEMENT OF CHANCE OR BOTH, MAY DELIVER OR ENTITLE THE
PERSON OR PERSONS PLAYING OR OPERATING THE CONTRIVANCE,
TERMINAL, MACHINE OR OTHER DEVICE TO RECEIVE CASH, BILLETS,
TICKETS, TOKENS OR ELECTRONIC CREDITS TO BE EXCHANGED FOR
CASH OR TO RECEIVE MERCHANDISE OR ANYTHING OF VALUE
WHATSOEVER, WHETHER THE PAYOFF IS MADE AUTOMATICALLY FROM THE
MACHINE OR MANUALLY. A SLOT MACHINE:
[(1)] (I) MAY UTILIZE SPINNING REELS OR VIDEO
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DISPLAYS OR BOTH.
[(2)] (II) MAY OR MAY NOT DISPENSE COINS, TICKETS OR
TOKENS TO WINNING PATRONS.
[(3)] (III) MAY USE AN ELECTRONIC CREDIT SYSTEM FOR
RECEIVING WAGERS AND MAKING PAYOUTS.
(2) THE TERM SHALL INCLUDE [ASSOCIATED EQUIPMENT] ALL OF
THE FOLLOWING:
(I) ASSOCIATED EQUIPMENT NECESSARY TO CONDUCT THE
OPERATION OF THE CONTRIVANCE, TERMINAL, MACHINE OR OTHER
DEVICE.
(II) A SKILL SLOT MACHINE, HYBRID SLOT MACHINE AND
THE DEVICES OR ASSOCIATED EQUIPMENT NECESSARY TO CONDUCT
THE OPERATION OF A SKILL SLOT MACHINE OR HYBRID SLOT
MACHINE.
(III) A MULTISTATE WIDE-AREA PROGRESSIVE SLOT
MACHINE AND DEVICES AND ASSOCIATED EQUIPMENT AS DEFINED
BY THE BOARD THROUGH REGULATIONS.
(IV) A MULTI-USE COMPUTING DEVICE WHICH IS CAPABLE
OF SIMULATING, EITHER DIGITALLY OR ELECTRONICALLY, A SLOT
MACHINE.
* * *
"SUPPLIER." A PERSON THAT SELLS, LEASES, OFFERS OR OTHERWISE
PROVIDES, DISTRIBUTES OR SERVICES ANY SLOT MACHINE, TABLE GAME
DEVICE OR ASSOCIATED EQUIPMENT, OR INTERACTIVE GAMING DEVICE OR
ASSOCIATED EQUIPMENT FOR USE OR PLAY OF SLOT MACHINES [OR],
TABLE GAMES OR INTERACTIVE GAMES IN THIS COMMONWEALTH. THE TERM
SHALL INCLUDE A PERSON THAT SELLS, LEASES, OFFERS OR OTHERWISE
PROVIDES, DISTRIBUTES OR SERVICES ANY MULTI-USE COMPUTING DEVICE
AS APPROVED BY THE PENNSYLVANIA GAMING CONTROL BOARD.
"SUPPLIER LICENSE." A LICENSE ISSUED BY THE PENNSYLVANIA
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GAMING CONTROL BOARD AUTHORIZING A SUPPLIER TO PROVIDE PRODUCTS
OR SERVICES RELATED TO SLOT MACHINES, TABLE GAME DEVICES OR
ASSOCIATED EQUIPMENT, INTERACTIVE GAMING DEVICE, INCLUDING ANY
MULTI-USE COMPUTING DEVICE OR ASSOCIATED EQUIPMENT, TO SLOT
MACHINE LICENSEES FOR USE IN THIS COMMONWEALTH FOR GAMING
PURPOSES.
* * *
"TABLE GAME DEVICE." INCLUDES GAMING TABLES, CARDS, DICE,
CHIPS, SHUFFLERS, TILES, DOMINOES, WHEELS[, DROP BOXES] OR ANY
MECHANICAL, ELECTRICAL OR COMPUTERIZED CONTRIVANCE, TERMINAL,
MACHINE OR OTHER DEVICE, APPARATUS, EQUIPMENT OR SUPPLIES
APPROVED BY THE PENNSYLVANIA GAMING CONTROL BOARD AND USED TO
CONDUCT A TABLE GAME OR THAT IS CAPABLE, THROUGH THE USE OF
DIGITAL, ELECTRONIC OR OTHER COMMUNICATIONS TECHNOLOGY, OF
SIMULATING PLAY OF A TABLE GAME.
* * *
SECTION 4. SECTION 1202(A)(1) AND (B)(20) AND (23) OF TITLE
4 ARE AMENDED AND SUBSECTION (B) IS AMENDED BY ADDING PARAGRAPHS
TO READ:
§ 1202. GENERAL AND SPECIFIC POWERS.
(A) GENERAL POWERS.--
(1) THE BOARD SHALL HAVE GENERAL AND SOLE REGULATORY
AUTHORITY OVER THE CONDUCT OF GAMING [OR] AND RELATED
ACTIVITIES AS DESCRIBED IN THIS PART. THE BOARD SHALL ENSURE
THE INTEGRITY OF THE ACQUISITION AND OPERATION OF SLOT
MACHINES, TABLE GAMES, TABLE GAME DEVICES AND ASSOCIATED
EQUIPMENT AND AUTHORIZED INTERACTIVE GAMES AND INTERACTIVE
GAMING DEVICES AND ASSOCIATED EQUIPMENT AND SHALL HAVE SOLE
REGULATORY AUTHORITY OVER EVERY ASPECT OF THE AUTHORIZATION,
OPERATION AND PLAY OF SLOT MACHINES [AND], INCLUDING THE
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OPERATION OF SLOT MACHINES AT NONPRIMARY LOCATIONS, TABLE
GAMES AND INTERACTIVE GAMING DEVICES AND ASSOCIATED EQUIPMENT
AND THE IMPLEMENTATION AND REGULATION OF AIRPORT GAMING.
* * *
(B) SPECIFIC POWERS.--THE BOARD SHALL HAVE THE SPECIFIC
POWER AND DUTY:
* * *
(12.2) AT ITS DISCRETION, TO AWARD, REVOKE, SUSPEND,
CONDITION OR DENY AN INTERACTIVE GAMING CERTIFICATE OR AN
INTERACTIVE GAMING LICENSE IN ACCORDANCE WITH CHAPTER 13B
(RELATING TO INTERACTIVE GAMING).
(12.3) TO AWARD, REVOKE, SUSPEND, CONDITION OR DENY A
CASINO SIMULCASTING PERMIT IN ACCORDANCE WITH CHAPTER 13F
(RELATING TO CASINO SIMULCASTING).
(12.4) AT ITS DISCRETION, TO AWARD, REVOKE, SUSPEND,
CONDITION OR DENY AUTHORIZATION FOR THE PLACEMENT AND
OPERATION OF SLOT MACHINES AT A NONPRIMARY LOCATION IN
ACCORDANCE WITH CHAPTER 13D (RELATING TO SLOT MACHINES AT
NONPRIMARY LOCATIONS).
* * *
(20) IN ADDITION TO THE POWER OF THE BOARD REGARDING
LICENSE AND PERMIT APPLICANTS, TO DETERMINE AT ITS DISCRETION
THE SUITABILITY OF ANY PERSON WHO FURNISHES OR SEEKS TO
FURNISH TO A SLOT MACHINE LICENSEE DIRECTLY OR INDIRECTLY ANY
GOODS, SERVICES OR PROPERTY RELATED TO SLOT MACHINES, TABLE
GAMES, TABLE GAME DEVICES OR ASSOCIATED EQUIPMENT,
INTERACTIVE GAMES AND INTERACTIVE GAMING DEVICES AND
ASSOCIATED EQUIPMENT OR CASINO SIMULCASTING TECHNOLOGY AND
EQUIPMENT OR THROUGH ANY ARRANGEMENTS UNDER WHICH THAT PERSON
RECEIVES PAYMENT BASED DIRECTLY OR INDIRECTLY ON EARNINGS,
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PROFITS OR RECEIPTS FROM THE SLOT MACHINES, TABLE GAMES,
TABLE GAME DEVICES AND ASSOCIATED EQUIPMENT, INTERACTIVE
GAMES, INTERACTIVE GAMING DEVICES AND ASSOCIATED EQUIPMENT OR
CASINO SIMULCASTING TECHNOLOGY AND EQUIPMENT. THE BOARD MAY
REQUIRE ANY SUCH PERSON TO COMPLY WITH THE REQUIREMENTS OF
THIS PART AND THE REGULATIONS OF THE BOARD AND MAY PROHIBIT
THE PERSON FROM FURNISHING THE GOODS, SERVICES OR PROPERTY
EXCEPT THAT, IN DETERMINING THE SUITABILITY OF A PERSON WHO
FURNISHES OR SEEKS TO FURNISH CASINO SIMULCASTING TECHNOLOGY
AND EQUIPMENT, THE BOARD SHALL CONSULT THE COMMISSION.
* * *
(23) THE BOARD SHALL NOT APPROVE AN APPLICATION FOR OR
ISSUE OR RENEW A LICENSE, CERTIFICATE, REGISTRATION OR PERMIT
UNLESS IT IS SATISFIED THAT THE APPLICANT HAS DEMONSTRATED BY
CLEAR AND CONVINCING EVIDENCE THAT THE APPLICANT IS A PERSON
OF GOOD CHARACTER, HONESTY AND INTEGRITY AND IS A PERSON
WHOSE PRIOR ACTIVITIES, CRIMINAL RECORD, IF ANY, REPUTATION,
HABITS AND ASSOCIATIONS DO NOT POSE A THREAT TO THE PUBLIC
INTEREST OR THE EFFECTIVE REGULATION AND CONTROL OF SLOT
MACHINE [OR], INCLUDING THE OPERATION OF SLOT MACHINES AT
NONPRIMARY LOCATIONS AND QUALIFIED AIRPORTS, TABLE GAME
OPERATIONS OR INTERACTIVE GAMING OPERATIONS OR CASINO
SIMULCASTING, OR CREATE OR ENHANCE THE DANGER OF UNSUITABLE,
UNFAIR OR ILLEGAL PRACTICES, METHODS AND ACTIVITIES IN THE
CONDUCT OF SLOT MACHINE OR TABLE GAME OPERATIONS, INTERACTIVE
GAMING OPERATIONS, CASINO SIMULCASTING OR THE CARRYING ON OF
THE BUSINESS AND FINANCIAL ARRANGEMENTS INCIDENTAL THERETO.
* * *
(27.2) WITHIN SIX MONTHS OF THE EFFECTIVE DATE OF THIS
SECTION, TO PUBLISH ON THE BOARD'S INTERNET WEBSITE A
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COMPLETE LIST OF ALL SLOT MACHINE LICENSEES WHO FILED A
PETITION SEEKING AUTHORIZATION TO CONDUCT INTERACTIVE GAMING
AND THE STATUS OF EACH PETITION OR INTERACTIVE GAMING
CERTIFICATE.
* * *
(35) TO REVIEW DETAILED SITE PLANS IDENTIFYING THE
INTERACTIVE GAMING RESTRICTED AREA OR ROOM WHERE A SLOT
MACHINE LICENSEE PROPOSES TO MANAGE, ADMINISTER OR CONTROL
INTERACTIVE GAMING OPERATIONS TO DETERMINE THE ADEQUACY OF
THE PROPOSED INTERNAL AND EXTERNAL SECURITY AND PROPOSED
SURVEILLANCE MEASURES.
(36) TO REQUIRE EACH SLOT MACHINE LICENSEE THAT HOLDS AN
INTERACTIVE GAMING CERTIFICATE TO PROVIDE ON A QUARTERLY
BASIS THE FOLLOWING INFORMATION WITH RESPECT TO INTERACTIVE
GAMING:
(I) THE NAME OF ANY PERSON, ENTITY OR FIRM TO WHOM
ANY PAYMENT, REMUNERATION OR OTHER BENEFIT OR THING OF
VALUE HAS BEEN MADE OR CONFERRED FOR PROFESSIONAL
SERVICES, INCLUDING, BUT NOT LIMITED TO, INTERACTIVE
GAMING SYSTEM OPERATIONS OR MANAGEMENT, LEGAL, CONSULTING
AND LOBBYING SERVICES;
(II) THE AMOUNT OR VALUE OF THE PAYMENTS,
REMUNERATION, BENEFIT OR THING OF VALUE;
(III) THE DATE ON WHICH THE PAYMENTS, REMUNERATION,
BENEFIT OR THING OF VALUE WAS SUBMITTED; AND
(IV) THE REASON OR PURPOSE FOR THE PROCUREMENT OF
THE SERVICES.
(37) TO REVIEW AND APPROVE DETAILED SITE AND
ARCHITECTURAL PLANS IDENTIFYING THE AREA OF A LICENSED
FACILITY WHERE A SLOT MACHINE LICENSEE PROPOSES TO MANAGE,
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CONTROL AND ADMINISTER CASINO SIMULCASTING IN ORDER TO
DETERMINE THE ADEQUACY OF PROPOSED INTERNAL AND EXTERNAL
CONTROLS, SECURITY AND SURVEILLANCE MEASURES.
(38) TO REVIEW AND APPROVE DETAILED SITE AND
ARCHITECTURAL PLANS IDENTIFYING THE AREA OF A NONPRIMARY
LOCATION WHERE A CATEGORY 1 SLOT MACHINE LICENSEE PROPOSES TO
PLACE AND MAKE SLOT MACHINES AVAILABLE FOR PLAY IN ACCORDANCE
WITH CHAPTER 13D IN ORDER TO DETERMINE THE ADEQUACY OF
PROPOSED INTERNAL AND EXTERNAL CONTROLS, SECURITY AND
PROPOSED SURVEILLANCE MEASURES.
(39) TO REVIEW AND APPROVE DETAILED SITE AND
ARCHITECTURAL PLANS IDENTIFYING THE AREA OF A LICENSED
FACILITY WHERE A SLOT MACHINE LICENSEE PROPOSES TO PLACE AND
MAKE MULTISTATE WIDE-AREA PROGRESSIVE SLOT MACHINES, SKILL
SLOT MACHINES OR HYBRID SLOT MACHINES AVAILABLE FOR PLAY IN
ORDER TO DETERMINE THE ADEQUACY OF PROPOSED INTERNAL AND
EXTERNAL CONTROLS, SECURITY AND PROPOSED SURVEILLANCE
MEASURES.
SECTION 5. SECTIONS 1204 AND 1206(F)(1) OF TITLE 4 ARE
AMENDED TO READ:
§ 1204. LICENSED GAMING ENTITY APPLICATION APPEALS FROM BOARD.
THE SUPREME COURT OF PENNSYLVANIA SHALL BE VESTED WITH
EXCLUSIVE APPELLATE JURISDICTION TO CONSIDER APPEALS OF ANY
FINAL ORDER, DETERMINATION OR DECISION OF THE BOARD INVOLVING
THE APPROVAL, ISSUANCE, DENIAL OR CONDITIONING OF A SLOT MACHINE
LICENSE [OR], THE AWARD, DENIAL OR CONDITIONING OF A TABLE GAME
OPERATION CERTIFICATE[.] OR THE AWARD, DENIAL OR CONDITIONING OF
AN INTERACTIVE GAMING CERTIFICATE, AN INTERACTIVE GAMING
LICENSE, A CASINO SIMULCASTING PERMIT, A NONPRIMARY LOCATION
PERMIT OR AN AIRPORT GAMING OPERATION CERTIFICATE.
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NOTWITHSTANDING THE PROVISIONS OF 2 PA.C.S. CH. 7 SUBCH. A
(RELATING TO JUDICIAL REVIEW OF COMMONWEALTH AGENCY ACTION) AND
42 PA.C.S. § 763 (RELATING TO DIRECT APPEALS FROM GOVERNMENT
AGENCIES), THE SUPREME COURT SHALL AFFIRM ALL FINAL ORDERS,
DETERMINATIONS OR DECISIONS OF THE BOARD INVOLVING THE APPROVAL,
ISSUANCE, DENIAL OR CONDITIONING OF A SLOT MACHINE LICENSE [OR],
THE AWARD, DENIAL OR CONDITIONING OF A TABLE GAME OPERATION
CERTIFICATE OR THE AWARD, DENIAL OR CONDITIONING OF AN
INTERACTIVE GAMING CERTIFICATE, AN INTERACTIVE GAMING LICENSE, A
CASINO SIMULCASTING PERMIT, A NONPRIMARY LOCATION PERMIT OR AN
AIRPORT GAMING OPERATION CERTIFICATE, UNLESS IT SHALL FIND THAT
THE BOARD COMMITTED AN ERROR OF LAW OR THAT THE ORDER,
DETERMINATION OR DECISION OF THE BOARD WAS ARBITRARY AND THERE
WAS A CAPRICIOUS DISREGARD OF THE EVIDENCE.
§ 1206. BOARD MINUTES AND RECORDS.
* * *
(F) CONFIDENTIALITY OF INFORMATION.--
(1) THE FOLLOWING INFORMATION SUBMITTED BY AN APPLICANT,
PERMITTEE, CERTIFICATE HOLDER OR LICENSEE PURSUANT TO SECTION
1310(A) (RELATING TO SLOT MACHINE LICENSE APPLICATION
CHARACTER REQUIREMENTS) [OR], 1308(A.1) (RELATING TO
APPLICATIONS FOR LICENSE OR PERMIT), 13B12 (RELATING TO
INTERACTIVE GAMING CERTIFICATE REQUIRED AND CONTENT OF
PETITION), 13B14 (RELATING TO INTERACTIVE GAMING OPERATORS),
13D11 (RELATING TO APPLICATION FOR NONPRIMARY LOCATION
PERMIT), 13E12 (RELATING TO APPLICATION) OR 13F12 (RELATING
TO CASINO SIMULCASTING PERMIT) OR OBTAINED BY THE BOARD OR
THE BUREAU AS PART OF A BACKGROUND OR OTHER INVESTIGATION
FROM ANY SOURCE SHALL BE CONFIDENTIAL AND WITHHELD FROM
PUBLIC DISCLOSURE:
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(I) ALL INFORMATION RELATING TO CHARACTER, HONESTY
AND INTEGRITY, INCLUDING FAMILY, HABITS, REPUTATION,
HISTORY OF CRIMINAL ACTIVITY, BUSINESS ACTIVITIES,
FINANCIAL AFFAIRS AND BUSINESS, PROFESSIONAL AND PERSONAL
ASSOCIATIONS SUBMITTED UNDER SECTION 1310(A) OR 1308(A.1)
OR OTHERWISE OBTAINED BY THE BOARD OR THE BUREAU.
(II) NONPUBLIC PERSONAL INFORMATION, INCLUDING HOME
ADDRESSES, TELEPHONE NUMBERS AND OTHER PERSONAL CONTACT
INFORMATION, SOCIAL SECURITY NUMBERS, EDUCATIONAL
RECORDS, MEMBERSHIPS, MEDICAL RECORDS, TAX RETURNS AND
DECLARATIONS, ACTUAL OR PROPOSED COMPENSATION, FINANCIAL
ACCOUNT RECORDS, CREDITWORTHINESS OR FINANCIAL CONDITION
RELATING TO AN APPLICANT, LICENSEE [OR], PERMITTEE,
INCLUDING THE HOLDER OF AN INTERACTIVE GAMING
CERTIFICATE, INTERACTIVE GAMING LICENSE, CASINO
SIMULCASTING PERMIT, NONPRIMARY LOCATION PERMIT OR
AIRPORT GAMING OPERATION CERTIFICATE OR THE IMMEDIATE
FAMILY THEREOF.
(III) INFORMATION RELATING TO PROPRIETARY
INFORMATION, TRADE SECRETS, PATENTS OR EXCLUSIVE
LICENSES, ARCHITECTURAL AND ENGINEERING PLANS AND
INFORMATION RELATING TO COMPETITIVE MARKETING MATERIALS
AND STRATEGIES, WHICH MAY INCLUDE CUSTOMER-IDENTIFYING
INFORMATION OR CUSTOMER PROSPECTS FOR SERVICES SUBJECT TO
COMPETITION.
(IV) SECURITY INFORMATION, INCLUDING RISK PREVENTION
PLANS, DETECTION AND COUNTERMEASURES, LOCATION OF COUNT
ROOMS, LOCATION OF INTERACTIVE GAMING RESTRICTED AREAS
AND REDUNDANCY FACILITIES, EMERGENCY MANAGEMENT PLANS,
SECURITY AND SURVEILLANCE PLANS, EQUIPMENT AND USAGE
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PROTOCOLS AND THEFT AND FRAUD PREVENTION PLANS AND
COUNTERMEASURES.
(V) INFORMATION WITH RESPECT TO WHICH THERE IS A
REASONABLE POSSIBILITY THAT PUBLIC RELEASE OR INSPECTION
OF THE INFORMATION WOULD CONSTITUTE AN UNWARRANTED
INVASION INTO PERSONAL PRIVACY OF ANY INDIVIDUAL AS
DETERMINED BY THE BOARD.
(VI) RECORDS OF AN APPLICANT OR LICENSEE NOT
REQUIRED TO BE FILED WITH THE SECURITIES AND EXCHANGE
COMMISSION BY ISSUERS THAT EITHER HAVE SECURITIES
REGISTERED UNDER SECTION 12 OF THE SECURITIES EXCHANGE
ACT OF 1934 (48 STAT. 881, 15 U.S.C. § 78L) OR ARE
REQUIRED TO FILE REPORTS UNDER SECTION 15(D) OF THE
SECURITIES EXCHANGE ACT OF 1934 (48 STAT. 881, 15 U.S.C.
§ 78O).
(VII) RECORDS CONSIDERED NONPUBLIC MATTERS OR
INFORMATION BY THE SECURITIES AND EXCHANGE COMMISSION AS
PROVIDED BY 17 CFR 200.80 (RELATING TO COMMISSION RECORDS
AND INFORMATION).
(VIII) ANY FINANCIAL INFORMATION DEEMED CONFIDENTIAL
BY THE BOARD UPON A SHOWING OF GOOD CAUSE BY THE
APPLICANT OR LICENSEE.
* * *
SECTION 6. SECTION 1207(1), (3), (4), (5), (6), (8), (9),
(10) AND (21) OF TITLE 4 ARE AMENDED AND THE SECTION IS AMENDED
BY ADDING PARAGRAPHS TO READ:
§ 1207. REGULATORY AUTHORITY OF BOARD.
THE BOARD SHALL HAVE THE POWER AND ITS DUTIES SHALL BE TO:
(1) DENY, DENY THE RENEWAL, REVOKE, CONDITION OR SUSPEND
ANY LICENSE [OR], PERMIT, CERTIFICATE, REGISTRATION OR OTHER
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AUTHORIZATIONS PROVIDED FOR IN THIS PART IF THE BOARD FINDS
IN ITS SOLE DISCRETION THAT A LICENSEE [OR], PERMITTEE,
REGISTRANT OR CERTIFICATE HOLDER, INCLUDING ANY INTERACTIVE
GAMING OPERATOR, UNDER THIS PART, OR ITS OFFICERS, EMPLOYEES
OR AGENTS, HAVE FURNISHED FALSE OR MISLEADING INFORMATION TO
THE BOARD OR FAILED TO COMPLY WITH THE PROVISIONS OF THIS
PART OR THE RULES AND REGULATIONS OF THE BOARD AND THAT IT
WOULD BE IN THE PUBLIC INTEREST TO DENY, DENY THE RENEWAL,
REVOKE, CONDITION OR SUSPEND THE LICENSE [OR], PERMIT,
CERTIFICATE, REGISTRATION OR OTHER AUTHORIZATIONS.
* * *
(3) PRESCRIBE AND REQUIRE PERIODIC FINANCIAL REPORTING
AND INTERNAL CONTROL REQUIREMENTS FOR ALL LICENSED ENTITIES,
INCLUDING, IN THE CASE OF INTERACTIVE GAMING, ALL INTERACTIVE
GAMING OPERATORS.
(4) REQUIRE THAT EACH LICENSED ENTITY, INCLUDING, IN THE
CASE OF INTERACTIVE GAMING, EACH INTERACTIVE GAMING OPERATOR,
PROVIDE TO THE BOARD ITS AUDITED ANNUAL FINANCIAL STATEMENTS,
WITH SUCH ADDITIONAL DETAIL AS THE BOARD FROM TIME TO TIME
SHALL REQUIRE, WHICH INFORMATION SHALL BE SUBMITTED NOT LATER
THAN 90 DAYS AFTER THE END OF THE LICENSEE'S FISCAL YEAR.
(5) PRESCRIBE THE PROCEDURES TO BE FOLLOWED BY SLOT
MACHINE LICENSEES FOR ANY FINANCIAL EVENT THAT OCCURS IN THE
OPERATION AND PLAY OF SLOT MACHINES [OR], TABLE GAMES,
AUTHORIZED INTERACTIVE GAMES, CASINO SIMULCASTING OR MULTI-
USE COMPUTING DEVICES.
(6) PRESCRIBE CRITERIA AND CONDITIONS FOR THE OPERATION
OF SLOT MACHINE PROGRESSIVE SYSTEMS, INCLUDING MULTISTATE
WIDE-AREA PROGRESSIVE SLOT MACHINE SYSTEMS. A WIDE AREA
PROGRESSIVE SLOT SYSTEM SHALL BE COLLECTIVELY ADMINISTERED BY
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PARTICIPATING SLOT MACHINE LICENSEES IN ACCORDANCE WITH THE
TERMS OF A WRITTEN AGREEMENT EXECUTED BY EACH PARTICIPATING
SLOT MACHINE LICENSEE AND, IN THE CASE OF A MULTISTATE WIDE-
AREA PROGRESSIVE SLOT MACHINE SYSTEM, IN ACCORDANCE WITH THE
TERMS OF AN AGREEMENT EXECUTED BY THE SLOT MACHINE LICENSEE
AND AUTHORIZED GAMING ENTITIES IN OTHER STATES OR
JURISDICTIONS, AS APPROVED BY THE BOARD.
(6.1) COLLABORATE WITH THE APPROPRIATE GAMING
AUTHORITIES IN OTHER STATES OR JURISDICTIONS TO FACILITATE
THE ESTABLISHMENT OF MULTISTATE WIDE-AREA PROGRESSIVE SLOT
MACHINE SYSTEMS BY SLOT MACHINE LICENSEES IN THIS
COMMONWEALTH AND, IF DETERMINED NECESSARY, ENTER INTO THE
NECESSARY AGREEMENTS WITH SUCH OTHER STATES OR JURISDICTIONS
AS NECESSARY FOR THE OPERATION OF MULTISTATE WIDE-AREA
PROGRESSIVE SLOT MACHINE SYSTEMS BY SLOT MACHINE LICENSEES IN
THIS COMMONWEALTH.
* * *
(7.2) ENFORCE PRESCRIBED HOURS FOR THE OPERATION OF
AUTHORIZED INTERACTIVE GAMES SO THAT AN INTERACTIVE GAMING
CERTIFICATE HOLDER OR INTERACTIVE GAMING LICENSEE MAY CONDUCT
AUTHORIZED INTERACTIVE GAMES ON ANY DAY DURING THE YEAR IN
ORDER TO MEET THE NEEDS OF REGISTERED PLAYERS OR TO MEET
COMPETITION.
(7.3) IN CONSULTATION WITH THE COMMISSION , ENFORCE
PRESCRIBED HOURS OF OPERATION OF CASINO SIMULCASTING BY SLOT
MACHINE LICENSEES AND THE OPERATION OF SLOT MACHINES AT A
NONPRIMARY LOCATION BY A CATEGORY 1 SLOT MACHINE LICENSEE.
(8) REQUIRE THAT EACH LICENSED GAMING ENTITY PROHIBIT
PERSONS UNDER 21 YEARS OF AGE FROM OPERATING OR USING SLOT
MACHINES [OR], PLAYING TABLE GAMES OR PARTICIPATING IN
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INTERACTIVE GAMING AND CASINO SIMULCASTING.
(9) ESTABLISH PROCEDURES FOR THE INSPECTION AND
CERTIFICATION OF COMPLIANCE OF EACH SLOT MACHINE, TABLE GAME,
TABLE GAME DEVICE AND ASSOCIATED EQUIPMENT, INTERACTIVE GAME
AND INTERACTIVE GAMING DEVICE AND ASSOCIATED EQUIPMENT AND
CASINO SIMULCASTING TECHNOLOGY AND EQUIPMENT PRIOR TO BEING
PLACED INTO USE BY A SLOT MACHINE LICENSEE. HOWEVER, THE
BOARD SHALL COLLABORATE WITH THE COMMISSION TO FACILITATE THE
INSPECTION AND CERTIFICATION OF CASINO SIMULCASTING
TECHNOLOGY AND EQUIPMENT.
(10) REQUIRE THAT NO SLOT MACHINE OR AUTHORIZED
INTERACTIVE GAME THAT REPLICATES THE PLAY OF A SLOT MACHINE
MAY BE SET TO PAY OUT LESS THAN THE THEORETICAL PAYOUT
PERCENTAGE, WHICH SHALL BE NO LESS THAN 85%, AS SPECIFICALLY
APPROVED BY THE BOARD. THE BOARD SHALL ADOPT REGULATIONS THAT
DEFINE THE THEORETICAL PAYOUT PERCENTAGE OF A SLOT MACHINE
GAME BASED ON THE TOTAL VALUE OF THE JACKPOTS EXPECTED TO BE
PAID BY A PLAY OR A SLOT MACHINE GAME DIVIDED BY THE TOTAL
VALUE OF SLOT MACHINE WAGERS EXPECTED TO BE MADE ON THAT PLAY
OR SLOT MACHINE GAME DURING THE SAME PORTION OF THE GAME
CYCLE. IN SO DOING, THE BOARD SHALL DECIDE WHETHER THE
CALCULATION SHALL INCLUDE THE ENTIRE CYCLE OF A SLOT MACHINE
GAME OR ANY PORTION THEREOF. EXCEPT THAT, IN THE CASE OF
SKILL SLOT MACHINES AND HYBRID SLOT MACHINES, THE BOARD SHALL
ADOPT REGULATIONS TO DEFINE THE PLAYER'S WIN PERCENTAGE BASED
ON THE RELATIVE SKILL OF THE PLAYER OR THE COMBINATION OF
SKILL AND THE ELEMENTS OF CHANCE OF THE GAME. IN THE CASE OF
MULTISTATE WIDE-AREA PROGRESSIVE SLOT MACHINE SYSTEM, THE
THEORETICAL PAYOUT PERCENTAGE OR A PLAYER'S WIN PERCENTAGE
SHALL BE AS SET FORTH IN THE AGREEMENT, AS APPROVED BY THE
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BOARD.
* * *
(21) AUTHORIZE, IN ITS DISCRETION, A SLOT MACHINE
LICENSEE TO CONDUCT SLOT MACHINE CONTESTS OR TOURNAMENTS,
TABLE GAME TOURNAMENTS OR CONTESTS IN ACCORDANCE WITH SECTION
13A22.1 (RELATING TO TABLE GAME TOURNAMENTS) OR INTERACTIVE
GAMING CONTESTS OR TOURNAMENTS AND ADOPT REGULATIONS
GOVERNING THE CONDUCT OF SUCH TOURNAMENTS AND CONTESTS.
(21.1) AUTHORIZE, AT ITS DISCRETION, A SLOT MACHINE
LICENSEE TO PLACE AND MAKE MULTISTATE WIDE-AREA PROGRESSIVE
SLOT MACHINES, SKILL SLOT MACHINES OR HYBRID SLOT MACHINES
AVAILABLE FOR PLAY AT LICENSED FACILITIES.
(21.2) ADOPT AND PROMULGATE REGULATIONS TO GOVERN THE
OPERATION AND PLACEMENT OF SKILL SLOT MACHINES AND HYBRID
SLOT MACHINES BY SLOT MACHINE LICENSEES AT LICENSED
FACILITIES. IN ORDER TO FACILITATE THE OPERATION AND
PLACEMENT OF SKILL AND HYBRID SLOT MACHINES AT LICENSED
FACILITIES PURSUANT TO THIS PARAGRAPH, REGULATIONS
PROMULGATED BY THE BOARD SHALL BE DEEMED TEMPORARY
REGULATIONS WHICH SHALL EXPIRE TWO YEARS AFTER THE DATE OF
PUBLICATION IN THE PENNSYLVANIA BULLETIN.
(22) LICENSE, REGULATE, INVESTIGATE AND TAKE ANY OTHER
ACTION DETERMINED NECESSARY REGARDING ALL ASPECTS OF
INTERACTIVE GAMING, CASINO SIMULCASTING AND THE OPERATION OF
SLOT MACHINES AT NONPRIMARY LOCATIONS AND QUALIFIED AIRPORTS.
(23) DEFINE AND LIMIT THE AREAS OF OPERATION AND THE
RULES OF AUTHORIZED INTERACTIVE GAMES, INCLUDING ODDS,
DEVICES AND ASSOCIATED EQUIPMENT PERMITTED AND THE METHOD OF
OPERATION OF AUTHORIZED INTERACTIVE GAMES AND INTERACTIVE
GAMING DEVICES AND ASSOCIATED EQUIPMENT.
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(24) REQUIRE, AS APPLICABLE, THAT ALL WAGERING OFFERED
THROUGH INTERACTIVE GAMING DISPLAY ONLINE THE PERMISSIBLE
MINIMUM AND MAXIMUM WAGERS ASSOCIATED WITH EACH AUTHORIZED
INTERACTIVE GAME.
(25) ENSURE, IN CONSULTATION WITH THE COMMISSION , THAT
THE WAGERING AT CASINO SIMULCASTING FACILITIES IS CONDUCTED
IN CONFORMANCE WITH THE PARI-MUTUEL SYSTEM OF WAGERING
REGULATED BY THE COMMISSION PURSUANT TO ARTICLE XXVIII-D OF
THE ACT OF APRIL 9, 1929 (P.L.177, NO.175), KNOWN AS THE
ADMINISTRATIVE CODE OF 1929 .
(26) NEGOTIATE AND ENTER INTO INTERACTIVE GAMING
RECIPROCAL AGREEMENTS ON BEHALF OF THE COMMONWEALTH TO GOVERN
THE CONDUCT OF INTERACTIVE GAMING BETWEEN INTERACTIVE GAMING
CERTIFICATE HOLDERS IN THIS COMMONWEALTH AND GAMING ENTITIES
OF OTHER STATES OR JURISDICTIONS. NOTWITHSTANDING ANY
PROVISION OF THIS PART, WAGERS MAY BE ACCEPTED IN ACCORDANCE
WITH THIS PART AND REGULATIONS OF THE BOARD FROM PERSONS IN
OTHER STATES OR JURISDICTIONS IF THE BOARD DETERMINES THAT
SUCH WAGERING IS NOT INCONSISTENT WITH FEDERAL LAW OR THE LAW
OF THE STATE OR JURISDICTION, INCLUDING A FOREIGN
JURISDICTION, IN WHICH THE PERSON IS LOCATED, OR SUCH
WAGERING IS CONDUCTED PURSUANT TO AN INTERACTIVE GAMING
RECIPROCAL AGREEMENT TO WHICH THIS COMMONWEALTH IS A PARTY
THAT IS NOT INCONSISTENT WITH FEDERAL LAW. THE BOARD, WITH
THE APPROVAL OF THE GOVERNOR, IS HEREBY DESIGNATED AS THE
AGENCY OF THE COMMONWEALTH WITH THE SOLE POWER AND AUTHORITY
TO ENTER INTO INTERACTIVE GAMING RECIPROCAL AGREEMENTS WITH
OTHER STATES OR JURISDICTIONS.
(27) ENTER INTO AGREEMENTS WITH OTHER STATES FOR THE
OPERATION OF MULTISTATE WIDE-AREA PROGRESSIVE SLOT MACHINE
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SYSTEMS.
(28) AUTHORIZE A CATEGORY 2 OR CATEGORY 3 SLOT MACHINE
LICENSEE TO ENTER INTO AN AGREEMENT WITH A CATEGORY 1 SLOT
MACHINE LICENSEE FOR THE CONDUCT OF CASINO SIMULCASTING UNDER
THE CATEGORY 1 SLOT MACHINE LICENSEE'S AUTHORITY AS A
LICENSED RACING ENTITY, IF SUCH AGREEMENT IS APPROVED BY THE
BOARD AND BY THE COMMISSION, PURSUANT TO THE COMMISSION'S
AUTHORITY UNDER ARTICLE XXVIII-D OF THE ADMINISTRATIVE CODE
OF 1929.
(29) ADOPT, IN CONSULTATION WITH THE COMMISSION,
REGULATIONS TO GOVERN THE CONDUCT OF CASINO SIMULCASTING BY A
CATEGORY 2 OR CATEGORY 3 SLOT MACHINE LICENSEE IN ACCORDANCE
WITH PARAGRAPH (28).
(30) ADOPT AND PROMULGATE REGULATIONS TO GOVERN THE
INSTALLATION OF VIDEO DISPLAY TECHNOLOGY IN APPROVED AREAS OF
A CATEGORY 1 LICENSED FACILITY TO ENABLE THE DELIVERY OF
SIMULCAST HORSE RACE MEETINGS TO PATRONS THROUGH VIDEO WALLS
AND OTHER SUCH VIDEO DISPLAY TECHNOLOGY. THE BOARD MAY
CONSULT WITH THE COMMISSION TO FACILITATE THE INSTALLATION OF
VIDEO DISPLAY MONITORS IN ACCORDANCE WITH THIS PARAGRAPH AND
TO FACILITATE THE CONDUCT OF CASINO SIMULCASTING UNDER
PARAGRAPH (28).
SECTION 7. SECTION 1209(B) OF TITLE 4 IS AMENDED TO READ:
§ 1209. SLOT MACHINE LICENSE FEE.
* * *
(B) TERM.--A SLOT MACHINE LICENSE, AFTER PAYMENT OF THE FEE,
SHALL BE IN EFFECT UNLESS SUSPENDED, REVOKED OR NOT RENEWED BY
THE BOARD UPON GOOD CAUSE CONSISTENT WITH THE LICENSE
REQUIREMENTS AS PROVIDED FOR IN THIS PART. SLOT MACHINE
LICENSEES SHALL BE REQUIRED TO UPDATE THE INFORMATION IN THEIR
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INITIAL APPLICATIONS ANNUALLY, AND THE LICENSE OF A LICENSEE IN
GOOD STANDING SHALL BE RENEWED EVERY [THREE] FIVE YEARS. NOTHING
IN THIS SUBSECTION SHALL RELIEVE A LICENSEE OF THE AFFIRMATIVE
DUTY TO NOTIFY THE BOARD OF ANY CHANGES RELATING TO THE STATUS
OF ITS LICENSE OR TO ANY OTHER INFORMATION CONTAINED IN THE
APPLICATION MATERIALS ON FILE WITH THE BOARD. AS TO THE RENEWAL
OF A LICENSE, EXCEPT AS REQUIRED IN SUBSECTION (F)(3), NO
ADDITIONAL LICENSE FEE PURSUANT TO SUBSECTION (A) SHALL BE
REQUIRED.
* * *
SECTION 8. SECTION 1211 OF TITLE 4 IS AMENDED BY ADDING
SUBSECTIONS TO READ:
§ 1211. REPORTS OF BOARD.
* * *
(A.4) INTERACTIVE GAMING REPORTING REQUIREMENTS.--
(1) THE ANNUAL REPORT SUBMITTED BY THE BOARD IN
ACCORDANCE WITH SUBSECTION (A) SHALL INCLUDE INFORMATION ON
THE CONDUCT OF INTERACTIVE GAMES AS FOLLOWS:
(I) TOTAL GROSS INTERACTIVE GAMING REVENUE.
(II) THE NUMBER AND WIN BY TYPE OF AUTHORIZED
INTERACTIVE GAME AT EACH LICENSED FACILITY CONDUCTING
INTERACTIVE GAMING DURING THE PREVIOUS YEAR.
(III) ALL TAXES, FEES, FINES AND OTHER REVENUE
COLLECTED AND, WHERE APPROPRIATE, REVENUE DISBURSED
DURING THE PREVIOUS YEAR. THE DEPARTMENT SHALL
COLLABORATE WITH THE BOARD TO CARRY OUT THE REQUIREMENTS
OF THIS SUBPARAGRAPH.
(2) THE BOARD MAY REQUIRE INTERACTIVE GAMING CERTIFICATE
HOLDERS AND OTHER PERSONS INVOLVED IN THE OPERATION OF
INTERACTIVE GAMING ON BEHALF OF A SLOT MACHINE LICENSEE TO
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PROVIDE INFORMATION TO THE BOARD TO ASSIST IN THE PREPARATION
OF THE REPORT.
* * *
(D.1) IMPACT OF INTERACTIVE GAMING, ANNUAL REPORT.--ONE YEAR
AFTER THE ISSUANCE OF THE FIRST INTERACTIVE GAMING CERTIFICATE,
AN ANNUAL REPORT SHALL BE PREPARED AND DISTRIBUTED TO THE
GOVERNOR AND THE STANDING COMMITTEES OF THE GENERAL ASSEMBLY
WITH JURISDICTION OVER THIS PART ON THE IMPACT OF INTERACTIVE
GAMING ON COMPULSIVE AND PROBLEM GAMBLING AND GAMBLING ADDICTION
IN THIS COMMONWEALTH. THE REPORT SHALL BE PREPARED BY A PRIVATE
ORGANIZATION OR ENTITY WITH EXPERTISE IN SERVING AND TREATING
THE NEEDS OF PERSONS WITH COMPULSIVE GAMBLING ADDICTIONS, WHICH
ORGANIZATION OR ENTITY SHALL BE SELECTED BY THE DEPARTMENT OF
DRUG AND ALCOHOL PROGRAMS. THE REPORT MAY BE PREPARED AND
DISTRIBUTED IN COORDINATION WITH THE BOARD. ANY COSTS ASSOCIATED
WITH THE PREPARATION AND DISTRIBUTION OF THE REPORT SHALL BE
BORNE BY SLOT MACHINE LICENSEES WHO HAVE BEEN AUTHORIZED BY THE
BOARD TO CONDUCT INTERACTIVE GAMING. THE BOARD SHALL BE
AUTHORIZED TO ASSESS A FEE AGAINST EACH SLOT MACHINE LICENSEE
FOR THESE PURPOSES.
(D.2) ADDITIONAL INFORMATION AND ANNUAL REPORTING.--
(1) ONE YEAR AFTER THE COMMENCEMENT OF CASINO
SIMULCASTING IN ACCORDANCE WITH CHAPTER 13F (RELATING TO
CASINO SIMULCASTING), THE OPERATION OF SKILL SLOT MACHINES,
HYBRID SLOT MACHINES, THE OPERATION OF SLOT MACHINES AT
NONPRIMARY LOCATIONS IN ACCORDANCE WITH CHAPTER 13D (RELATING
TO SLOT MACHINES AT NONPRIMARY LOCATIONS) AND THE OPERATION
OF A MULTISTATE WIDE-AREA SLOT MACHINE SYSTEM, THE REPORT
REQUIRED UNDER SUBSECTION (A) SHALL INCLUDE INFORMATION
RELATED TO THE FOLLOWING:
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(I) THE CONDUCT OF CASINO SIMULCASTING.
(II) THE OPERATION OF SKILL SLOT MACHINES AND HYBRID
SLOT MACHINES.
(III) THE OPERATION OF A MULTISTATE WIDE-AREA
PROGRESSIVE SLOT MACHINE SYSTEM.
(IV) THE OPERATION OF SLOT MACHINES AT NONPRIMARY
LOCATIONS.
(2) INFORMATION ON REVENUE, TAXES, FEES AND FINES, IF
ANY, COLLECTED DURING THE PRECEDING CALENDAR YEAR AND ANY
OTHER INFORMATION, DATA OR RECOMMENDATIONS RELATED TO THE
CONDUCT OF CASINO SIMULCASTING, THE OPERATION OF MULTISTATE
WIDE-AREA PROGRESSIVE SLOT MACHINES, SKILL SLOT MACHINES AND
HYBRID SLOT MACHINES AND THE OPERATION OF SLOT MACHINES AT
NONPRIMARY LOCATIONS AS DETERMINED BY THE BOARD, IN
CONSULTATION WITH THE COMMISSION, TO BE NECESSARY UNDER THIS
PART SHALL BE INCLUDED IN THE REPORT.
(D.3) ANNUAL REPORT.--IN ADDITION TO ITS DUTIES UNDER
SUBSECTION (D), THE BOARD SHALL HAVE THE CONTINUING DUTY TO
STUDY AND ANNUALLY REPORT TO THE CHAIRPERSON AND MINORITY
CHAIRPERSON OF THE COMMUNITY, ECONOMIC AND RECREATIONAL
DEVELOPMENT COMMITTEE OF THE SENATE AND TO THE CHAIRPERSON AND
MINORITY CHAIRPERSON OF THE GAMING OVERSIGHT COMMITTEE OF THE
HOUSE OF REPRESENTATIVES ON DEVELOPMENTS IN GAMING TECHNOLOGY
AND THE IMPACT, IF ANY, NEW TECHNOLOGIES ARE HAVING OR WILL HAVE
ON THE SUSTAINABILITY AND COMPETITIVENESS OF THE COMMERCIAL
GAMING INDUSTRY IN THIS COMMONWEALTH. THE REPORT SHALL
SPECIFICALLY ADDRESS THE FOLLOWING:
(1) AWARENESS AND GROWTH, TO THE EXTENT KNOWN, OF ANY
UNREGULATED COMMERCIAL GAMING PRODUCTS, SUCH AS E-SPORTS AND
OTHER SUCH DIGITAL-BASED COMPUTER OR VIDEO TECHNOLOGY.
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(2) NEW GAMING PRODUCTS, IF ANY, WHICH HAVE BEEN
INTRODUCED IN OTHER JURISDICTIONS, BOTH FOREIGN AND DOMESTIC.
(3) ANY GAMING PRODUCTS WHICH THE BOARD MAY HAVE THE
AUTHORITY TO AUTHORIZE PURSUANT TO ITS REGULATORY AUTHORITY
UNDER THIS PART.
(4) ANY LEGISLATIVE OR ADMINISTRATIVE CONCERNS REGARDING
TRADITIONAL, NEW OR EMERGING GAMING TECHNOLOGIES WITH
RECOMMENDATIONS REGARDING RESOLUTION OF SUCH CONCERNS.
(D.4) TIME OF SUBMISSION AND REPORTS.--NOTWITHSTANDING ANY
PROVISION OF THIS PART, ALL REPORTS AND STUDIES REQUIRED TO BE
SUBMITTED UNDER SUBSECTIONS (D.1), (D.2) AND (D.3) AFTER THE
EFFECTIVE DATE OF THIS SUBSECTION SHALL BE SUBMITTED INITIALLY
BY OCTOBER 1, 2017, AND BY OCTOBER 1 OF EACH YEAR THEREAFTER.
* * *
SECTION 9. SECTION 1212(E) OF TITLE 4 IS AMENDED BY ADDING
PARAGRAPHS TO READ:
§ 1212. DIVERSITY GOALS OF BOARD.
* * *
(E) DEFINITION.--AS USED IN THIS SECTION, THE TERM
"PROFESSIONAL SERVICES" MEANS THOSE SERVICES RENDERED TO A SLOT
MACHINE LICENSEE WHICH RELATE TO A LICENSED FACILITY IN THIS
COMMONWEALTH, INCLUDING, BUT NOT LIMITED TO:
* * *
(9) TECHNOLOGY RELATED TO INTERACTIVE GAMING AND
INTERACTIVE GAMING DEVICES AND ASSOCIATED EQUIPMENT.
(10) TECHNOLOGY RELATED TO CASINO SIMULCASTING.
SECTION 10. SECTION 1305 OF TITLE 4 IS AMENDED TO READ:
§ 1305. CATEGORY 3 SLOT MACHINE LICENSE.
(A) ELIGIBILITY.--
(1) A PERSON MAY BE ELIGIBLE TO APPLY FOR A CATEGORY 3
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SLOT MACHINE LICENSE IF THE APPLICANT, ITS AFFILIATE,
INTERMEDIARY, SUBSIDIARY OR HOLDING COMPANY HAS NOT APPLIED
FOR OR BEEN APPROVED OR ISSUED A CATEGORY 1 OR CATEGORY 2
SLOT MACHINE LICENSE AND THE PERSON IS SEEKING TO LOCATE A
CATEGORY 3 LICENSED FACILITY IN A WELL-ESTABLISHED RESORT
HOTEL HAVING NO FEWER THAN 275 GUEST ROOMS UNDER COMMON
OWNERSHIP AND HAVING SUBSTANTIAL YEAR-ROUND [RECREATIONAL]
GUEST AMENITIES. THE APPLICANT FOR A CATEGORY 3 LICENSE SHALL
BE THE OWNER OR BE A WHOLLY OWNED SUBSIDIARY OF THE OWNER OF
THE WELL-ESTABLISHED RESORT HOTEL. [A CATEGORY 3 LICENSE MAY
ONLY BE GRANTED UPON THE EXPRESS CONDITION THAT AN INDIVIDUAL
MAY NOT ENTER A GAMING AREA OF THE LICENSED FACILITY IF THE
INDIVIDUAL IS NOT ANY OF THE FOLLOWING:
(I) A REGISTERED OVERNIGHT GUEST OF THE WELL-
ESTABLISHED RESORT HOTEL.
(II) A PATRON OF ONE OR MORE OF THE AMENITIES
PROVIDED BY THE WELL-ESTABLISHED RESORT HOTEL.
(III) AN AUTHORIZED EMPLOYEE OF THE SLOT MACHINE
LICENSEE, OF A GAMING SERVICE PROVIDER, OF THE BOARD OR
OF ANY REGULATORY, EMERGENCY RESPONSE OR LAW ENFORCEMENT
AGENCY WHILE ENGAGED IN THE PERFORMANCE OF THE EMPLOYEE'S
DUTIES.
(IV) AN INDIVIDUAL HOLDING A VALID MEMBERSHIP
APPROVED IN ACCORDANCE WITH PARAGRAPH (1.1) OR A GUEST OF
SUCH INDIVIDUAL.
(1.1) THE BOARD MAY APPROVE A SEASONAL OR YEAR-ROUND
MEMBERSHIP THAT ALLOWS AN INDIVIDUAL TO USE ONE OR MORE OF
THE AMENITIES PROVIDED BY THE WELL-ESTABLISHED RESORT HOTEL
HOLDING A CATEGORY 3 SLOT MACHINE LICENSE. THE MEMBERSHIP
SHALL ALLOW THE MEMBER AND ONE GUEST TO ENTER THE GAMING
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FLOOR AT ANY TIME AS LONG AS THE GUEST IS ACCOMPANIED BY THE
INDIVIDUAL OWNING OR HOLDING THE MEMBERSHIP. THE BOARD SHALL
BASE ITS APPROVAL OF A MEMBERSHIP ON ALL OF THE FOLLOWING:
(I) THE DURATION OF THE MEMBERSHIP.
(II) THE AMENITY COVERED BY THE MEMBERSHIP.
(III) WHETHER THE FEE CHARGED FOR THE MEMBERSHIP
REPRESENTS THE FAIR MARKET VALUE FOR THE USE OF THE
AMENITY.]
(2) NOTWITHSTANDING SECTION 1512(A) AND (A.1) (RELATING
TO PUBLIC OFFICIAL FINANCIAL INTEREST), IF AT THE TIME OF
APPLICATION AN APPLICANT HAS TERMINATED PUBLIC OFFICE OR
EMPLOYMENT AS AN EXECUTIVE-LEVEL PUBLIC EMPLOYEE WITHIN THE
LAST CALENDAR YEAR, THE APPLICANT SHALL BE ELIGIBLE TO APPLY
FOR A SLOT MACHINE LICENSE UNDER THIS SECTION BUT MAY NOT BE
ISSUED A LICENSE UNTIL ONE YEAR FOLLOWING THE DATE OF
TERMINATION AS A PUBLIC OFFICIAL OR EXECUTIVE-LEVEL PUBLIC
EMPLOYEE. AN APPLICATION SUBMITTED IN ACCORDANCE WITH THIS
PARAGRAPH SHALL NOT CONSTITUTE A VIOLATION OF SECTION 1512(A)
OR (A.1).
(3) IF THE PERSON SEEKING A SLOT MACHINE LICENSE
PROPOSES TO PLACE THE LICENSED FACILITY UPON LAND DESIGNATED
A SUBZONE, AN EXPANSION SUBZONE OR AN IMPROVEMENT SUBZONE
UNDER THE ACT OF OCTOBER 6, 1998 (P.L.705, NO.92), KNOWN AS
THE KEYSTONE OPPORTUNITY ZONE, KEYSTONE OPPORTUNITY EXPANSION
ZONE AND KEYSTONE OPPORTUNITY IMPROVEMENT ZONE ACT, THE
PERSON SHALL, AT ANY TIME PRIOR TO THE APPLICATION BEING
APPROVED, SUBMIT A STATEMENT WAIVING THE EXEMPTIONS,
DEDUCTIONS, ABATEMENTS OR CREDITS GRANTED UNDER THE KEYSTONE
OPPORTUNITY ZONE, KEYSTONE OPPORTUNITY EXPANSION ZONE AND
KEYSTONE OPPORTUNITY IMPROVEMENT ZONE ACT IF THE BOARD
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APPROVES THE APPLICATION.
(B) LOCATION.--THE FOLLOWING SHALL APPLY:
(1) [EXCEPT AS PROVIDED IN PARAGRAPH (1.1), NO] NO
CATEGORY 3 LICENSE SHALL BE LOCATED BY THE BOARD WITHIN 15
LINEAR MILES OF ANOTHER LICENSED FACILITY.
(1.1) A CATEGORY 3 LICENSE ESTABLISHED ON OR AFTER [JULY
20, 2017] JANUARY 1, 2016, SHALL [NOT BE LOCATED BY THE BOARD
WITHIN 30 LINEAR MILES OF ANOTHER LICENSED FACILITY.] ONLY BE
LOCATED IN A COUNTY THAT:
(I) DOES NOT CONTAIN A LICENSED FACILITY; AND
(II) DOES NOT SHARE A GEOGRAPHIC BORDER AT ANY POINT
WITH A COUNTY WHERE A LICENSED FACILITY, REGARDLESS OF
CATEGORY, IS LOCATED OR MAY BE LOCATED.
(2) WITHIN FIVE DAYS OF APPROVING A LICENSE FOR AN
APPLICANT WITH A PROPOSED LICENSED FACILITY CONSISTING OF
LAND DESIGNATED A SUBZONE, AN EXPANSION SUBZONE OR AN
IMPROVEMENT SUBZONE UNDER THE KEYSTONE OPPORTUNITY ZONE,
KEYSTONE OPPORTUNITY EXPANSION ZONE AND KEYSTONE OPPORTUNITY
IMPROVEMENT ZONE ACT FOR A SLOT MACHINE LICENSE UNDER THIS
SECTION, THE BOARD SHALL NOTIFY THE DEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT. THE NOTICE SHALL INCLUDE A
DESCRIPTION OF THE LAND OF THE PROPOSED LICENSED FACILITY
WHICH IS DESIGNATED A SUBZONE, AN EXPANSION SUBZONE OR AN
IMPROVEMENT SUBZONE. WITHIN FIVE DAYS OF RECEIVING THE NOTICE
REQUIRED BY THIS PARAGRAPH, THE SECRETARY OF COMMUNITY AND
ECONOMIC DEVELOPMENT SHALL DECERTIFY THE LAND OF THE PROPOSED
LICENSE FACILITY AS BEING A SUBZONE, AN EXPANSION SUBZONE OR
AN IMPROVEMENT SUBZONE. UPON DECERTIFICATION IN ACCORDANCE
WITH THIS PARAGRAPH AND NOTWITHSTANDING CHAPTER 3 OF THE
KEYSTONE OPPORTUNITY ZONE, KEYSTONE OPPORTUNITY EXPANSION
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ZONE AND KEYSTONE OPPORTUNITY IMPROVEMENT ZONE ACT, A
POLITICAL SUBDIVISION MAY AMEND THE ORDINANCE, RESOLUTION OR
OTHER REQUIRED ACTION WHICH GRANTED THE EXEMPTIONS,
DEDUCTIONS, ABATEMENTS OR CREDITS REQUIRED BY THE KEYSTONE
OPPORTUNITY ZONE, KEYSTONE OPPORTUNITY EXPANSION ZONE AND
KEYSTONE OPPORTUNITY IMPROVEMENT ZONE ACT TO REPEAL THE
EXEMPTIONS, DEDUCTIONS, ABATEMENTS OR CREDITS FOR THE LAND
DECERTIFIED.
(C) NUMBER OF SLOT MACHINES.--NOTWITHSTANDING THE NUMBER OF
PERMISSIBLE SLOT MACHINES AS SET FORTH IN SECTION 1210 (RELATING
TO NUMBER OF SLOT MACHINES), A CATEGORY 3 LICENSE GRANTED UNDER
THE PROVISIONS OF THIS SECTION SHALL ENTITLE THE LICENSED ENTITY
TO OPERATE NO MORE THAN 500 SLOT MACHINES AT THE LICENSED
FACILITY, PROVIDED, HOWEVER, A CATEGORY 3 SLOT MACHINE LICENSEE
HOLDING A TABLE GAME OPERATION CERTIFICATE SHALL BE ENTITLED TO
OPERATE NO MORE THAN 600 SLOT MACHINES AT ITS LICENSED FACILITY.
(C.1) ADDITIONAL SLOT MACHINES.--UPON SUBMISSION OF A
PETITION TO THE BOARD, IN SUCH FORM AND MANNER AS THE BOARD MAY
REQUIRE, THE BOARD MAY AUTHORIZE THE CATEGORY 3 SLOT MACHINE
LICENSEE TO INCREASE THE NUMBER OF SLOT MACHINES AT ITS LICENSED
FACILITY. AN INCREASE IN THE NUMBER OF SLOT MACHINES BY A
CATEGORY 3 SLOT MACHINE LICENSEE PURSUANT TO THIS SUBSECTION MAY
NOT, AT THE DISCRETION OF THE BOARD, EXCEED 250 ADDITIONAL SLOT
MACHINES, WHICH SHALL BE IN ADDITION TO THE NUMBER OF
PERMISSIBLE SLOT MACHINES AUTHORIZED UNDER SUBSECTION (C).
(C.2) INCREASE IN NUMBER.--UPON SUBMISSION OF A PETITION TO
THE BOARD IN SUCH FORM AND MANNER AS THE BOARD MAY REQUIRE, THE
BOARD MAY AUTHORIZE THE CATEGORY 3 SLOT MACHINE LICENSEE TO
INCREASE THE NUMBER OF SLOT MACHINES AT ITS LICENSED FACILITY
FOR THE CONDUCT OF A SLOT MACHINE TOURNAMENT OR CONTEST. AN
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INCREASE IN THE NUMBER OF SLOT MACHINES BY A CATEGORY 3 SLOT
MACHINE LICENSEE UNDER THIS SUBSECTION MAY NOT, AT THE
DISCRETION OF THE BOARD, EXCEED 75 ADDITIONAL SLOT MACHINES,
WHICH SHALL BE IN ADDITION TO THE NUMBER OF PERMISSIBLE SLOT
MACHINES AUTHORIZED UNDER SUBSECTIONS (C) AND (C.1).
(D) CATEGORY 3 LICENSE FEE.--THE BOARD SHALL IMPOSE A ONE-
TIME CATEGORY 3 LICENSE FEE TO BE PAID BY EACH SUCCESSFUL
APPLICANT IN THE AMOUNT OF $5,000,000 TO BE DEPOSITED IN THE
STATE GAMING FUND. THE PROVISIONS OF SECTION 1209(B), (C), (D)
AND (E) SHALL APPLY TO A CATEGORY 3 LICENSEE[.], EXCEPT THAT THE
HOLDER OF A CATEGORY 3 SLOT MACHINE LICENSE APPROVED AND ISSUED
BY THE BOARD ON OR AFTER JANUARY 1, 2016, SHALL PAY A FEE OF
$8,500,000 FOR DEPOSIT IN THE GENERAL FUND.
(D.1) ADDITIONAL FEE.--NOTWITHSTANDING SUBSECTION (D), NO
LATER THAN 60 DAYS AFTER THE EFFECTIVE DATE OF SUBSECTION (A),
EACH HOLDER OF AN EXISTING CATEGORY 3 SLOT MACHINE LICENSE
ISSUED BY THE BOARD BEFORE JANUARY 1, 2016, SHALL PAY A ONE-TIME
FEE OF $1,000,000 FOR DEPOSIT IN THE GENERAL FUND.
(D.2) FEE FOR ADDITIONAL SLOT MACHINES.--NOTWITHSTANDING
SUBSECTION (D), NO LATER THAN 60 DAYS AFTER THE BOARD APPROVES A
REQUEST FOR AN INCREASE IN THE NUMBER OF SLOT MACHINES SUBMITTED
BY A CATEGORY 3 SLOT MACHINE LICENSEE IN ACCORDANCE WITH
SUBSECTION (C.1), THE CATEGORY 3 SLOT MACHINE LICENSEE SHALL PAY
A ONE-TIME FEE OF $2,500,000 FOR DEPOSIT INTO THE GENERAL FUND.
[(E) DEFINITIONS.--FOR THE PURPOSE OF SUBSECTION (A), THE
FOLLOWING WORDS AND PHRASES SHALL HAVE THE MEANING GIVEN TO THEM
IN THIS SUBSECTION:
"AMENITIES." ANY ANCILLARY ACTIVITIES, SERVICES OR
FACILITIES IN WHICH A REGISTERED GUEST OR THE TRANSIENT PUBLIC,
IN RETURN FOR NON-DE MINIMIS CONSIDERATION AS DEFINED BY BOARD
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REGULATION, MAY PARTICIPATE AT A WELL-ESTABLISHED RESORT HOTEL,
INCLUDING, BUT NOT LIMITED TO, SPORTS AND RECREATIONAL
ACTIVITIES AND FACILITIES SUCH AS A GOLF COURSE OR GOLF DRIVING
RANGE, TENNIS COURTS OR SWIMMING POOL; HEALTH SPA; CONVENTION,
MEETING AND BANQUET FACILITIES; ENTERTAINMENT FACILITIES; AND
RESTAURANT FACILITIES.
"PATRON OF THE AMENITIES." ANY INDIVIDUAL WHO IS A
REGISTERED ATTENDEE OF A CONVENTION, MEETING OR BANQUET EVENT OR
A PARTICIPANT IN A SPORT OR RECREATIONAL EVENT OR ANY OTHER
SOCIAL, CULTURAL OR BUSINESS EVENT HELD AT A RESORT HOTEL OR WHO
PARTICIPATES IN ONE OR MORE OF THE AMENITIES PROVIDED TO
REGISTERED GUESTS OF THE WELL-ESTABLISHED RESORT HOTEL.]
SECTION 11. SECTION 1309(A.1) HEADING OF TITLE 4 IS AMENDED
AND THE SUBSECTION IS AMENDED BY ADDING A PARAGRAPH TO READ:
§ 1309. SLOT MACHINE LICENSE APPLICATION.
* * *
(A.1) TABLE GAMES AND INTERACTIVE GAMING INFORMATION.--
* * *
(3) NOTWITHSTANDING PARAGRAPH (2), THE BOARD MAY PERMIT
AN APPLICANT FOR A SLOT MACHINE LICENSE THAT HAS AN
APPLICATION PENDING BEFORE THE BOARD TO SUPPLEMENT ITS
APPLICATION WITH ALL INFORMATION REQUIRED UNDER CHAPTERS 13B
(RELATING TO INTERACTIVE GAMING) AND 13D (RELATING TO SLOT
MACHINES AT NONPRIMARY LOCATIONS) AND TO REQUEST THAT THE
BOARD CONSIDER ITS APPLICATION FOR A SLOT MACHINE LICENSE, A
TABLE GAME OPERATION CERTIFICATE, AN INTERACTIVE GAMING
CERTIFICATE OR A NONPRIMARY LOCATION PERMIT CONCURRENTLY. ALL
FEES FOR AN INTERACTIVE GAMING CERTIFICATE AND A NONPRIMARY
LOCATION PERMIT SHALL BE PAID BY THE APPLICANT IN ACCORDANCE
WITH THE REQUIREMENTS OF THIS PART.
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* * *
SECTION 12. SECTIONS 1317(A) AND (C) AND 1317.1(A), (B),
(C), (C.1), (D.1) AND (E) OF TITLE 4 ARE AMENDED AND THE
SECTIONS ARE AMENDED BY ADDING SUBSECTIONS TO READ:
§ 1317. SUPPLIER LICENSES.
(A) APPLICATION.--A MANUFACTURER THAT ELECTS TO CONTRACT
WITH A SUPPLIER UNDER SECTION 1317.1(D.1) (RELATING TO
MANUFACTURER LICENSES) SHALL ENSURE THAT THE SUPPLIER IS
APPROPRIATELY LICENSED UNDER THIS SECTION. A PERSON SEEKING TO
PROVIDE SLOT MACHINES, TABLE GAME DEVICES OR ASSOCIATED
EQUIPMENT, INTERACTIVE GAMING DEVICES OR ASSOCIATED EQUIPMENT OR
MULTI-USE COMPUTING DEVICES TO A SLOT MACHINE LICENSEE OR AN
INTERACTIVE GAMING LICENSEE WITHIN THIS COMMONWEALTH THROUGH A
CONTRACT WITH A LICENSED MANUFACTURER SHALL APPLY TO THE BOARD
FOR THE APPROPRIATE SUPPLIER LICENSE.
* * *
(C) REVIEW AND APPROVAL.--UPON BEING SATISFIED THAT THE
REQUIREMENTS OF SUBSECTION (B) HAVE BEEN MET, THE BOARD MAY
APPROVE THE APPLICATION AND ISSUE THE APPLICANT A SUPPLIER
LICENSE CONSISTENT WITH ALL OF THE FOLLOWING:
(1) THE [INITIAL LICENSE SHALL BE FOR A PERIOD OF ONE
YEAR, AND, IF RENEWED UNDER SUBSECTION (D), THE] LICENSE
SHALL BE ISSUED FOR A PERIOD OF [THREE] FIVE YEARS AND SHALL
BE RENEWED IN ACCORDANCE WITH SUBSECTION (D). NOTHING IN THIS
PARAGRAPH SHALL RELIEVE A LICENSEE OF THE AFFIRMATIVE DUTY TO
NOTIFY THE BOARD OF ANY CHANGES RELATING TO THE STATUS OF ITS
LICENSE OR TO ANY INFORMATION CONTAINED IN THE APPLICATION
MATERIALS ON FILE WITH THE BOARD.
(2) THE LICENSE SHALL BE NONTRANSFERABLE.
(3) ANY OTHER CONDITION ESTABLISHED BY THE BOARD.
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* * *
(C.2) ABBREVIATED PROCESS FOR SUPPLIER.--
(1) NOTWITHSTANDING SUBSECTION (C.1)(1) OR ANY
REGULATIONS OF THE BOARD TO THE CONTRARY, THE BOARD MAY
EXTEND THE USE OF THE ABBREVIATED PROCESS AUTHORIZED UNDER
SUBSECTION (C.1) TO AN APPLICANT FOR A SUPPLIER LICENSE TO
SUPPLY SLOT MACHINES USED IN A MULTISTATE WIDE-AREA
PROGRESSIVE SLOT MACHINE SYSTEM, SKILL SLOT MACHINES, HYBRID
SLOT MACHINES AND DEVICES OR ASSOCIATED EQUIPMENT USED IN
CONNECTION WITH MULTISTATE WIDE-AREA PROGRESSIVE SLOT MACHINE
SYSTEMS, SKILL OR HYBRID SLOT MACHINES, INTERACTIVE GAMING
DEVICES OR ASSOCIATED EQUIPMENT USED IN CONNECTION WITH
INTERACTIVE GAMING, INCLUDING MULTI-USE COMPUTING DEVICES, IF
THE APPLICANT HOLDS A VALID SUPPLIER LICENSE ISSUED BY THE
BOARD TO SUPPLY SLOT MACHINES OR ASSOCIATED EQUIPMENT OR
TABLE GAMES OR TABLE GAME DEVICES AND ASSOCIATED EQUIPMENT.
THE REQUIREMENTS OF SUBSECTION (C.1)(2) AND (3) SHALL APPLY
TO THIS SUBSECTION.
(2) AN APPLICANT FOR A SUPPLIER'S LICENSE TO SUPPLY SLOT
MACHINES USED IN A MULTISTATE WIDE-AREA PROGRESSIVE SYSTEMS,
SKILL OR HYBRID SLOT MACHINES OR ASSOCIATED EQUIPMENT OR
INTERACTIVE GAMING DEVICES OR ASSOCIATED EQUIPMENT SHALL BE
SUBJECT TO THE APPLICABLE PROVISIONS OF THIS PART.
* * *
§ 1317.1. MANUFACTURER LICENSES.
(A) APPLICATION.--A PERSON SEEKING TO MANUFACTURE SLOT
MACHINES, TABLE GAME DEVICES AND ASSOCIATED EQUIPMENT OR
INTERACTIVE GAMING DEVICES AND ASSOCIATED EQUIPMENT FOR USE IN
THIS COMMONWEALTH SHALL APPLY TO THE BOARD FOR A MANUFACTURER
LICENSE.
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(B) REQUIREMENTS.--AN APPLICATION FOR A MANUFACTURER LICENSE
SHALL BE ON THE FORM REQUIRED BY THE BOARD, ACCOMPANIED BY THE
APPLICATION FEE, AND SHALL INCLUDE ALL OF THE FOLLOWING:
(1) THE NAME AND BUSINESS ADDRESS OF THE APPLICANT AND
THE APPLICANT'S AFFILIATES, INTERMEDIARIES, SUBSIDIARIES AND
HOLDING COMPANIES; THE PRINCIPALS AND KEY EMPLOYEES OF EACH
BUSINESS; AND A LIST OF EMPLOYEES AND THEIR POSITIONS WITHIN
EACH BUSINESS, AS WELL AS ANY FINANCIAL INFORMATION REQUIRED
BY THE BOARD.
(2) A STATEMENT THAT THE APPLICANT AND EACH AFFILIATE,
INTERMEDIARY, SUBSIDIARY OR HOLDING COMPANY OF THE APPLICANT
ARE NOT SLOT MACHINE LICENSEES.
(3) THE CONSENT TO A BACKGROUND INVESTIGATION OF THE
APPLICANT, ITS PRINCIPALS AND KEY EMPLOYEES OR OTHER PERSONS
REQUIRED BY THE BOARD AND A RELEASE TO OBTAIN ANY AND ALL
INFORMATION NECESSARY FOR THE COMPLETION OF THE BACKGROUND
INVESTIGATION.
(4) THE DETAILS OF ANY EQUIVALENT LICENSE GRANTED OR
DENIED BY OTHER JURISDICTIONS WHERE GAMING ACTIVITIES AS
AUTHORIZED BY THIS PART ARE PERMITTED AND CONSENT FOR THE
BOARD TO ACQUIRE COPIES OF APPLICATIONS SUBMITTED OR LICENSES
ISSUED IN CONNECTION THEREWITH.
(5) THE TYPE OF SLOT MACHINES, TABLE GAME DEVICES OR
ASSOCIATED EQUIPMENT OR INTERACTIVE GAMING DEVICES OR
ASSOCIATED EQUIPMENT TO BE MANUFACTURED OR REPAIRED.
(6) ANY OTHER INFORMATION DETERMINED BY THE BOARD TO BE
APPROPRIATE.
(C) REVIEW AND APPROVAL.--UPON BEING SATISFIED THAT THE
REQUIREMENTS OF SUBSECTION (B) HAVE BEEN MET, THE BOARD MAY
APPROVE THE APPLICATION AND GRANT THE APPLICANT A MANUFACTURER
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LICENSE CONSISTENT WITH ALL OF THE FOLLOWING:
(1) THE [INITIAL LICENSE SHALL BE FOR A PERIOD OF ONE
YEAR, AND, IF RENEWED UNDER SUBSECTION (D), THE] LICENSE
SHALL BE ISSUED FOR A PERIOD OF [THREE] FIVE YEARS AND SHALL
BE RENEWED IN ACCORDANCE WITH SUBSECTION (D). NOTHING IN THIS
PARAGRAPH SHALL RELIEVE THE LICENSEE OF THE AFFIRMATIVE DUTY
TO NOTIFY THE BOARD OF ANY CHANGES RELATING TO THE STATUS OF
ITS LICENSE OR TO ANY OTHER INFORMATION CONTAINED IN
APPLICATION MATERIALS ON FILE WITH THE BOARD.
(2) THE LICENSE SHALL BE NONTRANSFERABLE.
(3) ANY OTHER CONDITION ESTABLISHED BY THE BOARD.
(C.1) ABBREVIATED PROCESS.--IN THE EVENT AN APPLICANT FOR A
MANUFACTURER LICENSE TO MANUFACTURE TABLE GAME DEVICES OR
ASSOCIATED EQUIPMENT USED IN CONNECTION WITH TABLE GAMES IS
LICENSED BY THE BOARD UNDER THIS SECTION TO MANUFACTURE SLOT
MACHINES OR ASSOCIATED EQUIPMENT USED IN CONNECTION WITH SLOT
MACHINES, THE BOARD MAY DETERMINE TO USE AN ABBREVIATED PROCESS
REQUIRING ONLY THAT INFORMATION DETERMINED BY THE BOARD TO BE
NECESSARY TO CONSIDER THE ISSUANCE OF A LICENSE TO MANUFACTURE
TABLE GAME DEVICES OR ASSOCIATED EQUIPMENT USED IN CONNECTION
WITH TABLE GAMES, INCLUDING FINANCIAL VIABILITY OF THE
APPLICANT. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO WAIVE
ANY FEES ASSOCIATED WITH OBTAINING A LICENSE, CERTIFICATE OR
PERMIT THROUGH THE NORMAL APPLICATION PROCESS. THE BOARD MAY
ONLY USE THE ABBREVIATED PROCESS IF ALL OF THE FOLLOWING APPLY:
(1) THE MANUFACTURER LICENSE WAS ISSUED BY THE BOARD
WITHIN A 36-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THE
MANUFACTURER LICENSEE FILES AN APPLICATION TO MANUFACTURE
TABLE GAME DEVICES OR ASSOCIATED EQUIPMENT.
(2) THE PERSON TO WHOM THE MANUFACTURER LICENSE WAS
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ISSUED AFFIRMS THERE HAS BEEN NO MATERIAL CHANGE IN
CIRCUMSTANCES RELATING TO THE LICENSE.
(3) THE BOARD DETERMINES, IN ITS SOLE DISCRETION, THAT
THERE HAS BEEN NO MATERIAL CHANGE IN CIRCUMSTANCES RELATING
TO THE LICENSEE THAT NECESSITATES THAT THE ABBREVIATED
PROCESS NOT BE USED.
(C.2) ABBREVIATED PROCESS FOR MANUFACTURER.--
(1) NOTWITHSTANDING SUBSECTION (C.1)(1) OR ANY
REGULATIONS OF THE BOARD TO THE CONTRARY, THE BOARD MAY
EXTEND THE USE OF THE ABBREVIATED PROCESS AUTHORIZED UNDER
SUBSECTION (C.1) TO AN APPLICANT FOR A MANUFACTURER LICENSE
TO MANUFACTURE MULTISTATE WIDE-AREA PROGRESSIVE SLOT
MACHINES, SKILL SLOT MACHINES, HYBRID SLOT MACHINES OR
ASSOCIATED EQUIPMENT USED IN CONNECTION WITH MULTISTATE WIDE-
AREA PROGRESSIVE SLOT MACHINES, SKILL OR HYBRID SLOT MACHINES
OR INTERACTIVE GAMING DEVICES OR ASSOCIATED EQUIPMENT USED IN
CONNECTION WITH INTERACTIVE GAMING, IF THE APPLICANT HOLDS A
VALID MANUFACTURER LICENSE ISSUED BY THE BOARD TO
MANUFACTURER SLOT MACHINES OR ASSOCIATED EQUIPMENT OR TABLE
GAMES OR TABLE GAME DEVICES OR ASSOCIATED EQUIPMENT. THE
REQUIREMENTS OF SUBSECTION (C.1) (2) AND (3) SHALL APPLY TO
THIS SUBSECTION.
(2) AN APPLICANT FOR A MANUFACTURER LICENSE TO
MANUFACTURE SLOT MACHINES USED IN A MULTISTATE WIDE-AREA
PROGRESSIVE SYSTEM, SKILL OR HYBRID SLOT MACHINES OR
ASSOCIATED EQUIPMENT OR INTERACTIVE GAMING DEVICES OR
ASSOCIATED EQUIPMENT SHALL BE SUBJECT TO THE APPLICABLE
PROVISIONS OF THIS PART.
* * *
(D.1) AUTHORITY.--THE FOLLOWING SHALL APPLY TO A LICENSED
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MANUFACTURER:
(1) A MANUFACTURER OR ITS DESIGNEE, AS LICENSED BY THE
BOARD, MAY SUPPLY OR REPAIR ANY SLOT MACHINE, TABLE GAME
DEVICE OR ASSOCIATED EQUIPMENT OR INTERACTIVE GAMING DEVICE
OR ASSOCIATED EQUIPMENT MANUFACTURED BY THE MANUFACTURER,
PROVIDED THE MANUFACTURER HOLDS THE APPROPRIATE MANUFACTURER
LICENSE.
(2) A MANUFACTURER OF SLOT MACHINES MAY CONTRACT WITH A
SUPPLIER UNDER SECTION 1317 (RELATING TO SUPPLIER LICENSES)
TO PROVIDE SLOT MACHINES OR ASSOCIATED EQUIPMENT TO A SLOT
MACHINE LICENSEE WITHIN THIS COMMONWEALTH, PROVIDED THE
SUPPLIER IS LICENSED TO SUPPLY SLOT MACHINES OR ASSOCIATED
EQUIPMENT USED IN CONNECTION WITH SLOT MACHINES.
(3) A MANUFACTURER MAY CONTRACT WITH A SUPPLIER UNDER
SECTION 1317 TO PROVIDE TABLE GAME DEVICES OR ASSOCIATED
EQUIPMENT TO A CERTIFICATE HOLDER, PROVIDED THE SUPPLIER IS
LICENSED TO SUPPLY TABLE GAME DEVICES OR ASSOCIATED EQUIPMENT
USED IN CONNECTION WITH TABLE GAMES.
(4) A MANUFACTURER MAY CONTRACT WITH A SUPPLIER UNDER
SECTION 1317 TO PROVIDE SLOT MACHINES USED IN A MULTISTATE
WIDE-AREA PROGRESSIVE SYSTEM, SKILL OR HYBRID SLOT MACHINES
OR ASSOCIATED EQUIPMENT, INTERACTIVE GAMING DEVICES OR
ASSOCIATED EQUIPMENT TO A SLOT MACHINE LICENSEE, PROVIDED
THAT THE MANUFACTURER IS LICENSED TO MANUFACTURE SLOT
MACHINES USED IN A MULTISTATE WIDE-AREA PROGRESSIVE SLOT
MACHINE SYSTEM, SKILL OR HYBRID SLOT MACHINES OR ASSOCIATED
EQUIPMENT OR INTERACTIVE GAMING DEVICES OR ASSOCIATED
EQUIPMENT USED IN CONNECTION WITH INTERACTIVE GAMES.
(E) PROHIBITIONS.--
(1) NO PERSON MAY MANUFACTURE SLOT MACHINES, TABLE GAME
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DEVICES OR ASSOCIATED EQUIPMENT OR INTERACTIVE GAMING DEVICES
OR ASSOCIATED EQUIPMENT FOR USE WITHIN THIS COMMONWEALTH BY A
SLOT MACHINE LICENSEE UNLESS THE PERSON HAS BEEN ISSUED THE
APPROPRIATE MANUFACTURER LICENSE UNDER THIS SECTION.
(2) EXCEPT AS PERMITTED IN SECTION 13A23.1 (RELATING TO
TRAINING EQUIPMENT), NO SLOT MACHINE LICENSEE MAY USE SLOT
MACHINES, TABLE GAME DEVICES OR ASSOCIATED EQUIPMENT,
AUTHORIZED INTERACTIVE GAMES OR INTERACTIVE GAMING DEVICES OR
ASSOCIATED EQUIPMENT UNLESS THE SLOT MACHINES, TABLE GAME
DEVICES OR ASSOCIATED EQUIPMENT, INTERACTIVE GAMES OR
INTERACTIVE GAMING DEVICES OR ASSOCIATED EQUIPMENT WERE
MANUFACTURED BY A PERSON THAT HAS BEEN ISSUED THE APPROPRIATE
MANUFACTURER LICENSE UNDER THIS SECTION.
(3) NO PERSON ISSUED A LICENSE UNDER THIS SECTION SHALL
APPLY FOR OR BE ISSUED A LICENSE UNDER SECTION 1317.
(4) NO LIMITATION SHALL BE PLACED ON THE NUMBER OF
MANUFACTURER LICENSES ISSUED OR THE TIME PERIOD TO SUBMIT
APPLICATIONS FOR LICENSURE, EXCEPT AS REQUIRED TO COMPLY WITH
SECTION 1306 (RELATING TO ORDER OF INITIAL LICENSE ISSUANCE).
SECTION 13. TITLE 4 IS AMENDED BY ADDING A SECTION TO READ:
§ 1317.3. NONGAMING SERVICE PROVIDER.
(A) NOTIFICATION REQUIRED.--
(1) A SLOT MACHINE LICENSEE OR APPLICANT FOR A SLOT
MACHINE LICENSE THAT CONTRACTS WITH OR OTHERWISE ENGAGES IN
BUSINESS WITH A NONGAMING SERVICE PROVIDER SHALL PROVIDE
NOTIFICATION TO THE BOARD PRIOR TO:
(I) THE NONGAMING SERVICE PROVIDER'S PROVISION OF
GOODS OR SERVICES AT THE SLOT MACHINE LICENSEE'S LICENSED
FACILITY; OR
(II) THE PROVISION OF GOODS OR SERVICES FOR USE IN
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THE OPERATION OF THE SLOT MACHINE LICENSEE'S LICENSED
FACILITY.
(2) NOTIFICATION UNDER THIS SECTION SHALL BE ON A FORM
AND IN A MANNER AS DETERMINED BY THE BOARD. THE BOARD MAY
IMPOSE A FEE, NOT TO EXCEED $100, WHICH MUST ACCOMPANY THE
NOTIFICATION.
(B) CONTENTS OF NOTIFICATION.--NOTIFICATION UNDER THIS
SECTION SHALL INCLUDE:
(1) THE NAME AND BUSINESS ADDRESS OF THE NONGAMING
SERVICE PROVIDER.
(2) A DESCRIPTION OF THE TYPE OR NATURE OF THE GOODS OR
SERVICES TO BE PROVIDED.
(3) AN AFFIRMATION FROM THE SLOT MACHINE LICENSEE OR
APPLICANT FOR A SLOT MACHINE LICENSE THAT THE GOODS OR
SERVICES TO BE PROVIDED BY THE NONGAMING SERVICE PROVIDER
WILL NOT REQUIRE ACCESS TO THE GAMING FLOOR OR A GAMING-
RELATED RESTRICTED AREA OF A LICENSED FACILITY.
(4) AN AFFIRMATION FROM THE SLOT MACHINE LICENSEE OR
APPLICANT FOR A SLOT MACHINE LICENSE CERTIFYING THAT THE
LICENSEE OR APPLICANT HAS PERFORMED DUE DILIGENCE REGARDING
THE NONGAMING SERVICE PROVIDER AND BELIEVES THAT THE
NONGAMING SERVICE PROVIDER AND ITS EMPLOYEES WILL NOT
ADVERSELY AFFECT THE PUBLIC INTEREST OR INTEGRITY OF GAMING.
(5) ANY OTHER INFORMATION THAT THE BOARD MAY REQUIRE.
(C) DURATION OF NOTIFICATION.--THE NONGAMING SERVICE
PROVIDER NOTIFICATION REQUIRED UNDER SUBSECTION (A) MAY BE VALID
FOR THREE YEARS UNLESS MODIFIED BY THE BOARD. IN DETERMINING THE
DURATION OF A NONGAMING SERVICE PROVIDER NOTIFICATION, THE BOARD
SHALL CONSIDER THE FOLLOWING:
(1) THE TYPE OR NATURE OF THE GOODS OR SERVICES.
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(2) THE FREQUENCY OF BUSINESS TRANSACTIONS RELATED TO
THE PROVISION OF SUCH GOODS OR SERVICES.
(3) ANY OTHER INFORMATION THE BOARD DEEMS NECESSARY AND
APPROPRIATE.
(D) CONDITIONS.--A SLOT MACHINE LICENSEE OR APPLICANT FOR A
SLOT MACHINE LICENSE THAT CONTRACTS OR OTHERWISE ENGAGES IN
BUSINESS WITH A NONGAMING SERVICE PROVIDER SHALL BE SUBJECT TO
THE FOLLOWING CONDITIONS:
(1) THE NONGAMING SERVICE PROVIDER OR ITS EMPLOYEES
SHALL ONLY PROVIDE THE GOODS AND SERVICES DESCRIBED IN THE
NOTIFICATION UNDER THIS SECTION.
(2) THE SLOT MACHINE LICENSEE OR APPLICANT FOR A SLOT
MACHINE LICENSE SHALL NOTIFY THE BOARD OF ANY MATERIAL CHANGE
IN THE INFORMATION PROVIDED IN THE NOTIFICATION UNDER THIS
SECTION. NO FEE SHALL BE REQUIRED FOR A SUBSEQUENT CHANGE
DURING THE TIME FOR WHICH THE NOTIFICATION REMAINS VALID
UNDER SUBSECTION (C).
(3) THE SLOT MACHINE LICENSEE OR APPLICANT FOR A SLOT
MACHINE LICENSE SHALL ENSURE THAT EMPLOYEES OF THE NONGAMING
SERVICE PROVIDER DO NOT ENTER THE GAMING FLOOR OR A GAMING-
RELATED RESTRICTED AREA OF THE LICENSED FACILITY.
(4) THE SLOT MACHINE LICENSEE OR APPLICANT FOR A SLOT
MACHINE LICENSE SHALL REPORT TO THE BOARD AN EMPLOYEE OF A
NONGAMING SERVICE PROVIDER THAT DOES ANY OF THE FOLLOWING:
(I) ENTERS THE GAMING FLOOR OR A GAMING-RELATED
RESTRICTED AREA OF THE LICENSED FACILITY.
(II) COMMITS AN ACT THAT ADVERSELY AFFECTS THE
PUBLIC INTEREST OR INTEGRITY OF GAMING.
(5) THE BOARD MAY PROHIBIT A NONGAMING SERVICE PROVIDER
AND ANY EMPLOYEES FROM PROVIDING GOODS OR SERVICES TO A SLOT
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MACHINE LICENSEE OR APPLICANT FOR A SLOT MACHINE LICENSE AT A
LICENSED FACILITY IF THE BOARD DETERMINES THE PROHIBITION IS
NECESSARY TO PROTECT THE PUBLIC INTEREST OR INTEGRITY OF
GAMING.
(E) AUTHORITY TO EXEMPT.--THE BOARD MAY EXEMPT A NONGAMING
SERVICE PROVIDER FROM THE NOTIFICATION REQUIREMENTS OF THIS
SECTION IF THE BOARD DETERMINES ANY OF THE FOLLOWING:
(1) THE NONGAMING SERVICE PROVIDER OR THE TYPE OR NATURE
OF THE NONGAMING SERVICE PROVIDER'S BUSINESS IS REGULATED BY
AN AGENCY OF THE FEDERAL GOVERNMENT, AN AGENCY OF THE
COMMONWEALTH OR THE PENNSYLVANIA SUPREME COURT.
(2) NOTIFICATION IS NOT NECESSARY TO PROTECT THE PUBLIC
INTEREST OR INTEGRITY OF GAMING.
(F) (RESERVED).
(G) CRIMINAL HISTORY RECORD INFORMATION.--NOTWITHSTANDING
ANY OTHER PROVISION OF THIS PART OR REGULATION OF THE BOARD, A
NONGAMING SERVICE PROVIDER SHALL PROVIDE A CRIMINAL HISTORY
RECORD INFORMATION CHECK OBTAINED FROM THE PENNSYLVANIA STATE
POLICE AS DEFINED IN 18 PA.C.S. § 9102 (RELATING TO DEFINITIONS)
AND PERMITTED BY 18 PA.C.S. § 9121(B) (RELATING TO GENERAL
REGULATIONS).
(H) EMERGENCY NOTIFICATION.--
(1) A SLOT MACHINE LICENSEE MAY USE A NONGAMING SERVICE
PROVIDER PRIOR TO THE BOARD RECEIVING NOTIFICATION UNDER THIS
SECTION WHEN A THREAT TO PUBLIC HEALTH, WELFARE OR SAFETY
EXISTS OR CIRCUMSTANCES OUTSIDE THE CONTROL OF THE SLOT
MACHINE LICENSEE REQUIRE IMMEDIATE ACTION TO MITIGATE DAMAGE
OR LOSS TO THE SLOT MACHINE LICENSEE'S LICENSED FACILITY OR
TO THE COMMONWEALTH.
(2) A SLOT MACHINE LICENSEE THAT USES A NONGAMING
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SERVICE PROVIDER IN ACCORDANCE WITH PARAGRAPH (1) SHALL:
(I) NOTIFY THE BOARD IMMEDIATELY UPON ENGAGING A
NONGAMING SERVICE PROVIDER FOR WHICH THE BOARD HAS NOT
PREVIOUSLY RECEIVED NOTIFICATION IN ACCORDANCE WITH
SUBSECTION (A).
(II) PROVIDE THE NOTIFICATION REQUIRED UNDER
SUBSECTION (A) WITHIN A REASONABLE TIME AS ESTABLISHED BY
THE BOARD.
(I) NONGAMING SERVICE PROVIDER LIST.--
(1) THE BOARD SHALL HAVE THE AUTHORITY TO PROHIBIT A
NONGAMING SERVICE PROVIDER FROM ENGAGING IN BUSINESS WITH A
SLOT MACHINE LICENSEE UPON A FINDING BY THE BOARD THAT THE
PROHIBITION IS NECESSARY TO PROTECT THE PUBLIC INTEREST AND
THE INTEGRITY OF GAMING.
(2) THE BOARD SHALL DEVELOP AND MAINTAIN A LIST OF
PROHIBITED NONGAMING SERVICE PROVIDERS.
(3) A SLOT MACHINE LICENSEE OR APPLICANT FOR A SLOT
MACHINE LICENSE MAY NOT ENTER INTO AN AGREEMENT OR ENGAGE IN
BUSINESS WITH A NONGAMING SERVICE PROVIDER APPEARING ON THE
LIST UNDER THIS SUBSECTION.
(J) DUTIES OF NONGAMING SERVICE PROVIDER.--A NONGAMING
SERVICE PROVIDER SHALL:
(1) COOPERATE WITH THE BOARD AND BUREAU REGARDING AN
INVESTIGATION, HEARING, ENFORCEMENT ACTION OR DISCIPLINARY
ACTION.
(2) COMPLY WITH EACH CONDITION, RESTRICTION,
REQUIREMENT, ORDER OR RULING OF THE BOARD IN ACCORDANCE WITH
THIS PART.
(3) REPORT ANY CHANGE IN CIRCUMSTANCES TO THE SLOT
MACHINE LICENSEE OR APPLICANT FOR A SLOT MACHINE LICENSE THAT
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MAY RENDER THE NONGAMING SERVICE PROVIDER INELIGIBLE,
UNQUALIFIED OR UNSUITABLE FOR THE PROVISION OF GOODS OR
SERVICES AT A LICENSED FACILITY OR USE IN THE OPERATION OF A
LICENSED FACILITY. THE SLOT MACHINE LICENSEE SHALL REPORT ANY
SUCH CHANGE IN CIRCUMSTANCES TO THE BOARD IN SUCH FORM AND
MANNER AS THE BOARD MAY ESTABLISH.
(K) CONSTRUCTION.--NOTHING IN THIS SECTION SHALL BE
CONSTRUED TO LIMIT THE POWERS AND AUTHORITY OF THE BOARD UNDER
SECTION 1202 (RELATING TO GENERAL AND SPECIFIC POWERS OF THE
BOARD) OR THE REGULATORY AUTHORITY OF THE BOARD UNDER SECTION
1207 (RELATING TO REGULATORY AUTHORITY OF THE BOARD).
SECTION 14. SECTION 1320(A) OF TITLE 4 IS AMENDED AND THE
SECTION IS AMENDED BY ADDING A SUBSECTION TO READ:
§ 1320. SLOT MACHINE TESTING AND CERTIFICATION STANDARDS.
(A) USE OF OTHER STATE STANDARDS.--[UNTIL SUCH TIME AS THE
BOARD ESTABLISHES AN INDEPENDENT TESTING AND CERTIFICATION
FACILITY PURSUANT TO SUBSECTION (B), THE] THE BOARD MAY
DETERMINE, AT ITS DISCRETION, WHETHER THE SLOT MACHINE TESTING
AND CERTIFICATION STANDARDS OF ANOTHER JURISDICTION WITHIN THE
UNITED STATES IN WHICH AN APPLICANT FOR A MANUFACTURER LICENSE
IS LICENSED ARE COMPREHENSIVE AND THOROUGH AND PROVIDE SIMILAR
ADEQUATE SAFEGUARDS AS THOSE REQUIRED BY THIS PART. IF THE BOARD
MAKES THAT DETERMINATION, IT MAY PERMIT A MANUFACTURER THROUGH A
LICENSED SUPPLIER AS PROVIDED IN SECTION 1317 (RELATING TO
SUPPLIER [AND MANUFACTURER LICENSES APPLICATION] LICENSES) TO
DEPLOY THOSE SLOT MACHINES WHICH HAVE MET THE SLOT MACHINE
TESTING AND CERTIFICATION STANDARDS IN SUCH OTHER JURISDICTIONS
WITHOUT UNDERGOING THE FULL TESTING AND CERTIFICATION PROCESS BY
A BOARD-ESTABLISHED INDEPENDENT FACILITY. IN THE EVENT SLOT
MACHINES OF AN APPLICANT FOR A MANUFACTURER LICENSE ARE LICENSED
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IN SUCH OTHER JURISDICTION, THE BOARD MAY DETERMINE TO USE AN
ABBREVIATED PROCESS REQUIRING ONLY THAT INFORMATION DETERMINED
BY THE BOARD TO BE NECESSARY TO CONSIDER THE ISSUANCE OF A SLOT
MACHINE CERTIFICATION TO SUCH AN APPLICANT. [ALTERNATIVELY, THE
BOARD IN ITS DISCRETION MAY ALSO RELY UPON THE CERTIFICATION OF
A SLOT MACHINE THAT HAS MET THE TESTING AND CERTIFICATION
STANDARDS OF A BOARD-APPROVED PRIVATE TESTING AND CERTIFICATION
FACILITY UNTIL SUCH TIME AS THE BOARD ESTABLISHES AN INDEPENDENT
TESTING AND CERTIFICATION FACILITY PURSUANT TO SUBSECTION (B).
NOTHING IN THIS SECTION SHALL BE CONSTRUED TO WAIVE ANY FEES
ASSOCIATED WITH OBTAINING A LICENSE THROUGH THE NORMAL
APPLICATION PROCESS.]
* * *
(B.1) USE OF PRIVATE TESTING AND CERTIFICATION FACILITIES.--
NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS PART OR REGULATION
OF THE BOARD, IF A SLOT MACHINE IS TESTED AND CERTIFIED BY A
PRIVATE TESTING AND CERTIFICATION FACILITY REGISTERED WITH THE
BOARD, THE BOARD SHALL USE AN ABBREVIATED CERTIFICATION PROCESS
REQUIRING ONLY THAT INFORMATION DETERMINED BY IT TO BE NECESSARY
TO CONSIDER THE ISSUANCE OF A SLOT MACHINE CERTIFICATION UNDER
THIS SECTION. WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS
SUBSECTION, THE BOARD SHALL PROMULGATE REGULATIONS THAT:
(1) PROVIDE FOR THE REGISTRATION OF PRIVATE TESTING AND
CERTIFICATION FACILITIES. PERSONS SEEKING REGISTRATION UNDER
THIS SUBSECTION SHALL BE SUBJECT TO SECTION 1202(B)(9)
(RELATING TO SPECIFIC POWERS).
(2) SPECIFY THE FORM AND CONTENT OF THE APPLICATION FOR
REGISTRATION.
(3) ESTABLISH AND COLLECT AN APPLICATION FEE FOR PERSONS
SEEKING REGISTRATION. THE APPLICATION FEE SHALL INCLUDE THE
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COSTS OF ALL BACKGROUND INVESTIGATIONS AS DETERMINED
NECESSARY AND APPROPRIATE BY THE BUREAU.
(4) ESTABLISH UNIFORM PROCEDURES AND STANDARDS WHICH
PRIVATE TESTING AND CERTIFICATION FACILITIES MUST COMPLY WITH
DURING THE TESTING AND CERTIFICATION OF SLOT MACHINES.
(5) UTILIZE INFORMATION PROVIDED BY PRIVATE TESTING AND
CERTIFICATION FACILITIES FOR THE ABBREVIATED CERTIFICATION OF
SLOT MACHINES.
(6) ESTABLISH AN ABBREVIATED CERTIFICATION PROCESS THAT
MAY BE USED BY REGISTERED PRIVATE TESTING AND CERTIFICATION
FACILITIES TO TEST AND CERTIFY SLOT MACHINES.
(7) ESTABLISH FEES THAT MUST BE PAID BY LICENSED
MANUFACTURERS.
(8) REQUIRE SLOT MACHINES SUBMITTED FOR ABBREVIATED
CERTIFICATION TO BE APPROVED OR DENIED BY THE BOARD WITHIN 30
DAYS FROM THE DATE OF SUBMISSION TO THE BOARD. IF THE BOARD
FAILS TO ACT WITHIN THE 30-DAY PERIOD, THE ABBREVIATED
CERTIFICATION SHALL BE DEEMED CONDITIONALLY APPROVED.
(9) PROVIDE PROCEDURES AND STANDARDS FOR THE SUSPENSION
AND REVOCATION OF THE REGISTRATION OF A PRIVATE TESTING AND
CERTIFICATION FACILITY AND THE REINSTATEMENT OF A SUSPENDED
OR REVOKED REGISTRATION, AS DETERMINED APPROPRIATE BY THE
BOARD.
* * *
SECTION 15. SECTIONS 1326, 13A11(B), 13A22.1(C) AND 13A27(C)
OF TITLE 4 ARE AMENDED TO READ:
§ 1326. [LICENSE RENEWALS] RENEWALS.
(A) RENEWAL.--ALL PERMITS [AND], LICENSES, REGISTRATIONS OR
CERTIFICATES ISSUED UNDER THIS PART UNLESS OTHERWISE PROVIDED
SHALL BE SUBJECT TO RENEWAL EVERY [THREE] FIVE YEARS. NOTHING IN
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THIS SUBSECTION SHALL RELIEVE A LICENSEE OF THE AFFIRMATIVE DUTY
TO NOTIFY THE BOARD OF ANY CHANGES RELATING TO THE STATUS OF ITS
LICENSE, PERMIT, CERTIFICATE OR REGISTRATION OR TO ANY OTHER
INFORMATION CONTAINED IN THE APPLICATION MATERIALS ON FILE WITH
THE BOARD. THE APPLICATION FOR RENEWAL SHALL BE SUBMITTED AT
LEAST [60] 180 DAYS PRIOR TO THE EXPIRATION OF THE PERMIT [OR],
LICENSE, REGISTRATION OR CERTIFICATE AND SHALL INCLUDE AN UPDATE
OF THE INFORMATION CONTAINED IN THE INITIAL AND ANY PRIOR
RENEWAL APPLICATIONS AND THE PAYMENT OF ANY RENEWAL FEE REQUIRED
BY THIS PART. UNLESS OTHERWISE SPECIFICALLY PROVIDED IN THIS
PART, THE AMOUNT OF ANY RENEWAL FEE SHALL BE CALCULATED BY THE
BOARD TO REFLECT THE LONGER RENEWAL PERIOD. A PERMIT [OR],
LICENSE, REGISTRATION OR CERTIFICATE FOR WHICH A COMPLETED
RENEWAL APPLICATION AND FEE, IF REQUIRED, HAS BEEN RECEIVED BY
THE BOARD WILL CONTINUE IN EFFECT UNLESS AND UNTIL THE BOARD
SENDS WRITTEN NOTIFICATION TO THE HOLDER OF THE PERMIT [OR],
LICENSE, REGISTRATION OR CERTIFICATE THAT THE BOARD HAS DENIED
THE RENEWAL OF SUCH PERMIT [OR], LICENSE, REGISTRATION OR
CERTIFICATE.
(B) REVOCATION OR FAILURE TO RENEW.--IN ADDITION TO ANY
OTHER SANCTIONS THE BOARD MAY IMPOSE UNDER THIS PART, THE BOARD
MAY AT ITS DISCRETION SUSPEND, REVOKE OR DENY RENEWAL OF ANY
PERMIT [OR], LICENSE, REGISTRATION OR CERTIFICATE ISSUED UNDER
THIS PART IF IT RECEIVES ANY INFORMATION FROM ANY SOURCE THAT
THE APPLICANT OR ANY OF ITS OFFICERS, DIRECTORS, OWNERS OR KEY
EMPLOYEES IS IN VIOLATION OF ANY PROVISION OF THIS PART, THAT
THE APPLICANT HAS FURNISHED THE BOARD WITH FALSE OR MISLEADING
INFORMATION OR THAT THE INFORMATION CONTAINED IN THE APPLICANT'S
INITIAL APPLICATION OR ANY RENEWAL APPLICATION IS NO LONGER TRUE
AND CORRECT. IN THE EVENT OF A REVOCATION OR FAILURE TO RENEW,
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THE APPLICANT'S AUTHORIZATION TO CONDUCT THE PREVIOUSLY APPROVED
ACTIVITY SHALL IMMEDIATELY CEASE, AND ALL FEES PAID IN
CONNECTION THEREWITH SHALL BE DEEMED TO BE FORFEITED. IN THE
EVENT OF A SUSPENSION, THE APPLICANT'S AUTHORIZATION TO CONDUCT
THE PREVIOUSLY APPROVED ACTIVITY SHALL IMMEDIATELY CEASE UNTIL
THE BOARD HAS NOTIFIED THE APPLICANT THAT THE SUSPENSION IS NO
LONGER IN EFFECT.
§ 13A11. AUTHORIZATION TO CONDUCT TABLE GAMES.
* * *
(B) NUMBER OF AUTHORIZED GAMING TABLES.--
(1) A CATEGORY 1 AND CATEGORY 2 SLOT MACHINE LICENSEE
AWARDED A TABLE GAME OPERATION CERTIFICATE MAY OPERATE UP TO
250 GAMING TABLES AT ANY ONE TIME AT ITS LICENSED FACILITY.
NO MORE THAN 30% OF THESE GAMING TABLES MAY BE USED TO PLAY
NONBANKING GAMES AT ANY ONE TIME. SIX MONTHS FOLLOWING THE
DATE OF COMMENCEMENT OF TABLE GAME OPERATIONS, THE BOARD MAY
PERMIT A CATEGORY 1 OR CATEGORY 2 CERTIFICATE HOLDER TO
INCREASE THE NUMBER OF GAMING TABLES ABOVE THE NUMBER
AUTHORIZED UNDER THIS PARAGRAPH. THE CERTIFICATE HOLDER SHALL
PETITION THE BOARD FOR THE INCREASE AT ITS LICENSED FACILITY.
THE BOARD, IN CONSIDERING THE PETITION, SHALL TAKE INTO
ACCOUNT THE APPROPRIATENESS OF THE PHYSICAL SPACE WHERE THE
GAMING TABLES WILL BE LOCATED AND THE CONVENIENCE OF THE
PUBLIC ATTENDING THE FACILITY. THE BOARD MAY ALSO TAKE INTO
ACCOUNT THE POTENTIAL BENEFIT TO THE COMMONWEALTH.
(2) A CATEGORY 3 SLOT MACHINE LICENSEE AWARDED A TABLE
GAME OPERATION CERTIFICATE MAY OPERATE UP TO 50 GAMING TABLES
AT ANY ONE TIME AT ITS LICENSED FACILITY. [NO MORE THAN 30%
OF THESE GAMING TABLES MAY BE USED TO PLAY NONBANKING GAMES
AT ANY ONE TIME.]
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(2.1) A CATEGORY 3 SLOT MACHINE LICENSEE AWARDED A TABLE
GAME OPERATION CERTIFICATE MAY PETITION THE BOARD FOR
ADDITIONAL TABLE GAMES AT ITS LICENSED FACILITY. THE BOARD
MAY AUTHORIZE UP TO 15 ADDITIONAL GAMING TABLES. THE
ADDITIONAL TABLES SHALL BE USED TO PLAY NONBANKING GAMES. THE
BOARD, IN CONSIDERING THE PETITION, SHALL TAKE INTO ACCOUNT
THE APPROPRIATENESS OF THE PHYSICAL SPACE WHERE THE GAMING
TABLES WILL BE LOCATED AND THE CONVENIENCE OF THE PUBLIC
ATTENDING THE FACILITY. THE BOARD MAY ALSO TAKE INTO ACCOUNT
THE POTENTIAL BENEFIT TO THE COMMONWEALTH.
(3) NONBANKING GAMING TABLES SHALL SEAT A MAXIMUM OF TEN
PLAYERS.
§ 13A22.1. TABLE GAME TOURNAMENTS.
* * *
(C) EXEMPTIONS AND ADDITIONAL TABLES.--THE FOLLOWING SHALL
APPLY:
(1) FOR A CATEGORY 1 OR CATEGORY 2 LICENSED FACILITY,
GAMING TABLES USED IN TOURNAMENTS SHALL BE EXEMPT FROM
SECTION 13A11 (B)(1) (RELATING TO AUTHORIZATION TO CONDUCT
TABLE GAMES) AND SHALL NOT BE USED IN ANY CALCULATION OF THE
TOTAL NUMBER OF GAMING TABLES AUTHORIZED IN THE TABLE GAME
AUTHORIZATION CERTIFICATE.
(2) FOR A CATEGORY 3 LICENSED FACILITY, THE EXECUTIVE
DIRECTOR MAY AUTHORIZE THE LICENSED FACILITY TO OPERATE UP TO
15 ADDITIONAL GAMING TABLES FOR USE IN TOURNAMENTS. [THE
EXECUTIVE DIRECTOR MAY GRANT THE USE OF THE ADDITIONAL GAMING
TABLES FOR TOURNAMENTS AUTHORIZED UNDER THIS PARAGRAPH ONLY
ONE DAY PER MONTH.] ADDITIONAL GAMING TABLES FOR USE IN
TOURNAMENTS SHALL BE EXEMPT FROM SECTION 13A11(B)(2)
(RELATING TO AUTHORIZATION TO CONDUCT TABLE GAMES) AND SHALL
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NOT BE USED IN ANY CALCULATION OF THE TOTAL NUMBER OF GAMING
TABLES AUTHORIZED IN THE TABLE GAME AUTHORIZATION
CERTIFICATE. THE EXECUTIVE DIRECTOR MAY GRANT THE USE OF
ADDITIONAL GAMING TABLES ON THE DATES AND TIMES LISTED IN THE
PROPOSED SCHEDULE OF TOURNAMENTS SUBMITTED BY THE CATEGORY 3
SLOT MACHINE LICENSEE IN ACCORDANCE WITH SUBSECTION (B).
* * *
§ 13A27. OTHER FINANCIAL TRANSACTIONS.
* * *
(C) CREDIT APPLICATION VERIFICATION.---PRIOR TO APPROVING AN
APPLICATION FOR CREDIT, A CERTIFICATE HOLDER SHALL VERIFY:
(1) THE IDENTITY, CREDITWORTHINESS AND INDEBTEDNESS
INFORMATION OF THE APPLICANT BY CONDUCTING A COMPREHENSIVE
REVIEW OF THE INFORMATION SUBMITTED WITH THE APPLICATION AND
ANY INFORMATION REGARDING THE APPLICANT'S CREDIT ACTIVITY AT
OTHER LICENSED FACILITIES WHICH THE CERTIFICATE HOLDER MAY
OBTAIN THROUGH A CASINO CREDIT BUREAU AND, IF APPROPRIATE,
THROUGH DIRECT CONTACT WITH OTHER SLOT MACHINE LICENSEES.
(2) THAT THE APPLICANT'S NAME IS NOT INCLUDED ON AN
EXCLUSION LIST UNDER SECTION 1514 (RELATING TO REGULATION
REQUIRING EXCLUSION [OR], EJECTION OR DENIAL OF ACCESS OF
CERTAIN PERSONS) OR 1516 (RELATING TO LIST OF PERSONS SELF
EXCLUDED FROM GAMING ACTIVITIES) OR THE VOLUNTARY CREDIT
SUSPENSION LIST UNDER SUBSECTION (H).
* * *
SECTION 16. SECTION 13A41 OF TITLE 4 IS AMENDED BY ADDING A
SUBSECTION TO READ:
§ 13A41. TABLE GAME DEVICE AND ASSOCIATED EQUIPMENT TESTING AND
CERTIFICATION STANDARDS.
* * *
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(B.1) USE OF PRIVATE TESTING AND CERTIFICATION FACILITIES.--
NOTWITHSTANDING ANY PROVISION OF THIS PART OR REGULATION OF THE
BOARD, IF A TABLE GAME DEVICE OR ASSOCIATED EQUIPMENT IS TESTED
AND CERTIFIED BY A PRIVATE TESTING AND CERTIFICATION FACILITY
REGISTERED WITH THE BOARD, THE BOARD SHALL USE AN ABBREVIATED
CERTIFICATION PROCESS REQUIRING ONLY THAT INFORMATION DETERMINED
BY IT TO BE NECESSARY TO CONSIDER THE ISSUANCE OF A TABLE GAME
DEVICE OR ASSOCIATED EQUIPMENT CERTIFICATION UNDER THIS SECTION.
WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SUBSECTION, THE
BOARD SHALL PROMULGATE REGULATIONS THAT:
(1) PROVIDE FOR THE REGISTRATION OF PRIVATE TESTING AND
CERTIFICATION FACILITIES. PERSONS SEEKING REGISTRATION UNDER
THIS SUBSECTION SHALL BE SUBJECT TO SECTION 1202(B)(9)
(RELATING TO SPECIFIC POWERS).
(2) SPECIFY THE FORM AND CONTENT OF THE APPLICATION FOR
REGISTRATION.
(3) ESTABLISH AND COLLECT AN APPLICATION FEE FOR PERSONS
SEEKING REGISTRATION. THE APPLICATION FEE SHALL INCLUDE THE
COSTS OF ALL BACKGROUND INVESTIGATIONS AS DETERMINED
NECESSARY AND APPROPRIATE BY THE BOARD.
(4) ESTABLISH UNIFORM PROCEDURES AND STANDARDS WHICH
PRIVATE TESTING AND CERTIFICATION FACILITIES MUST COMPLY WITH
DURING THE TESTING AND CERTIFICATION OF TABLE GAME DEVICES
AND ASSOCIATED EQUIPMENT.
(5) UTILIZE INFORMATION PROVIDED BY PRIVATE TESTING AND
CERTIFICATION FACILITIES FOR THE ABBREVIATED CERTIFICATION OF
TABLE GAME DEVICES AND ASSOCIATED EQUIPMENT.
(6) ESTABLISH AN ABBREVIATED CERTIFICATION PROCESS THAT
MAY BE USED BY REGISTERED PRIVATE TESTING AND CERTIFICATION
FACILITIES TO TEST AND CERTIFY TABLE GAME DEVICES AND
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ASSOCIATED EQUIPMENT.
(7) ESTABLISH FEES THAT MUST BE PAID BY A LICENSED
MANUFACTURER.
(8) REQUIRE TABLE GAME DEVICES AND ASSOCIATED EQUIPMENT
SUBMITTED FOR ABBREVIATED CERTIFICATION TO BE APPROVED OR
DENIED BY THE BOARD WITHIN 30 DAYS FROM THE DATE OF
SUBMISSION TO THE BOARD. IF THE BOARD FAILS TO ACT WITHIN THE
30-DAY PERIOD, THE ABBREVIATED CERTIFICATION SHALL BE DEEMED
CONDITIONALLY APPROVED.
(9) PROVIDE PROCEDURES AND STANDARDS FOR THE SUSPENSION
AND REVOCATION OF THE REGISTRATION OF A PRIVATE TESTING AND
CERTIFICATION FACILITY AND THE REINSTATEMENT OF A SUSPENDED
OR REVOKED REGISTRATION.
SECTION 17. SECTIONS 13A61(A) AND (F) AND 13A63(B)(4) OF
TITLE 4 ARE AMENDED TO READ:
§ 13A61. TABLE GAME AUTHORIZATION FEE.
(A) AMOUNT OF AUTHORIZATION FEE.--
(1) A CATEGORY 1 OR A CATEGORY 2 SLOT MACHINE LICENSEE
THAT SUBMITS A PETITION FOR A TABLE GAME OPERATION
CERTIFICATE UNDER SECTION 13A12 (RELATING TO PETITION
REQUIREMENTS) ON OR BEFORE JUNE 1, 2010, SHALL PAY A ONE-TIME
NONREFUNDABLE AUTHORIZATION FEE IN THE AMOUNT OF $16,500,000.
A CATEGORY 1 OR A CATEGORY 2 SLOT MACHINE LICENSEE THAT
SUBMITS A PETITION FOR A TABLE GAME OPERATION CERTIFICATE
UNDER SECTION 13A12 AFTER JUNE 1, 2010, SHALL PAY A ONE-TIME
NONREFUNDABLE AUTHORIZATION FEE IN THE AMOUNT OF $24,750,000.
(2) A CATEGORY 3 SLOT MACHINE LICENSEE THAT SUBMITS A
PETITION FOR A TABLE GAME OPERATION CERTIFICATE UNDER SECTION
13A12 ON OR BEFORE JUNE 1, 2010, SHALL PAY A ONE-TIME
NONREFUNDABLE AUTHORIZATION FEE IN THE AMOUNT OF $7,500,000.
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A CATEGORY 3 SLOT MACHINE LICENSEE THAT SUBMITS A PETITION
FOR A TABLE GAME OPERATION CERTIFICATE UNDER SECTION 13A12
AFTER JUNE 1, 2010, SHALL PAY A ONE-TIME NONREFUNDABLE
AUTHORIZATION FEE IN THE AMOUNT OF $11,250,000.
(3) NOTWITHSTANDING PARAGRAPHS (1) AND (2), THE HOLDER
OF A CATEGORY 1 OR CATEGORY 3 SLOT MACHINE LICENSE ISSUED
AFTER JUNE 1, 2010, THAT SUBMITS A PETITION FOR A TABLE GAME
OPERATION CERTIFICATE SHALL PAY A ONE-TIME NONREFUNDABLE
AUTHORIZATION FEE IN THE AMOUNT OF $16,500,000 OR $7,500,000,
RESPECTIVELY.
(3.1) NOTWITHSTANDING PARAGRAPHS (2) AND (3), THE HOLDER
OF A CATEGORY 3 SLOT MACHINE LICENSE ISSUED ON OR AFTER
JANUARY 1, 2016, THAT SUBMITS A PETITION FOR A TABLE GAME
OPERATION CERTIFICATE SHALL PAY A ONE-TIME NONREFUNDABLE
AUTHORIZATION FEE IN THE AMOUNT OF $8,500,000.
(3.2) NOTWITHSTANDING ANY OTHER PROVISION OF THIS PART,
NO LATER THAN 60 DAYS AFTER THE BOARD APPROVES A REQUEST FOR
ADDITIONAL TABLE GAMES IN ACCORDANCE WITH SECTION 13A11
(RELATING TO AUTHORIZATION TO CONDUCT TABLE GAMES) SUBMITTED
BY THE HOLDER OF A CATEGORY 3 SLOT MACHINE LICENSE ISSUED
PRIOR TO JANUARY 1, 2016, THE CATEGORY 3 SLOT MACHINE
LICENSEE SHALL PAY A ONE-TIME NONREFUNDABLE FEE IN THE AMOUNT
OF $1,000,000.
(4) A TABLE GAME OPERATION CERTIFICATE SHALL NOT BE
SUBJECT TO RENEWAL OR PAYMENT OF AN ADDITIONAL AUTHORIZATION
FEE.
* * *
(F) DEPOSIT OF FEES.--NOTWITHSTANDING SECTION 1208 (RELATING
TO COLLECTION OF FEES AND FINES), ALL TABLE GAME AUTHORIZATION
FEES AND OTHER FEES OR PENALTIES RECEIVED BY THE BOARD UNDER
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THIS SUBCHAPTER, ALL TABLE GAME DEVICE AND ASSOCIATED EQUIPMENT
MANUFACTURER AND SUPPLIER LICENSE FEES, ALL TABLE GAME DEVICE OR
ASSOCIATED EQUIPMENT MANUFACTURER AND SUPPLIER RENEWAL FEES AND
FEES FOR LICENSES ISSUED UNDER CHAPTER 16 (RELATING TO JUNKETS)
SHALL BE DEPOSITED IN THE GENERAL FUND.
§ 13A63. LOCAL SHARE ASSESSMENT.
* * *
(B) DISTRIBUTIONS TO COUNTIES.--THE DEPARTMENT SHALL MAKE
QUARTERLY DISTRIBUTIONS FROM THE LOCAL SHARE ASSESSMENTS
DEPOSITED INTO THE FUND UNDER SUBSECTION (A) TO COUNTIES,
INCLUDING HOME RULE COUNTIES, HOSTING A LICENSED FACILITY
AUTHORIZED TO CONDUCT TABLE GAMES UNDER THIS CHAPTER IN
ACCORDANCE WITH THE FOLLOWING:
* * *
(4) THE FOLLOWING APPLY:
(I) IF THE FACILITY IS A CATEGORY 3 LICENSED
FACILITY LOCATED IN A COUNTY OF THE SECOND CLASS A: 50%
OF THE LICENSED FACILITY'S LOCAL SHARE ASSESSMENT SHALL
BE [DEPOSITED INTO A RESTRICTED RECEIPTS ACCOUNT TO BE
ESTABLISHED IN THE COMMONWEALTH FINANCING AUTHORITY TO BE
USED EXCLUSIVELY FOR GRANTS OR GUARANTEES FOR PROJECTS IN
THE COUNTY THAT QUALIFY UNDER 64 PA.C.S. §§ 1551
(RELATING TO BUSINESS IN OUR SITES PROGRAM), 1556
(RELATING TO TAX INCREMENT FINANCING GUARANTEE PROGRAM)
AND 1558 (RELATING TO WATER SUPPLY AND WASTE WATER
INFRASTRUCTURE PROGRAM).] DISTRIBUTED AS FOLLOWS:
(A) SEVENTY-FIVE PERCENT SHALL BE DISTRIBUTED TO
THE COUNTY HOSTING THE LICENSED FACILITY FROM EACH
SUCH LICENSED FACILITY FOR THE PURPOSE OF SUPPORTING
THE MAINTENANCE AND REFURBISHMENT OF THE PARKS AND
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HERITAGE SITES THROUGHOUT THE COUNTY IN WHICH THE
LICENSEE IS LOCATED.
(B) TWELVE AND ONE-HALF PERCENT SHALL BE
DISTRIBUTED TO THE COUNTY HOSTING THE LICENSED
FACILITY FROM EACH SUCH LICENSED FACILITY FOR THE
PURPOSE OF SUPPORTING A CHILD ADVOCACY CENTER LOCATED
WITHIN THE COUNTY IN WHICH THE LICENSEE IS LOCATED.
(C) TWELVE AND ONE-HALF PERCENT SHALL BE
DISTRIBUTED TO THE COUNTY HOSTING THE LICENSED
FACILITY FROM EACH SUCH LICENSED FACILITY FOR THE
PURPOSE OF SUPPORTING AN ORGANIZATION PROVIDING
COMPREHENSIVE SUPPORT SERVICES TO VICTIMS OF DOMESTIC
VIOLENCE, INCLUDING LEGAL AND MEDICAL AID, SHELTERS,
TRANSITIONAL HOUSING AND COUNSELING LOCATED WITHIN
THE COUNTY IN WHICH THE LICENSEE IS LOCATED.
(II) EXCEPT AS PROVIDED IN SUBPARAGRAPH (I), IF THE
FACILITY IS A CATEGORY 3 LICENSED FACILITY IN A COUNTY OF
ANY CLASS: 50% OF THE LICENSED FACILITY'S LOCAL SHARE
ASSESSMENT SHALL BE ADDED TO THE FUNDS IN THE RESTRICTED
RECEIPTS ACCOUNT ESTABLISHED UNDER SECTION 1403(C)(2)(IV)
FOR DISTRIBUTION WITH THOSE FUNDS.
* * *
SECTION 18. TITLE 4 IS AMENDED BY ADDING CHAPTERS TO READ:
CHAPTER 13B
INTERACTIVE GAMING
SUBCHAPTER
A. GENERAL PROVISIONS
B. INTERACTIVE GAMING AUTHORIZED
B.1. MULTI-USE COMPUTING DEVICES
C. CONDUCT OF INTERACTIVE GAMING
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D. FACILITIES AND EQUIPMENT
E. TESTING AND CERTIFICATION
F. TAXES AND FEES
G. MISCELLANEOUS PROVISIONS
SUBCHAPTER A
GENERAL PROVISIONS
SEC.
13B01. LEGISLATIVE FINDINGS.
13B02. REGULATORY AUTHORITY.
13B03. TEMPORARY INTERACTIVE GAMING REGULATIONS.
§ 13B01. LEGISLATIVE FINDINGS.
THE GENERAL ASSEMBLY FINDS AND DECLARES THAT:
(1) THE PRIMARY OBJECTIVE OF THE PENNSYLVANIA RACE HORSE
DEVELOPMENT AND GAMING ACT, TO WHICH ALL OTHER OBJECTIVES ARE
SECONDARY, IS TO PROTECT THE PUBLIC THROUGH THE REGULATION
AND POLICING OF ALL ACTIVITIES INVOLVING GAMING AND PRACTICES
THAT CONTINUE TO BE UNLAWFUL.
(2) LEGISLATIVE AUTHORIZATION OF SLOT MACHINE GAMING AND
THE CONDUCT OF TABLE GAMES IS INTENDED TO ENHANCE LIVE HORSE
RACING, BREEDING PROGRAMS, ENTERTAINMENT AND EMPLOYMENT IN
THIS COMMONWEALTH.
(3) LEGALIZED GAMING WAS SEEN AS A MEANS TO PROVIDE A
SOURCE OF REVENUE FOR PROPERTY AND WAGE TAX RELIEF, PROMOTE
ECONOMIC DEVELOPMENT AND ENHANCE DEVELOPMENT OF TOURISM
MARKETS THROUGHOUT THIS COMMONWEALTH.
(4) LEGALIZED GAMING IN THE CATEGORY 1, CATEGORY 2 AND
CATEGORY 3 LICENSED FACILITIES GEOGRAPHICALLY DISPERSED IN
THIS COMMONWEALTH HAS BECOME A CRITICAL COMPONENT OF ECONOMIC
DEVELOPMENT AND, IF GAMING ACTIVITIES CONTINUE TO BE PROPERLY
REGULATED AND FOSTERED, IT WILL PROVIDE A SUBSTANTIAL
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CONTRIBUTION TO THE GENERAL HEALTH, WELFARE AND PROSPERITY OF
THIS COMMONWEALTH AND ITS CITIZENS.
(5) THE GENERAL ASSEMBLY REMAINS COMMITTED TO ENSURING A
ROBUST GAMING INDUSTRY IN THIS COMMONWEALTH THAT IS CAPABLE
OF COMPETING INTERNATIONALLY, NATIONALLY AND REGIONALLY AT
THE HIGHEST LEVELS OF QUALITY WHILE MAINTAINING STRICT
REGULATORY OVERSIGHT TO ENSURE THE INTEGRITY OF ALL GAMING
OPERATIONS AS SUPERVISED BY THE BOARD.
(6) SINCE ITS DEVELOPMENT, THE INTERNET HAS PROVIDED THE
OPPORTUNITY FOR MILLIONS OF PEOPLE WORLDWIDE TO ENGAGE IN
ONLINE GAMBLING, MOSTLY THROUGH ILLEGAL, UNREGULATED OFF-
SHORE GAMBLING OPERATIONS.
(7) IN 2006, THE UNITED STATES CONGRESS PASSED AND THE
PRESIDENT OF THE UNITED STATES SIGNED THE UNLAWFUL INTERNET
GAMBLING ENFORCEMENT ACT OF 2006 (PUBLIC LAW 109-347, 31
U.S.C. § 5361 ET SEQ.), WHICH GENERALLY PROHIBITS THE USE OF
BANKING INSTRUMENTS, INCLUDING CREDIT CARDS, CHECKS AND MONEY
TRANSFERS FOR INTERSTATE INTERNET GAMBLING.
(8) ALTHOUGH THE UNLAWFUL INTERNET GAMBLING ENFORCEMENT
ACT OF 2006 PROHIBITS INTERSTATE INTERNET GAMBLING BY UNITED
STATES CITIZENS, IT PERMITS INDIVIDUAL STATES TO CREATE A
REGULATORY FRAMEWORK TO GOVERN INTRASTATE INTERNET OR
INTERACTIVE GAMBLING.
(9) INTERACTIVE GAMING IS ILLEGAL IN THIS COMMONWEALTH
AND WITHOUT LEGISLATIVE AUTHORIZATION AND STRICT REGULATION,
THE PUBLIC'S TRUST AND CONFIDENCE IN LEGALIZED COMMERCIAL
GAMING MAY BE IMPACTED.
(10) IN THIS COMMONWEALTH, INTERACTIVE GAMING HAS BEEN
CONDUCTED WITHOUT OVERSIGHT, REGULATION OR ENFORCEMENT, ALL
OF WHICH RAISES SIGNIFICANT CONCERNS FOR THE PROTECTION OF
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THE HEALTH, WELFARE AND SAFETY OF THE CITIZENS OF THIS
COMMONWEALTH.
(11) AN EFFECTIVE REGULATORY, LICENSING AND ENFORCEMENT
SYSTEM FOR INTERACTIVE GAMING IN THIS COMMONWEALTH WOULD
INHIBIT UNDERAGE WAGERING AND OTHERWISE PROTECT VULNERABLE
INDIVIDUALS, ENSURE THAT THE GAMES OFFERED THROUGH THE
INTERNET ARE FAIR AND SAFE, STOP SENDING MUCH-NEEDED JOBS,
TAX AND OTHER REVENUE OFFSHORE TO ILLEGAL OPERATORS, PROVIDE
A SIGNIFICANT SOURCE OF TAXABLE REVENUE, CREATE JOBS AND
ECONOMIC DEVELOPMENT AND ADDRESS THE CONCERNS OF LAW
ENFORCEMENT.
(12) BY LEGALIZING INTERACTIVE GAMING AND SUBJECTING IT
TO THE REGULATORY OVERSIGHT OF THE PENNSYLVANIA GAMING
CONTROL BOARD, THE GENERAL ASSEMBLY IS ASSURING THE CITIZENS
OF THIS COMMONWEALTH THAT ONLY THOSE PERSONS LICENSED BY THE
BOARD TO CONDUCT SLOT MACHINE GAMING AND TABLE GAMES AND TO
OPERATE INTERACTIVE GAMES OR INTERACTIVE GAMING SYSTEMS, IN
ACCORDANCE WITH THE REQUIREMENTS OF THIS PART, HAVE BEEN
DETERMINED TO BE SUITABLE TO FACILITATE AND CONDUCT
INTERACTIVE GAMING ACTIVITIES IN THIS COMMONWEALTH.
(13) AN EFFECTIVE REGULATORY, LICENSING AND ENFORCEMENT
SYSTEM TO GOVERN INTERACTIVE GAMING IN THIS COMMONWEALTH IS
CONSISTENT WITH THE ORIGINAL OBJECTIVES AND INTENT OF THE
PENNSYLVANIA RACE HORSE DEVELOPMENT AND GAMING ACT, THEREBY
ENSURING THE PUBLIC TRUST AND CONFIDENCE IN THE COMMERCIAL
GAMING INDUSTRY IN THIS COMMONWEALTH.
(14) THE COMMONWEALTH HAS A LEGITIMATE STATE INTEREST IN
PROTECTING THE INTEGRITY OF STATE-AUTHORIZED INTERACTIVE
GAMING BY LICENSING THOSE ENTITIES ALREADY ENGAGED IN THE
CONDUCT OF GAMING IN THIS COMMONWEALTH, WHICH ARE SUBJECT TO
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THE SCRUTINY AND DISCIPLINE OF THE BOARD AND OTHER REGULATORY
AGENCIES AND WHICH ARE IN GOOD STANDING WITH THOSE AGENCIES.
§ 13B02. REGULATORY AUTHORITY.
(A) AUTHORITY.--THE BOARD SHALL PROMULGATE AND ADOPT RULES
AND REGULATIONS TO GOVERN THE CONDUCT OF INTERACTIVE GAMING IN
ORDER TO ENSURE THAT IT WILL BE IMPLEMENTED IN A MANNER THAT
PROVIDES FOR THE SECURITY AND EFFECTIVE MANAGEMENT,
ADMINISTRATION AND CONTROL OF INTERACTIVE GAMING, INCLUDING, BUT
NOT LIMITED TO, REGULATIONS:
(1) ENSURING THAT INTERACTIVE GAMING IS OFFERED FOR PLAY
IN THIS COMMONWEALTH IN A MANNER THAT IS CONSISTENT WITH
FEDERAL LAW AND THE PROVISIONS OF THIS CHAPTER.
(2) ESTABLISHING STANDARDS AND PROCEDURES FOR TESTING
AND APPROVING INTERACTIVE GAMES AND INTERACTIVE GAMING
DEVICES AND ASSOCIATED EQUIPMENT, AND ANY VARIATIONS OR
COMPOSITES OF AUTHORIZED INTERACTIVE GAMES, PROVIDED THAT THE
BOARD DETERMINES THAT THE INTERACTIVE GAMES AND ANY NEW
INTERACTIVE GAMES OR ANY VARIATIONS OR COMPOSITES ARE
SUITABLE FOR USE AFTER A TEST OR EXPERIMENTAL PERIOD UNDER
ANY TERMS AND CONDITIONS AS THE BOARD MAY DEEM APPROPRIATE.
THE BOARD MAY GIVE PRIORITY TO THE TESTING OF INTERACTIVE
GAMES, INTERACTIVE GAMING DEVICES AND ASSOCIATED EQUIPMENT OR
OTHER GAMING EQUIPMENT WHICH A SLOT MACHINE LICENSEE HAS
CERTIFIED THAT IT WILL USE TO CONDUCT INTERACTIVE GAMING IN
THIS COMMONWEALTH. NOTHING IN THIS PARAGRAPH SHALL BE
CONSTRUED TO PROHIBIT THE BOARD FROM USING THE TESTING AND
CERTIFICATION STANDARDS OF ANOTHER STATE OR JURISDICTION IN
WHICH INTERACTIVE GAMING IS CONDUCTED, IF IT DETERMINES THAT
THE STANDARDS OF THE JURISDICTION ARE COMPREHENSIVE, THOROUGH
AND PROVIDE SIMILAR AND ADEQUATE SAFEGUARDS AS THOSE REQUIRED
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UNDER THIS PART. IF THE BOARD MAKES SUCH A DETERMINATION AND
THE APPLICANT FOR AN INTERACTIVE GAMING CERTIFICATE OR AN
INTERACTIVE GAMING LICENSE IS LICENSED IN ANOTHER STATE OR
JURISDICTION TO OPERATE INTERACTIVE GAMING, IT MAY USE AN
ABBREVIATED PROCESS REQUIRING ONLY THE INFORMATION DETERMINED
BY IT TO BE NECESSARY TO CONSIDER THE ISSUANCE OF A
CERTIFICATION UNDER THIS CHAPTER. THE BOARD, IN ITS
DISCRETION, MAY ALSO RELY UPON THE CERTIFICATION OF
INTERACTIVE GAMES THAT HAVE MET THE TESTING AND CERTIFICATION
STANDARDS OF A BOARD-APPROVED PRIVATE TESTING AND
CERTIFICATION FACILITY.
(3) ESTABLISHING STANDARDS AND RULES TO GOVERN THE
CONDUCT OF INTERACTIVE GAMING AND THE SYSTEM OF AND WAGERING
ASSOCIATED WITH INTERACTIVE GAMING, INCLUDING INTERNAL
CONTROLS AND ACCOUNTING CONTROLS, AND THE TYPE, NUMBER,
PAYOUT, WAGERING LIMITS AND RULES FOR INTERACTIVE GAMES.
(4) ESTABLISHING THE METHOD FOR CALCULATING GROSS
INTERACTIVE GAMING REVENUE AND STANDARDS FOR THE DAILY
COUNTING AND RECORDING OF CASH AND CASH EQUIVALENTS RECEIVED
IN THE CONDUCT OF AUTHORIZED INTERACTIVE GAMES AND ENSURE
THAT INTERNAL CONTROLS AND ACCOUNTING CONTROLS ARE FOLLOWED,
INCLUDING THE MAINTENANCE OF FINANCIAL BOOKS AND RECORDS AND
THE CONDUCT OF AUDITS. THE BOARD SHALL CONSULT WITH THE
DEPARTMENT IN ESTABLISHING THESE REGULATIONS.
(5) ESTABLISHING NOTICE REQUIREMENTS PERTAINING TO
MINIMUM AND MAXIMUM WAGERS ON AUTHORIZED INTERACTIVE GAMES.
(6) ENSURING THAT ALL FACILITIES AND INTERACTIVE GAMING
DEVICES AND ASSOCIATED EQUIPMENT ARE ARRANGED IN A MANNER TO
PROMOTE APPROPRIATE SECURITY FOR INTERACTIVE GAMING.
(7) ESTABLISHING TECHNICAL STANDARDS FOR THE APPROVAL OF
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INTERACTIVE GAMES, INTERACTIVE GAMING DEVICES AND ASSOCIATED
EQUIPMENT, INCLUDING MECHANICAL, ELECTRICAL OR PROGRAM
RELIABILITY, SECURITY AGAINST TAMPERING AND ANY OTHER
STANDARDS AS IT MAY DEEM NECESSARY TO PROTECT REGISTERED
PLAYERS FROM FRAUD OR DECEPTION.
(8) GOVERNING THE CREATION AND UTILIZATION OF
INTERACTIVE GAMING ACCOUNTS BY REGISTERED PLAYERS, INCLUDING
REQUIRING THAT:
(I) INTERACTIVE GAMING ACCOUNTS BE POSSESSED BY A
NATURAL PERSON AND NOT IN THE NAME OF ANY BENEFICIARY,
CUSTODIAN, JOINT TRUST, CORPORATION, PARTNERSHIP OR OTHER
ORGANIZATION OR ENTITY.
(II) INTERACTIVE GAMING ACCOUNTS SHALL NOT BE
ASSIGNABLE OR OTHERWISE TRANSFERABLE.
(III) NO ACCOUNT BE ESTABLISHED FOR AN INDIVIDUAL
UNDER 21 YEARS OF AGE.
(9) ESTABLISHING PROCEDURES FOR REGISTERED PLAYERS TO
LOG INTO THEIR INTERACTIVE GAMING ACCOUNTS, AUTHENTICATE
IDENTITIES, AGREE TO TERMS, CONDITIONS AND RULES APPLICABLE
TO AUTHORIZED INTERACTIVE GAMES AND LOG OUT OF INTERACTIVE
GAMING ACCOUNTS, INCLUDING PROCEDURES FOR AUTOMATICALLY
LOGGING OFF REGISTERED PLAYERS FROM AN INTERACTIVE GAME AFTER
A SPECIFIED PERIOD OF INACTIVITY.
(10) ESTABLISHING PROCEDURES FOR:
(I) DEPOSITING FUNDS IN AN INTERACTIVE GAMING
ACCOUNT BY CASH, TRANSFER OR OTHER MEANS, AS APPROVED BY
THE BOARD.
(II) THE WITHDRAWAL OF FUNDS FROM INTERACTIVE GAMING
ACCOUNTS.
(III) THE SUSPENSION OF INTERACTIVE GAMING ACCOUNT
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ACTIVITY FOR SECURITY REASONS.
(IV) THE TERMINATION OF INTERACTIVE GAMING ACCOUNTS
AND DISPOSITION OF PROCEEDS IN ACCOUNTS.
(V) THE DISPOSITION OF UNCLAIMED AMOUNTS IN DORMANT
INTERACTIVE GAMING ACCOUNTS.
(11) ESTABLISHING MECHANISMS BY WHICH REGISTERED PLAYERS
MAY PLACE LIMITS ON THE AMOUNT OF MONEY BEING WAGERED PER
AUTHORIZED INTERACTIVE GAME OR DURING ANY SPECIFIED TIME
PERIOD OR THE AMOUNT OF LOSSES INCURRED DURING ANY SPECIFIED
TIME PERIOD.
(12) ESTABLISHING MECHANISMS TO EXCLUDE FROM INTERACTIVE
GAMING PERSONS NOT ELIGIBLE TO PLAY BY REASON OF AGE,
IDENTITY OR LOCATION OR INCLUSION ON A LIST OF PERSONS DENIED
ACCESS TO INTERACTIVE GAMING ACTIVITIES IN ACCORDANCE WITH
SECTIONS 1514 (RELATING TO REGULATION REQUIRING EXCLUSION,
EJECTION OR DENIAL OF ACCESS OF CERTAIN PERSONS), 1515
(RELATING TO REPEAT OFFENDERS EXCLUDABLE FROM LICENSED GAMING
FACILITY) AND 1516 (RELATING TO LIST OF PERSONS SELF EXCLUDED
FROM GAMING ACTIVITIES).
(13) ESTABLISHING PROCEDURES FOR THE PROTECTION,
SECURITY AND RELIABILITY OF INTERACTIVE GAMING ACCOUNTS,
AUTHORIZED INTERACTIVE GAMES, INTERACTIVE GAMING DEVICES AND
ASSOCIATED EQUIPMENT AND MECHANISMS TO PREVENT TAMPERING OR
UTILIZATION BY UNAUTHORIZED PERSONS.
(14) ESTABLISHING DATA SECURITY STANDARDS TO GOVERN AGE,
IDENTITY AND LOCATION VERIFICATION OF PERSONS ENGAGED IN
INTERACTIVE GAMING ACTIVITY.
(15) REQUIRING EACH INTERACTIVE GAMING CERTIFICATE
HOLDER TO:
(I) PROVIDE WRITTEN INFORMATION ON ITS INTERACTIVE
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GAMING SKIN OR INTERNET WEBSITE, WHICH EXPLAINS THE RULES
FOR EACH AUTHORIZED INTERACTIVE GAME, PAYOFFS OR WINNING
WAGERS AND OTHER INFORMATION AS THE BOARD MAY REQUIRE.
(II) DESIGNATE ONE OR MORE INTERACTIVE GAMING
RESTRICTED AREAS WHERE INTERACTIVE GAMING WILL BE
MANAGED, ADMINISTERED OR CONTROLLED.
(III) PROVIDE THE BOARD WITH ACCESS TO THE
INTERACTIVE GAMING SKIN OR WEBSITE, INTERACTIVE GAMING
PLATFORM, SIGNAL OR TRANSMISSION USED IN CONNECTION WITH
INTERACTIVE GAMING AND INTERACTIVE GAMING RESTRICTED
AREAS.
(IV) ADOPT PROCEDURES FOR THE RECORDATION,
REPLICATION AND STORAGE OF ALL PLAY AND TRANSACTIONS FOR
A PERIOD TO BE DETERMINED BY THE BOARD.
(V) PROVIDE STATEMENTS ON ITS INTERACTIVE GAMING
SKIN OR WEBSITE ABOUT THE PERMISSIBLE MINIMUM AND MAXIMUM
WAGERS FOR EACH AUTHORIZED INTERACTIVE GAME, AS
APPLICABLE.
(VI) ADOPT POLICIES OR PROCEDURES TO PROHIBIT ANY
UNAUTHORIZED PERSON FROM HAVING ACCESS TO INTERACTIVE
GAMING DEVICES AND ASSOCIATED EQUIPMENT, INCLUDING
SOFTWARE, SYSTEM PROGRAMS, HARDWARE AND ANY OTHER GAMING
EQUIPMENT OR DEVICES WHICH ARE USED TO MANAGE, ADMINISTER
OR CONTROL INTERACTIVE GAMING.
(VII) ADOPT DATA SECURITY STANDARDS TO VERIFY THE
AGE, IDENTITY AND LOCATION OF PERSONS ENGAGED IN
INTERACTIVE GAMING ACTIVITY AND PREVENT UNAUTHORIZED
ACCESS BY ANY PERSON WHOSE AGE AND LOCATION HAVE NOT BEEN
VERIFIED OR WHOSE AGE AND LOCATION CANNOT BE VERIFIED IN
ACCORDANCE WITH REGULATIONS ADOPTED BY THE BOARD.
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(VIII) ADOPT STANDARDS TO PROTECT THE PRIVACY AND
SECURITY OF REGISTERED PLAYERS ENGAGED IN INTERACTIVE
GAMING.
(IX) COLLECT, REPORT AND PAY ANY AND ALL APPLICABLE
TAXES AND FEES AND MAINTAIN ALL BOOKS, RECORDS AND
DOCUMENTS RELATED TO THE INTERACTIVE GAMING CERTIFICATE
HOLDER'S INTERACTIVE GAMING ACTIVITIES IN A MANNER AND IN
A LOCATION WITHIN THIS COMMONWEALTH AS APPROVED BY THE
BOARD OR THE DEPARTMENT. ALL BOOKS, RECORDS AND DOCUMENTS
SHALL BE IMMEDIATELY AVAILABLE FOR INSPECTION DURING ALL
HOURS OF OPERATION IN ACCORDANCE WITH THE REGULATIONS OF
THE BOARD AND SHALL BE MAINTAINED IN A MANNER AND DURING
PERIODS OF TIME AS THE BOARD SHALL BY REGULATION REQUIRE.
(B) ADDITIONAL AUTHORITY.--
(1) AT ITS DISCRETION, THE BOARD MAY DETERMINE WHETHER
PERSONS THAT PROVIDE THE FOLLOWING GOODS OR SERVICES AND ANY
OTHER GOODS OR SERVICES RELATED TO INTERACTIVE GAMING AS THE
BOARD MAY DETERMINE SHALL BE REQUIRED TO OBTAIN A LICENSE,
PERMIT OR OTHER AUTHORIZATION:
(I) PAYMENT PROCESSING AND RELATED MONEY
TRANSMITTING AND SERVICES.
(II) CUSTOMER IDENTITY OR AGE VERIFICATION AND
GEOSPATIAL TECHNOLOGY SERVICES.
(III) GENERAL TELECOMMUNICATIONS SERVICES, WHICH ARE
NOT SPECIFICALLY DESIGNED FOR OR RELATED TO INTERACTIVE
GAMING.
(IV) OTHER GOODS OR SERVICES THAT ARE NOT
SPECIFICALLY DESIGNED FOR USE WITH INTERACTIVE GAMING IF
THE PERSONS PROVIDING THE GOODS OR SERVICES ARE NOT PAID
A PERCENTAGE OF GAMING REVENUE OR OF MONEY WAGERED ON
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INTERACTIVE GAMES OR OF ANY FEES, NOT INCLUDING FEES TO
FINANCIAL INSTITUTIONS AND PAYMENT PROVIDERS FOR
FACILITATING A DEPOSIT BY AN INTERACTIVE GAMING ACCOUNT
HOLDER.
(2) THE BOARD SHALL DEVELOP A CLASSIFICATION SYSTEM FOR
THE LICENSURE, PERMITTING OR OTHER AUTHORIZATION OF PERSONS
THAT PROVIDE THE FOLLOWING GOODS OR SERVICES RELATED TO
INTERACTIVE GAMING:
(I) PERSONS THAT PROVIDE INTERACTIVE GAMES AND
INTERACTIVE GAMING DEVICES AND ASSOCIATED EQUIPMENT.
(II) PERSONS THAT MANAGE, CONTROL OR ADMINISTER THE
INTERACTIVE GAMES OR THE WAGERS ASSOCIATED WITH
INTERACTIVE GAMES.
(III) PROVIDERS OF CUSTOMER LISTS COMPRISED OF
PERSONS IDENTIFIED OR SELECTED, IN WHOLE OR IN PART,
BECAUSE THEY PLACED OR MAY PLACE WAGERS ON INTERACTIVE
GAMING.
(C) DEFINITION.--FOR THE PURPOSES OF SUBSECTION (A)(12),
(14) AND (15)(VIII) AND (IX), THE TERM "PERSON" SHALL MEAN A
NATURAL PERSON.
§ 13B03. TEMPORARY INTERACTIVE GAMING REGULATIONS.
(A) PROMULGATION.--
(1) IN ORDER TO FACILITATE THE PROMPT IMPLEMENTATION OF
THIS CHAPTER, REGULATIONS PROMULGATED BY THE BOARD SHALL BE
DEEMED TEMPORARY REGULATIONS WHICH SHALL EXPIRE NOT LATER
THAN TWO YEARS FOLLOWING THE PUBLICATION OF THE TEMPORARY
REGULATION IN THE PENNSYLVANIA BULLETIN AND ON THE BOARD'S
PUBLICLY ACCESSIBLE INTERNET WEBSITE.
(2) THE BOARD MAY PROMULGATE TEMPORARY REGULATIONS NOT
SUBJECT TO:
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(I) SECTIONS 201, 202, 203, 204 AND 205 OF THE ACT
OF JULY 31, 1968 (P.L.769, NO.240), REFERRED TO AS THE
COMMONWEALTH DOCUMENTS LAW.
(II) SECTIONS 204(B) AND 301(10) OF THE ACT OF
OCTOBER 15, 1980 (P.L.950, NO.164), KNOWN AS THE
COMMONWEALTH ATTORNEYS ACT.
(III) THE ACT OF JUNE 25, 1982 (P.L.633, NO.181),
KNOWN AS THE REGULATORY REVIEW ACT.
(B) TEMPORARY REGULATIONS.--THE BOARD SHALL BEGIN PUBLISHING
TEMPORARY REGULATIONS GOVERNING THE RULES FOR INTERACTIVE
GAMING, THE ISSUANCE OF INTERACTIVE GAMING CERTIFICATES AND
INTERACTIVE GAMING LICENSES, STANDARDS FOR APPROVING
MANUFACTURERS, SUPPLIERS AND OTHER PERSONS SEEKING TO PROVIDE
INTERACTIVE GAMES, INTERACTIVE GAMING DEVICES AND ASSOCIATED
EQUIPMENT, INCLUDING AGE AND LOCATION VERIFICATION SOFTWARE OR
SYSTEM PROGRAMS AND SECURITY AND SURVEILLANCE STANDARDS IN THE
PENNSYLVANIA BULLETIN WITHIN 30 DAYS OF THE EFFECTIVE DATE OF
THIS SUBSECTION.
(C) EXPIRATION OF TEMPORARY REGULATIONS.--EXCEPT FOR
TEMPORARY REGULATIONS GOVERNING THE RULES FOR ISSUING
CERTIFICATES AND LICENSES UNDER THIS CHAPTER, FOR NEW
INTERACTIVE GAMES, FOR APPROVING INTERACTIVE GAMES OR VARIATIONS
THEREOF, INTERACTIVE GAMING DEVICES AND ASSOCIATED EQUIPMENT AND
FOR APPROVING MANUFACTURERS, SUPPLIERS AND OTHER PERSONS SEEKING
TO PROVIDE INTERACTIVE GAMES, INTERACTIVE GAMING DEVICES AND
ASSOCIATED EQUIPMENT, THE BOARD'S AUTHORITY TO ADOPT TEMPORARY
REGULATIONS UNDER SUBSECTION (A) SHALL EXPIRE TWO YEARS AFTER
THE EFFECTIVE DATE OF THIS SECTION. REGULATIONS ADOPTED AFTER
THIS PERIOD SHALL BE PROMULGATED AS PROVIDED BY LAW.
SUBCHAPTER B
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INTERACTIVE GAMING AUTHORIZED
SEC.
13B11. AUTHORIZATION TO CONDUCT INTERACTIVE GAMING.
13B12. INTERACTIVE GAMING CERTIFICATE REQUIRED AND CONTENT OF
PETITION.
13B13. ISSUANCE OF INTERACTIVE GAMING CERTIFICATE.
13B14. INTERACTIVE GAMING OPERATORS.
13B15. INTERACTIVE GAMING CERTIFICATE AND LICENSE.
13B16. TIMING OF INITIAL INTERACTIVE GAMING AUTHORIZATIONS.
§ 13B11. AUTHORIZATION TO CONDUCT INTERACTIVE GAMING.
(A) AUTHORITY OF BOARD.--
(1) THE BOARD MAY AUTHORIZE A SLOT MACHINE LICENSEE:
(I) TO CONDUCT INTERACTIVE GAMING, INCLUDING
CONTESTS AND TOURNAMENTS AND ANY OTHER GAME WHICH IS
DETERMINED BY THE BOARD TO BE SUITABLE FOR INTERACTIVE
GAMING.
(II) TO DEPLOY INTERACTIVE GAMING SKINS OR INTERNET
WEBSITES TO FACILITATE THE CONDUCT OF INTERACTIVE GAMING
ACTIVITIES.
(2) EXCEPT AS PROVIDED IN THIS PART, ALL INDIVIDUALS
PLAYING AUTHORIZED INTERACTIVE GAMES MUST BE PHYSICALLY
LOCATED WITHIN THIS COMMONWEALTH OR WITHIN A STATE OR
JURISDICTION IN WHICH THE BOARD HAS ENTERED AN INTERACTIVE
GAMING RECIPROCAL AGREEMENT. NO INDIVIDUAL UNDER 21 YEARS OF
AGE SHALL OPEN, MAINTAIN, USE OR HAVE ACCESS TO AN
INTERACTIVE GAMING ACCOUNT.
(B) AUTHORITY TO PLAY INTERACTIVE GAMES.--NOTWITHSTANDING
ANY OTHER PROVISION OF LAW, AN INDIVIDUAL WHO IS 21 YEARS OF AGE
OR OLDER IS HEREBY PERMITTED TO PARTICIPATE AS A REGISTERED
PLAYER IN INTERACTIVE GAMING AND WAGERING ASSOCIATED WITH
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PLAYING AN AUTHORIZED INTERACTIVE GAME OFFERED BY AN INTERACTIVE
GAMING CERTIFICATE HOLDER IN ACCORDANCE WITH REGULATIONS OF THE
BOARD.
§ 13B12. INTERACTIVE GAMING CERTIFICATE REQUIRED AND CONTENT OF
PETITION.
(A) CERTIFICATE REQUIRED.--NO SLOT MACHINE LICENSEE OR ANY
OTHER PERSON ASSOCIATED WITH OR REPRESENTING A SLOT MACHINE
LICENSEE SHALL OPERATE OR CONDUCT OR ATTEMPT TO OPERATE OR
CONDUCT INTERACTIVE GAMING, EXCEPT FOR TEST PURPOSES OR OPEN
INTERACTIVE GAMING TO THE PUBLIC IN THIS COMMONWEALTH WITHOUT
FIRST OBTAINING AN INTERACTIVE GAMING CERTIFICATE OR AN
INTERACTIVE GAMING LICENSE FROM THE BOARD. A SLOT MACHINE
LICENSEE MAY SEEK APPROVAL TO CONDUCT INTERACTIVE GAMING BY
FILING A PETITION FOR AN INTERACTIVE GAMING CERTIFICATE WITH THE
BOARD. THE BOARD SHALL PRESCRIBE THE FORM AND MANNER TO GOVERN
THE SUBMISSION OF A PETITION FOR AN INTERACTIVE GAMING
CERTIFICATE.
(B) CONTENT OF PETITION.--IN ADDITION TO INFORMATION AND
DOCUMENTATION DEMONSTRATING THAT THE SLOT MACHINE LICENSEE IS
QUALIFIED FOR AN INTERACTIVE GAMING CERTIFICATE UNDER THIS
CHAPTER, A PETITION SEEKING BOARD APPROVAL TO CONDUCT
INTERACTIVE GAMING WITHIN THIS COMMONWEALTH SHALL INCLUDE THE
FOLLOWING:
(1) THE NAME, BUSINESS ADDRESS AND CONTACT INFORMATION
OF THE SLOT MACHINE LICENSEE.
(2) THE NAME, BUSINESS ADDRESS AND CONTACT INFORMATION
OF ANY AFFILIATE, INTERACTIVE GAMING OPERATOR OR OTHER PERSON
THAT WILL BE A PARTY TO AN AGREEMENT RELATED TO THE OPERATION
OF INTERACTIVE GAMING OR AN INTERACTIVE GAMING SYSTEM ON
BEHALF OF A SLOT MACHINE LICENSEE.
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(3) THE NAME AND BUSINESS ADDRESS, JOB TITLE AND A
PHOTOGRAPH OF EACH PRINCIPAL AND KEY EMPLOYEE OF THE SLOT
MACHINE LICENSEE WHO WILL BE INVOLVED IN THE CONDUCT OF
INTERACTIVE GAMING AND WHO IS NOT CURRENTLY LICENSED BY THE
BOARD, IF KNOWN.
(4) THE NAME AND BUSINESS ADDRESS, JOB TITLE AND A
PHOTOGRAPH OF EACH PRINCIPAL AND KEY EMPLOYEE OF THE
INTERACTIVE GAMING CERTIFICATE HOLDER AND INTERACTIVE GAMING
LICENSEE, IF ANY, WHO WILL BE INVOLVED IN THE CONDUCT OF
INTERACTIVE GAMING AND WHO IS CURRENTLY LICENSED BY THE
BOARD.
(5) AN ITEMIZED LIST OF THE INTERACTIVE GAMES AND ANY
OTHER GAME OR GAMES THE SLOT MACHINE LICENSEE PLANS TO OFFER
OVER THE INTERNET FOR WHICH AUTHORIZATION IS BEING SOUGHT.
THE SLOT MACHINE LICENSEE SHALL, IN ACCORDANCE WITH
REGULATIONS PROMULGATED BY THE BOARD, FILE ANY CHANGES IN THE
NUMBER OF AUTHORIZED INTERACTIVE GAMES OFFERED THROUGH
INTERACTIVE GAMING WITH THE BOARD.
(6) THE ESTIMATED NUMBER OF FULL-TIME AND PART-TIME
EMPLOYMENT POSITIONS THAT WILL BE CREATED AT THE LICENSED
FACILITY IF INTERACTIVE GAMING IS AUTHORIZED AND AN UPDATED
HIRING PLAN UNDER SECTION 1510(A) (RELATING TO LABOR HIRING
PREFERENCES) WHICH OUTLINES THE SLOT MACHINE LICENSEE'S PLAN
TO PROMOTE THE REPRESENTATION OF DIVERSE GROUPS AND
COMMONWEALTH RESIDENTS IN THE EMPLOYMENT POSITIONS.
(7) A BRIEF DESCRIPTION OF THE ECONOMIC BENEFITS
EXPECTED TO BE REALIZED BY THE COMMONWEALTH, THE HOST
MUNICIPALITIES AND RESIDENTS IF INTERACTIVE GAMING IS
AUTHORIZED.
(8) THE DETAILS OF ANY FINANCING OBTAINED OR THAT WILL
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BE OBTAINED TO FUND AN EXPANSION OR MODIFICATION OF THE
LICENSED FACILITY TO ACCOMMODATE INTERACTIVE GAMING AND TO
OTHERWISE FUND THE COST OF COMMENCING INTERACTIVE GAMING.
(9) INFORMATION AND DOCUMENTATION CONCERNING FINANCIAL
BACKGROUND AND RESOURCES, AS THE BOARD MAY REQUIRE, TO
ESTABLISH BY CLEAR AND CONVINCING EVIDENCE THE FINANCIAL
STABILITY, INTEGRITY AND RESPONSIBILITY OF THE SLOT MACHINE
LICENSEE, AND INFORMATION OR DOCUMENTATION CONCERNING ANY
INTERACTIVE GAMING OPERATOR THAT WILL OPERATE INTERACTIVE
GAMING OR AN INTERACTIVE GAMING SYSTEM ON BEHALF OF THE SLOT
MACHINE LICENSEE, AS THE BOARD MAY REQUIRE.
(10) INFORMATION AND DOCUMENTATION, AS THE BOARD MAY
REQUIRE, TO ESTABLISH BY CLEAR AND CONVINCING EVIDENCE THAT
THE SLOT MACHINE LICENSEE HAS SUFFICIENT BUSINESS ABILITY AND
EXPERIENCE TO CONDUCT A SUCCESSFUL INTERACTIVE GAMING
OPERATION. IN MAKING THIS DETERMINATION, THE BOARD MAY
CONSIDER THE RESULTS OF THE SLOT MACHINE LICENSEE'S SLOT
MACHINE AND TABLE GAME OPERATIONS, INCLUDING FINANCIAL
INFORMATION, EMPLOYMENT DATA AND CAPITAL INVESTMENT.
(11) INFORMATION AND DOCUMENTATION, AS THE BOARD MAY
REQUIRE, TO ESTABLISH BY CLEAR AND CONVINCING EVIDENCE THAT
THE SLOT MACHINE LICENSEE HAS OR WILL HAVE THE FINANCIAL
ABILITY TO PAY THE INTERACTIVE GAMING AUTHORIZATION FEE.
(12) DETAILED SITE PLANS IDENTIFYING THE PROPOSED
INTERACTIVE GAMING RESTRICTED AREA WHERE INTERACTIVE GAMING
OPERATIONS WILL BE MANAGED, ADMINISTERED OR CONTROLLED AS
APPROVED BY THE BOARD.
(13) A DETAILED DESCRIPTION OF ALL OF THE FOLLOWING:
(I) THE SLOT MACHINE LICENSEE'S INITIAL SYSTEM OF
INTERNAL AND ACCOUNTING CONTROLS APPLICABLE TO
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INTERACTIVE GAMING.
(II) THE SLOT MACHINE LICENSEE'S PROPOSED STANDARDS
TO PROTECT, WITH A REASONABLE DEGREE OF CERTAINTY, THE
PRIVACY AND SECURITY OF ITS REGISTERED PLAYERS.
(III) HOW THE SLOT MACHINE LICENSEE WILL FACILITATE
COMPLIANCE WITH ALL OF THE REQUIREMENTS SET FORTH IN THIS
CHAPTER AND IN SECTION 802(A) OF THE UNLAWFUL INTERNET
GAMBLING ENFORCEMENT ACT OF 2006 (PUBLIC LAW 109-347, 31
U.S.C. § 5362(10)(B)), INCLUDING, BUT NOT LIMITED TO, ALL
OF THE FOLLOWING:
(A) AGE, IDENTITY AND LOCATION VERIFICATION
REQUIREMENTS DESIGNED TO BLOCK ACCESS TO INDIVIDUALS
UNDER 21 YEARS OF AGE.
(B) APPROPRIATE DATA SECURITY STANDARDS TO
PREVENT UNAUTHORIZED ACCESS BY ANY PERSON WHOSE AGE,
IDENTITY AND LOCATION HAVE NOT BEEN VERIFIED OR WHOSE
AGE, IDENTITY AND LOCATION CANNOT BE VERIFIED IN
ACCORDANCE WITH THIS CHAPTER AND APPLICABLE
REGULATIONS OF THE BOARD.
(C) EXCEPT AS PROVIDED IN THIS CHAPTER, THE
REQUIREMENT THAT ALL WAGERS MADE IN THE CONDUCT OF
INTERACTIVE GAMING BE INITIATED AND RECEIVED OR
OTHERWISE MADE EXCLUSIVELY WITHIN THIS COMMONWEALTH.
(IV) THE SLOT MACHINE LICENSEE'S PROPOSED AGE,
IDENTITY AND LOCATION VERIFICATION STANDARDS DESIGNED TO
BLOCK ACCESS TO PERSONS UNDER 21 YEARS OF AGE AND PERSONS
EXCLUDED OR PROHIBITED FROM PARTICIPATING IN INTERACTIVE
GAMING UNDER THIS CHAPTER.
(V) THE PROCEDURES THE SLOT MACHINE LICENSEE WILL
USE TO REGISTER INDIVIDUALS WHO WISH TO PARTICIPATE IN
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INTERACTIVE GAMING.
(VI) THE PROCEDURES THE SLOT MACHINE LICENSEE WILL
USE TO ESTABLISH INTERACTIVE GAMING ACCOUNTS FOR
REGISTERED PLAYERS.
(VII) THE INTERACTIVE GAMES AND SERVICES THE SLOT
MACHINE LICENSEE PROPOSES TO OFFER TO REGISTERED PLAYERS.
(VIII) DOCUMENTATION AND INFORMATION RELATING TO ALL
PROPOSED SUBCONTRACTORS OF THE SLOT MACHINE LICENSEE,
INCLUDING, BUT NOT LIMITED TO, ALL OF THE FOLLOWING:
(A) A DESCRIPTION OF THE SERVICES TO BE PROVIDED
BY EACH SUBCONTRACTOR.
(B) INFORMATION ON THE EXPERIENCE AND
QUALIFICATIONS OF EACH SUBCONTRACTOR TO PROVIDE THE
SERVICES ANTICIPATED.
(C) THE NAMES OF ALL PROPOSED SUBCONTRACTORS,
OWNERS, EXECUTIVES AND EMPLOYEES THAT WILL BE
DIRECTLY OR INDIRECTLY INVOLVED IN THE SLOT MACHINE
LICENSEE'S INTERACTIVE GAMING OPERATIONS, AS WELL AS
SUFFICIENT PERSONAL IDENTIFYING INFORMATION ON EACH
SUCH PERSON TO CONDUCT BACKGROUND CHECKS AS MAY BE
REQUIRED BY THE BOARD.
(14) THE INTERACTIVE GAMING DEVICES AND ASSOCIATED
EQUIPMENT, INCLUDING THE INTERACTIVE GAMING NETWORK,
INTERACTIVE GAMING SYSTEM OR SYSTEMS, THAT THE SLOT MACHINE
LICENSEE PLANS TO OR WILL UTILIZE TO MANAGE, ADMINISTER OR
CONTROL ITS INTERACTIVE GAMING OPERATIONS.
(15) COMPLIANCE CERTIFICATION OF ITS INTERACTIVE GAMING
DEVICES AND ASSOCIATED EQUIPMENT, INCLUDING INTERACTIVE
GAMING SOFTWARE AND HARDWARE, BY A BOARD-APPROVED GAMING
LABORATORY TO ENSURE THAT THE GAMING SOFTWARE AND HARDWARE
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COMPLY WITH THE REQUIREMENTS OF THIS CHAPTER AND REGULATIONS
OF THE BOARD.
(16) DETAILED DESCRIPTION OF ACCOUNTING SYSTEMS,
INCLUDING, BUT NOT LIMITED TO, ACCOUNTING SYSTEMS FOR ALL OF
THE FOLLOWING:
(I) INTERACTIVE GAMING ACCOUNTS.
(II) PER-HAND CHARGES, IF APPLICABLE.
(III) TRANSPARENCY AND REPORTING TO THE BOARD AND
THE DEPARTMENT.
(IV) DISTRIBUTION OF REVENUE TO THE COMMONWEALTH AND
WINNINGS TO REGISTERED PLAYERS.
(V) ONGOING AUDITING AND INTERNAL CONTROL COMPLIANCE
REVIEWS.
(17) DETAILED INFORMATION ON SECURITY SYSTEMS AT THE
LICENSED FACILITY TO PROTECT THE INTERACTIVE GAMING SKINS OR
INTERNET WEBSITE FROM INTERNAL AND EXTERNAL BREACHES AND
THREATS.
(18) ANY OTHER INFORMATION THE BOARD MAY REQUIRE.
(C) CONFIDENTIALITY.--INFORMATION SUBMITTED TO THE BOARD
UNDER SUBSECTION (B) MAY BE CONSIDERED CONFIDENTIAL BY THE BOARD
IF THE INFORMATION WOULD BE CONFIDENTIAL UNDER SECTION 1206(F)
(RELATING TO BOARD MINUTES AND RECORDS).
§ 13B13. ISSUANCE OF INTERACTIVE GAMING CERTIFICATE.
(A) REQUIREMENTS FOR APPROVAL OF PETITION.--
(1) THE BOARD MAY APPROVE A PETITION UNDER SECTION 13B12
(RELATING TO INTERACTIVE GAMING CERTIFICATE REQUIRED AND
CONTENT OF PETITION) UPON FINDING CLEAR AND CONVINCING
EVIDENCE OF ALL OF THE FOLLOWING:
(I) THE SLOT MACHINE LICENSEE'S CONDUCT OF
INTERACTIVE GAMING COMPLIES IN ALL RESPECTS WITH THE
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REQUIREMENTS OF THIS CHAPTER AND REGULATIONS PROMULGATED
BY THE BOARD.
(II) AGE, IDENTITY AND LOCATION VERIFICATION
REQUIREMENTS DESIGNED TO BLOCK ACCESS TO INDIVIDUALS
UNDER 21 YEARS OF AGE AND PERSONS OTHERWISE PROHIBITED
FROM ENGAGING IN INTERACTIVE GAMING IN ACCORDANCE WITH
THIS CHAPTER, AS APPROVED BY THE BOARD, HAVE BEEN
IMPLEMENTED BY THE SLOT MACHINE LICENSEE.
(III) THE SLOT MACHINE LICENSEE HAS IMPLEMENTED OR
WILL IMPLEMENT APPROPRIATE DATA SECURITY STANDARDS TO
PREVENT UNAUTHORIZED ACCESS BY ANY PERSON WHOSE AGE,
IDENTITY AND LOCATION HAS NOT BEEN VERIFIED OR CANNOT BE
VERIFIED IN ACCORDANCE WITH THE REGULATIONS PROMULGATED
AND ADOPTED BY THE BOARD.
(IV) THE SLOT MACHINE LICENSEE HAS IMPLEMENTED OR
WILL IMPLEMENT APPROPRIATE STANDARDS TO PROTECT THE
PRIVACY AND SECURITY OF REGISTERED PLAYERS.
(V) THE SLOT MACHINE LICENSEE'S INITIAL SYSTEM OF
INTERNAL AND ACCOUNTING CONTROLS APPLICABLE TO
INTERACTIVE GAMING, AND THE SECURITY AND INTEGRITY OF ALL
FINANCIAL TRANSACTIONS IN CONNECTION WITH THE SYSTEM,
COMPLIES WITH THIS CHAPTER AND REGULATIONS PROMULGATED
AND ADOPTED BY THE BOARD.
(VI) THE SLOT MACHINE LICENSEE IS IN GOOD STANDING
WITH THE BOARD.
(VII) THE SLOT MACHINE LICENSEE AGREES THAT THE
NUMBER OF SLOT MACHINES AND TABLE GAMES IN OPERATION AT
ITS LICENSED FACILITY, AS OF THE EFFECTIVE DATE OF THIS
SECTION, WILL NOT BE REDUCED AS A RESULT OF THE
AUTHORIZATION AND COMMENCEMENT OF INTERACTIVE GAMING.
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(2) IT SHALL BE AN EXPRESS CONDITION OF ANY INTERACTIVE
GAMING CERTIFICATE THAT A SLOT MACHINE LICENSEE SHALL
COLLECT, REPORT AND PAY ALL APPLICABLE TAXES AND FEES AND
SHALL MAINTAIN ALL BOOKS, RECORDS AND DOCUMENTS PERTAINING TO
THE SLOT MACHINE LICENSEE'S INTERACTIVE GAMING OPERATIONS IN
A MANNER AND LOCATION WITHIN THIS COMMONWEALTH AS APPROVED BY
THE BOARD. ALL BOOKS, RECORDS AND DOCUMENTS SHALL BE
IMMEDIATELY AVAILABLE FOR INSPECTION BY THE BOARD AND THE
DEPARTMENT DURING ALL HOURS OF OPERATION IN ACCORDANCE WITH
THE REGULATIONS OF THE BOARD AND SHALL BE MAINTAINED IN A
MANNER AND DURING PERIODS OF TIME AS THE BOARD SHALL REQUIRE.
(B) ISSUANCE OF INTERACTIVE GAMING CERTIFICATE.--
(1) UPON APPROVAL OF A PETITION FOR AN INTERACTIVE
GAMING CERTIFICATE, THE BOARD SHALL ISSUE AN INTERACTIVE
GAMING CERTIFICATE TO THE SLOT MACHINE LICENSEE. THE ISSUANCE
OF AN INTERACTIVE GAMING CERTIFICATE PRIOR TO THE FULL
PAYMENT OF THE AUTHORIZATION FEE REQUIRED UNDER SECTION 13B51
(RELATING TO INTERACTIVE GAMING AUTHORIZATION FEE) SHALL NOT
RELIEVE THE SLOT MACHINE LICENSEE FROM THE OBLIGATION TO PAY
THE AUTHORIZATION FEE IN ACCORDANCE WITH THE REQUIREMENTS OF
SECTION 13B51.
(2) UPON ISSUING AN INTERACTIVE GAMING CERTIFICATE, THE
BOARD SHALL AMEND THE SLOT MACHINE LICENSEE'S STATEMENT OF
CONDITIONS TO INCLUDE CONDITIONS PERTAINING TO THE
REQUIREMENTS OF THIS CHAPTER.
(C) TERM OF INTERACTIVE GAMING CERTIFICATE.--SUBJECT TO THE
POWER OF THE BOARD TO DENY, REVOKE OR SUSPEND AN INTERACTIVE
GAMING CERTIFICATE ISSUED IN ACCORDANCE WITH THE REQUIREMENTS OF
THIS SECTION, AN INTERACTIVE GAMING CERTIFICATE SHALL BE RENEWED
EVERY FIVE YEARS AND SHALL BE SUBJECT TO THE REQUIREMENTS OF
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SECTION 1326 (RELATING TO RENEWALS).
(D) SANCTIONS.--A SLOT MACHINE LICENSEE THAT FAILS TO ABIDE
BY THE REQUIREMENTS OF THIS CHAPTER OR ANY CONDITION CONTAINED
IN THE SLOT MACHINE LICENSEE'S STATEMENT OF CONDITIONS GOVERNING
THE OPERATION OF INTERACTIVE GAMING SHALL BE SUBJECT TO BOARD-
IMPOSED ADMINISTRATIVE SANCTIONS OR OTHER PENALTIES AUTHORIZED
UNDER THIS PART. THE IMPOSITION OF ADMINISTRATIVE SANCTIONS IN
ACCORDANCE WITH THIS SUBSECTION SHALL APPLY TO ANY INTERACTIVE
GAMING OPERATOR THAT FAILS TO ABIDE BY THE REQUIREMENTS OF THIS
CHAPTER AND REGULATIONS OF THE BOARD.
(E) BACKGROUND INVESTIGATIONS.--EACH PETITION FOR AN
INTERACTIVE GAMING CERTIFICATE SHALL BE ACCOMPANIED BY A
NONREFUNDABLE FEE ESTABLISHED BY THE BOARD TO COVER THE COST OF
BACKGROUND INVESTIGATIONS. THE BOARD SHALL DETERMINE BY
REGULATION THE PERSONS INVOLVED, DIRECTLY OR INDIRECTLY, IN A
SLOT MACHINE LICENSEE'S INTERACTIVE GAMING OPERATIONS AND
PERSONS INVOLVED IN THE OPERATIONS OF AN INTERACTIVE GAMING
OPERATOR WHO SHALL BE SUBJECT TO BACKGROUND INVESTIGATION. ANY
ADDITIONAL COSTS AND EXPENSES INCURRED IN ANY BACKGROUND
INVESTIGATION OR OTHER INVESTIGATION OR PROCEEDING UNDER THIS
CHAPTER SHALL BE REIMBURSED TO THE BOARD.
§ 13B14. INTERACTIVE GAMING OPERATORS.
(A) LICENSE REQUIRED.--NO PERSON SHALL SERVE OR ATTEMPT TO
SERVE AS AN INTERACTIVE GAMING OPERATOR WITHOUT FIRST OBTAINING
AN INTERACTIVE GAMING LICENSE FROM THE BOARD. A PERSON MAY SEEK
APPROVAL TO SERVE AS AN INTERACTIVE GAMING OPERATOR BY FILING AN
APPLICATION WITH THE BOARD. THE BOARD SHALL PRESCRIBE THE FORM
AND MANNER TO GOVERN THE SUBMISSION OF AN APPLICATION FOR AN
INTERACTIVE GAMING LICENSE. THE BOARD SHALL PROVIDE FOR THE
LICENSURE OF INTERACTIVE GAMING OPERATORS THAT OPERATE
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INTERACTIVE GAMING OR AN INTERACTIVE GAMING SYSTEM ON BEHALF OF
AN INTERACTIVE GAMING CERTIFICATE HOLDER. THE BOARD SHALL:
(1) DETERMINE SUITABILITY AND PROVIDE FOR THE LICENSURE,
PERMITTING, REGISTRATION OR CERTIFICATION, AS IT DEEMS
APPROPRIATE, OF INTERACTIVE GAMING OPERATORS OR OTHER PERSONS
DIRECTLY INVOLVED IN THE OPERATION OF INTERACTIVE GAMING OR
AN INTERACTIVE GAMING SYSTEM ON BEHALF OF A SLOT MACHINE
LICENSEE. THE BOARD SHALL DETERMINE SUITABILITY IN ACCORDANCE
WITH THE APPLICABLE REQUIREMENTS OF THIS PART, PROVIDED THAT
THE BOARD MAY EXTEND SUITABILITY TO A HOLDER OF A VALID
LICENSE, PERMIT, REGISTRATION, CERTIFICATE OR OTHER
AUTHORIZATIONS APPROVED AND ISSUED UNDER THIS PART, WHICH IS
IN GOOD STANDING, WITHOUT ADDITIONAL INVESTIGATION. THE
EXTENSION OF SUITABILITY IN ACCORDANCE WITH THIS PARAGRAPH
SHALL NOT RELIEVE THE HOLDER OF A VALID LICENSE, PERMIT,
REGISTRATION OR CERTIFICATE ISSUED UNDER THIS CHAPTER FROM
PAYMENT OF ALL FEES IMPOSED UNDER THIS CHAPTER.
(2) PROVIDE FOR THE APPROVAL OF THE TERMS AND CONDITIONS
OF ALL AGREEMENTS ENTERED INTO BY OR BETWEEN AN INTERACTIVE
GAMING CERTIFICATE HOLDER AND AN INTERACTIVE GAMING OPERATOR
OR ANY OTHER PERSON RELATED TO THE OPERATION OF INTERACTIVE
GAMES OR AN INTERACTIVE GAMING SYSTEM ON BEHALF OF THE
INTERACTIVE GAMING CERTIFICATE HOLDER.
(B) CLASSIFICATION AND APPROVAL OF EMPLOYEES.--
(1) THE BOARD SHALL ESTABLISH A CLASSIFICATION SYSTEM
FOR EMPLOYEES OF INTERACTIVE GAMING OPERATORS OR OTHER
PERSONS WHO PROVIDE PRODUCTS OR SERVICES ASSOCIATED WITH OR
RELATED TO INTERACTIVE GAMING, INTERACTIVE GAMING PLATFORMS
AND INTERACTIVE GAMING SYSTEMS.
(2) THE BOARD SHALL PROVIDE FOR THE LICENSURE,
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PERMITTING, REGISTRATION OR CERTIFICATION, AS IT DEEMS
APPROPRIATE, OF EMPLOYEES IN EACH EMPLOYEE CLASSIFICATION
ESTABLISHED BY IT IN ACCORDANCE WITH PARAGRAPH (1).
(C) APPLICABILITY OF CERTAIN PROVISIONS.--INTERACTIVE GAMING
OPERATORS SHALL BE SUBJECT TO THE APPLICABLE PROVISIONS OF THIS
PART THAT APPLY TO INTERACTIVE GAMING CERTIFICATE HOLDERS, AS
DETERMINED BY THE BOARD.
(D) OPERATORS OWNED, CONTROLLED BY SLOT MACHINE LICENSEE.--
THIS SECTION SHALL NOT APPLY TO AN INTERACTIVE GAMING OPERATOR
THAT IS OWNED BY, AFFILIATED WITH OR OTHERWISE CONTROLLED BY A
SLOT MACHINE LICENSEE THAT HAS BEEN APPROVED FOR AND ISSUED AN
INTERACTIVE GAMING CERTIFICATE UNDER THIS CHAPTER. THE BOARD
SHALL DETERMINE BY REGULATION THE CRITERIA OR CONDITIONS
NECESSARY TO DETERMINE WHETHER AN INTERACTIVE GAMING OPERATOR IS
OWNED BY, AFFILIATED WITH OR OTHERWISE CONTROLLED BY A SLOT
MACHINE LICENSEE TO EFFECTUATE THE PURPOSE OF THIS SUBSECTION.
(E) INTERACTIVE GAMING LICENSE AND CONDITIONAL
AUTHORIZATION.--
(1) THE FOLLOWING SHALL APPLY:
(I) DURING THE FIRST 18 MONTHS AFTER THE EFFECTIVE
DATE OF THIS SECTION, THE BOARD MAY ISSUE CONDITIONAL
AUTHORIZATIONS TO PERSONS SEEKING LICENSURE AS
INTERACTIVE GAMING OPERATORS.
(II) CONDITIONAL AUTHORIZATION AWARDED TO AN
INTERACTIVE GAMING OPERATOR MAY REMAIN IN EFFECT UNTIL
THE SHORTER OF 12 MONTHS AFTER THE DATE OF ISSUE OR THE
DATE BY WHICH THE BOARD CONSIDERS THE SUBJECT
APPLICATION.
(III) CONDITIONAL AUTHORIZATION MAY BE RENEWED BY
THE BOARD NOT MORE THAN ONCE, UPON A SHOWING OF GOOD
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CAUSE.
(IV) CONDITIONAL AUTHORIZATION SHALL ALLOW AN
APPLICANT FOR AN INTERACTIVE GAMING LICENSE TO ENGAGE IN
ALL OF THE FUNCTIONS OF A LICENSED INTERACTIVE GAMING
OPERATOR FOR THE DURATION OF THE CONDITIONAL
AUTHORIZATION.
(2) NO CONDITIONAL AUTHORIZATION MAY BE ISSUED UNLESS:
(I) THE APPLICANT HAS SUBMITTED A COMPLETE
APPLICATION FOR AN INTERACTIVE GAMING LICENSE TO THE
BOARD.
(II) THE APPLICANT AGREES TO PAY OR HAS PAID THE FEE
PRESCRIBED IN SECTION 13B51 (RELATING TO INTERACTIVE
GAMING AUTHORIZATION FEE) PRIOR TO THE ISSUANCE OF
CONDITIONAL AUTHORIZATION, WHICH MAY BE REFUNDABLE IN THE
EVENT THE LICENSE IS NOT APPROVED AND ISSUED BY THE
BOARD.
(III) THE BUREAU HAS NO OBJECTION TO THE ISSUANCE OF
A CONDITIONAL AUTHORIZATION TO THE APPLICANT.
(3) WITHIN 45 DAYS OF THE DATE THAT THE BUREAU RECEIVES
THE COMPLETED APPLICATION FOR AN INTERACTIVE GAMING LICENSE
FROM AN APPLICANT FOR INVESTIGATION, THE BUREAU SHALL CONDUCT
A PRELIMINARY INVESTIGATION OF THE APPLICANT AND ANY KEY
INTERACTIVE GAMING EMPLOYEE OF THE APPLICANT, AS DETERMINED
BY THE BOARD, WHICH SHALL INCLUDE A CRIMINAL BACKGROUND
INVESTIGATION OF THE APPLICANT AND ANY INTERACTIVE GAMING
EMPLOYEES OF THE APPLICANT, AS DETERMINED BY THE BOARD IN
ACCORDANCE WITH SECTION 1202(B) (RELATING TO GENERAL AND
SPECIFIC POWERS).
(4) IF THE BUREAU'S PRELIMINARY INVESTIGATION DISCLOSES
NO ADVERSE INFORMATION THAT WOULD IMPACT SUITABILITY FOR
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LICENSURE, THE BUREAU SHALL PROVIDE THE BOARD WITH A
STATEMENT OF NO OBJECTION TO ISSUANCE OF CONDITIONAL
AUTHORIZATION TO THE APPLICANT.
(5) IF THE BUREAU'S PRELIMINARY INVESTIGATION DISCLOSES
ADVERSE INFORMATION THAT WOULD IMPACT SUITABILITY FOR
LICENSURE, IT SHALL REGISTER AN OBJECTION AND NO CONDITIONAL
AUTHORIZATION MAY BE ISSUED UNTIL THE BUREAU'S CONCERNS ARE
RESOLVED.
(6) ANY CONDITIONAL AUTHORIZATION APPROVED AND ISSUED TO
AN APPLICANT FOR AN INTERACTIVE GAMING LICENSE UNDER THIS
SUBSECTION MAY BE SUSPENDED OR WITHDRAWN BY THE BOARD UPON A
SHOWING OF GOOD CAUSE BY THE BUREAU.
§ 13B15. INTERACTIVE GAMING CERTIFICATE AND LICENSE.
THE FOLLOWING SHALL APPLY:
(1) AN INTERACTIVE GAMING CERTIFICATE AND INTERACTIVE
GAMING LICENSE SHALL BE IN EFFECT UNLESS:
(I) THE CERTIFICATE OR LICENSE IS SUSPENDED OR
REVOKED BY THE BOARD CONSISTENT WITH THE REQUIREMENTS OF
THIS PART.
(II) THE SLOT MACHINE LICENSE IS SUSPENDED, REVOKED
OR NOT RENEWED BY THE BOARD CONSISTENT WITH THE
REQUIREMENTS OF THIS PART.
(III) THE SLOT MACHINE LICENSEE RELINQUISHES OR DOES
NOT SEEK RENEWAL OF ITS SLOT MACHINE LICENSE.
(IV) THE SLOT MACHINE LICENSEE DOES NOT SEEK RENEWAL
OF ITS INTERACTIVE GAMING CERTIFICATE.
(2) THE INTERACTIVE GAMING CERTIFICATE MAY INCLUDE AN
INITIAL ITEMIZED LIST BY NUMBER AND TYPE OF AUTHORIZED
INTERACTIVE GAMES FOR INTERACTIVE GAMING TO BE CONDUCTED BY
THE INTERACTIVE GAMING CERTIFICATE HOLDER OR INTERACTIVE
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GAMING OPERATOR OR OTHER PERSON ON BEHALF OF AN INTERACTIVE
GAMING CERTIFICATE HOLDER. THE SLOT MACHINE LICENSEE MAY
INCREASE OR DECREASE THE NUMBER OF INTERACTIVE GAMES
AUTHORIZED FOR PLAY ON ITS INTERACTIVE GAMING SKIN OR
INTERNET WEBSITE OR CHANGE THE TYPE OF AUTHORIZED INTERACTIVE
GAMES PLAYED ON ITS INTERACTIVE GAMING SKIN OR INTERNET
WEBSITE UPON NOTICE, IF REQUIRED BY THE BOARD, TO THE BOARD
AND APPROVAL BY THE BOARD OR A DESIGNATED EMPLOYEE OF THE
BOARD. UNLESS APPROVED BY THE BOARD OR A DESIGNATED EMPLOYEE
OF THE BOARD, THE TOTAL NUMBER AND TYPE OF AUTHORIZED
INTERACTIVE GAMES OFFERED FOR PLAY BY AN INTERACTIVE GAMING
CERTIFICATE HOLDER MAY NOT DIFFER FROM THE NUMBER AND TYPE
APPROVED BY THE BOARD AND AUTHORIZED IN THE INTERACTIVE
GAMING CERTIFICATE.
(3) A SLOT MACHINE LICENSEE SHALL BE REQUIRED TO UPDATE
THE INFORMATION IN ITS INITIAL INTERACTIVE GAMING PETITION AT
TIMES AND IN THE FORM AND MANNER AS PRESCRIBED BY THE BOARD.
§ 13B16. TIMING OF INITIAL INTERACTIVE GAMING AUTHORIZATIONS.
THE BOARD SHALL PRESCRIBE THE DATE ON WHICH PETITIONS FOR AN
INTERACTIVE GAMING CERTIFICATE AND APPLICATIONS FOR AN
INTERACTIVE GAMING LICENSE MUST BE FILED WITH THE BOARD AND
SHALL APPROVE OR DENY A PETITION OR APPLICATION WITHIN 90 DAYS
FOLLOWING RECEIPT.
SUBCHAPTER B.1
MULTI-USE COMPUTING DEVICES
SEC.
13B20. AUTHORIZATION.
13B20.1. BOARD AUTHORIZATION REQUIRED.
13B20.2. STANDARD FOR REVIEW OF APPLICATIONS.
13B20.3. FEES.
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13B20.4. MULTI-USE GAMING DEVICE TAX.
13B20.5. LOCAL SHARE ASSESSMENT.
13B20.6. REGULATIONS.
13B20.7. CONSTRUCTION.
§ 13B20. AUTHORIZATION.
(A) AUTHORITY.--
(1) NOTWITHSTANDING ANY PROVISION OF THIS PART OR
REGULATION OF THE BOARD, AN INTERACTIVE GAMING CERTIFICATE
HOLDER MAY PROVIDE FOR THE CONDUCT OF INTERACTIVE GAMING AT A
QUALIFIED AIRPORT THROUGH THE USE OF MULTI-USE COMPUTING
DEVICES OR ENTER INTO A WRITTEN AGREEMENT WITH AN INTERACTIVE
GAMING OPERATOR THAT PROVIDES FOR THE CONDUCT OF SUCH
INTERACTIVE GAMING BY THE INTERACTIVE GAMING OPERATOR ON
BEHALF OF THE INTERACTIVE GAMING CERTIFICATE HOLDER.
(2) AN INTERACTIVE GAMING CERTIFICATE HOLDER SEEKING TO
MAKE AUTHORIZED INTERACTIVE GAMES AVAILABLE FOR PLAY THROUGH
THE USE OF MULTI-USE COMPUTING DEVICES AT A QUALIFIED AIRPORT
SHALL FILE A PETITION WITH THE BOARD IN SUCH FORM AND MANNER
AS THE BOARD, THROUGH REGULATIONS, SHALL REQUIRE.
(B) PLACE OF CONDUCT.--THE BOARD, AT ITS DISCRETION, MAY
AUTHORIZE AN INTERACTIVE GAMING CERTIFICATE HOLDER OR AN
INTERACTIVE GAMING OPERATOR TO PLACE AND MAKE AUTHORIZED
INTERACTIVE GAMES AVAILABLE FOR PLAY AT A QUALIFIED AIRPORT
THROUGH THE USE OF MULTI-USE COMPUTING DEVICES IN ACCORDANCE
WITH THE REQUIREMENTS OF THIS SUBCHAPTER AND REGULATIONS OF THE
BOARD.
(C) SATISFACTION OF CONTINGENCIES.--AUTHORIZATION FOR AN
INTERACTIVE GAMING CERTIFICATE HOLDER TO CONDUCT INTERACTIVE
GAMING AT A QUALIFIED AIRPORT IN ACCORDANCE WITH SUBSECTION (A)
SHALL BE CONTINGENT UPON THE FOLLOWING:
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(1) THE INTERACTIVE GAMING CERTIFICATE HOLDER HAS
SUBMITTED A PETITION TO THE BOARD SEEKING AUTHORIZATION TO
MANAGE THE CONDUCT OF INTERACTIVE GAMING AT THE QUALIFIED
AIRPORT AND THE BOARD HAS APPROVED THE PETITION.
(2) THE INTERACTIVE GAMING CERTIFICATE HOLDER HAS
DISCLOSED THAT IT HAS OR WILL ENTER INTO AN AGREEMENT WITH AN
INTERACTIVE GAMING OPERATOR WHO WILL MANAGE, OPERATE AND
CONTROL THE CONDUCT OF INTERACTIVE GAMING AT A QUALIFIED
AIRPORT ON BEHALF OF THE INTERACTIVE GAMING CERTIFICATE
HOLDER AND THE INTERACTIVE GAMING OPERATOR HAS PETITIONED THE
BOARD FOR APPROVAL AND THE BOARD HAS APPROVED THE AGREEMENT
AND THE PETITION.
(3) THE INTERACTIVE GAMING CERTIFICATE HOLDER OR
INTERACTIVE GAMING OPERATOR, AS THE CASE MAY BE, HAS ENTERED
INTO AN AGREEMENT WITH THE CONCESSION OPERATOR AT THE
QUALIFIED AIRPORT FOR THE CONDUCT OF INTERACTIVE GAMING
THROUGH THE USE OF MULTI-USE COMPUTING DEVICES WITHIN THE
AIRPORT GAMING AREA.
(4) THE INTERACTIVE GAMING CERTIFICATE HOLDER OR
INTERACTIVE GAMING OPERATOR, AS APPLICABLE, HAS PROVIDED
ADEQUATE ASSURANCES THAT THE CONDUCT OF INTERACTIVE GAMING AT
THE QUALIFIED AIRPORT WILL BE CONDUCTED AND OPERATED IN
ACCORDANCE WITH THIS PART AND REGULATIONS PROMULGATED BY THE
BOARD.
(5) THE INTERACTIVE GAMING CERTIFICATE HOLDER HAS PAID
OR WILL PAY ALL APPLICABLE TAXES AND FEES.
(6) IN THE CASE OF A QUALIFIED AIRPORT THAT IS GOVERNED
BY A MUNICIPAL AUTHORITY OR JOINT MUNICIPAL AUTHORITY
ORGANIZED AND INCORPORATED TO OVERSEE THE OPERATIONS OF AN
AIRPORT IN ACCORDANCE WITH 53 PA.C.S. CH. 56 (RELATING TO
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MUNICIPAL AUTHORITIES), THE INTERACTIVE GAMING CERTIFICATE
HOLDER OR INTERACTIVE GAMING OPERATOR, AS THE CASE MAY BE,
HAS ENTERED INTO AN AGREEMENT WITH THE MUNICIPAL AUTHORITY OR
JOINT MUNICIPAL AUTHORITY FOR THE CONDUCT OF INTERACTIVE
GAMING THROUGH THE USE OF MULTI-USE COMPUTING DEVICES WITHIN
THE GAMING AREA OF THE QUALIFIED AIRPORT AND THE BOARD HAS
APPROVED THE AGREEMENT.
(D) AGREEMENT REQUIRED.--THE FOLLOWING SHALL APPLY:
(1) AN INTERACTIVE GAMING CERTIFICATE HOLDER MAY SEEK
AUTHORIZATION FOR THE OPERATION AND PLACEMENT OF AUTHORIZED
INTERACTIVE GAMES AT A QUALIFIED AIRPORT OR MAY ENTER INTO AN
AGREEMENT WITH AN INTERACTIVE GAMING OPERATOR TO PROVIDE FOR
THE CONDUCT OF INTERACTIVE GAMING AT THE QUALIFIED AIRPORT.
(2) AN AGREEMENT ENTERED INTO IN ACCORDANCE WITH THIS
SUBSECTION SHALL BE IN WRITING AND SHALL BE SUBMITTED TO THE
BOARD FOR REVIEW AND APPROVAL.
§ 13B20.1. BOARD AUTHORIZATION REQUIRED.
(A) CONTENTS OF PETITION.--AN INTERACTIVE GAMING CERTIFICATE
HOLDER SEEKING AUTHORIZATION TO CONDUCT INTERACTIVE GAMING AT A
QUALIFIED AIRPORT THROUGH THE USE OF A MULTI-USE COMPUTING
DEVICE SHALL PETITION THE BOARD FOR APPROVAL. THE PETITION SHALL
INCLUDE:
(1) THE NAME, BUSINESS ADDRESS AND CONTACT INFORMATION
OF THE INTERACTIVE GAMING CERTIFICATE HOLDER OR THE NAME,
BUSINESS ADDRESS AND CONTACT INFORMATION OF THE INTERACTIVE
GAMING OPERATOR, IF AN INTERACTIVE GAMING OPERATOR WILL
MANAGE THE OPERATION OF INTERACTIVE GAMING AT A QUALIFIED
AIRPORT ON BEHALF OF AN INTERACTIVE GAMING CERTIFICATE HOLDER
PURSUANT TO AN INTERACTIVE GAMING AGREEMENT.
(2) THE NAME AND BUSINESS ADDRESS, JOB TITLE AND A
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PHOTOGRAPH OF EACH PRINCIPAL AND KEY EMPLOYEE OF THE
INTERACTIVE GAMING CERTIFICATE HOLDER AND, IF RELEVANT, THE
INTERACTIVE GAMING OPERATOR WHO WILL BE DIRECTLY INVOLVED IN
THE CONDUCT OF AUTHORIZED INTERACTIVE GAMES AT THE QUALIFIED
AIRPORT AND WHO IS NOT CURRENTLY LICENSED BY THE BOARD, IF
KNOWN.
(3) THE NAME AND BUSINESS ADDRESS OF THE AIRPORT
AUTHORITY, THE LOCATION OF THE QUALIFIED AIRPORT AND THE
NAMES OF THE GOVERNING BODY OF THE AIRPORT AUTHORITY, IF THE
AIRPORT AUTHORITY IS INCORPORATED IN ACCORDANCE WITH 53
PA.C.S. CH. 56 (RELATING TO MUNICIPAL AUTHORITIES).
(4) IF THE USE AND CONTROL OF A QUALIFIED AIRPORT IS
REGULATED BY A CITY OF THE FIRST CLASS, AN IDENTIFICATION OF
THE MUNICIPAL AGENCY AND PRIMARY OFFICIALS OF A CITY OF THE
FIRST CLASS, WHICH REGULATES THE USE AND CONTROL OF THE
QUALIFIED AIRPORT.
(5) THE NAME AND JOB TITLE OF THE PERSON OR PERSONS WHO
WILL BE RESPONSIBLE FOR ENSURING THE OPERATION AND INTEGRITY
OF THE CONDUCT OF INTERACTIVE GAMING AT A QUALIFIED AIRPORT
AND REVIEWING REPORTS OF SUSPICIOUS TRANSACTIONS.
(6) THE BRAND NAME OF THE MULTI-USE COMPUTING DEVICES
THAT WILL BE PLACED IN OPERATION AT THE QUALIFIED AIRPORT.
THE BOARD, AT ITS DISCRETION, MAY REQUIRE ANY ADDITIONAL
INFORMATION RELATED TO THE CONDUCT OF INTERACTIVE GAMING AT A
QUALIFIED AIRPORT THROUGH THE USE OF MULTI-USE COMPUTING
DEVICES OR PERSONS THAT MANUFACTURE OR SUPPLY MULTI-USE
COMPUTING DEVICES THAT IT MAY DETERMINE NECESSARY AND
APPROPRIATE TO ENSURE THE INTEGRITY OF INTERACTIVE GAMING AT
A QUALIFIED AIRPORT AND PROTECT THE PUBLIC INTEREST.
(7) AN ITEMIZED LIST OF THE INTERACTIVE GAMES FOR WHICH
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AUTHORIZATION IS BEING SOUGHT.
(8) INFORMATION, AS THE BOARD MAY REQUIRE, ON ANY
COMPUTER APPLICATIONS OR APPS, INCLUDING GAMING APPS, WHICH
CAN BE ACCESSED ON THE MULTI-USE COMPUTING DEVICES.
(9) INFORMATION ON THE TERMS AND CONDITIONS OF ANY
INTERACTIVE GAMING AGREEMENT ENTERED INTO BY OR BETWEEN AN
INTERACTIVE GAMING CERTIFICATE HOLDER AND INTERACTIVE GAMING
OPERATOR OR OTHER PERSON RELATED TO THE CONDUCT OF
INTERACTIVE GAMING THROUGH THE USE OF MULTI-USE COMPUTING
DEVICES AT A QUALIFIED AIRPORT, IF THE BOARD DEEMS NECESSARY
AND APPROPRIATE.
(10) DETAILED SITE PLANS ILLUSTRATING THE LOCATION OF
THE PROPOSED AIRPORT GAMING AREA AT THE QUALIFIED AIRPORT.
(11) INFORMATION AND DOCUMENTATION CONCERNING FINANCIAL
BACKGROUND AND RESOURCES, AS THE BOARD MAY REQUIRE, TO
ESTABLISH BY CLEAR AND CONVINCING EVIDENCE THE FINANCIAL
STABILITY, INTEGRITY AND RESPONSIBILITY OF THE PETITIONER.
(12) ANY OTHER INFORMATION AS THE BOARD MAY REQUIRE.
(B) CONFIDENTIALITY.--INFORMATION SUBMITTED TO THE BOARD
UNDER SUBSECTION (A)(8), (9), (11) AND (12) MAY BE CONSIDERED
CONFIDENTIAL BY THE BOARD IF THE INFORMATION WOULD BE
CONFIDENTIAL UNDER SECTION 1206(F) (RELATING TO BOARD MINUTES
AND RECORDS).
(C) APPROVAL OF PETITION.--UPON APPROVAL OF A PETITION AS
REQUIRED UNDER THIS SECTION, THE BOARD SHALL AUTHORIZE AN
INTERACTIVE GAMING CERTIFICATE HOLDER OR AN INTERACTIVE GAMING
OPERATOR, AS APPLICABLE, TO CONDUCT INTERACTIVE GAMING AT A
QUALIFIED AIRPORT THROUGH THE USE OF MULTI-USE COMPUTING
DEVICES. THE AUTHORIZATION OF AN INTERACTIVE GAMING CERTIFICATE
HOLDER OR AN INTERACTIVE GAMING OPERATOR, AS APPLICABLE, TO
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CONDUCT INTERACTIVE GAMING AT A QUALIFIED AIRPORT IN ACCORDANCE
WITH THIS CHAPTER PRIOR TO THE FULL PAYMENT OF THE AUTHORIZATION
FEE UNDER SECTION 13B20.3 (RELATING TO FEES) SHALL NOT RELIEVE
THE INTERACTIVE GAMING CERTIFICATE HOLDER OR INTERACTIVE GAMING
OPERATOR, AS APPLICABLE, FROM THE OBLIGATION TO PAY THE
AUTHORIZATION FEE IN ACCORDANCE WITH SECTION 13B20.3.
§ 13B20.2. STANDARD FOR REVIEW OF PETITIONS.
THE BOARD SHALL APPROVE A PETITION UNDER SECTION 13B20.1
(RELATING TO BOARD AUTHORIZATION REQUIRED) IF THE INTERACTIVE
GAMING OPERATOR HAS BEEN OR WILL BE ISSUED AN INTERACTIVE GAMING
LICENSE UNDER SECTION 13B14 (RELATING TO INTERACTIVE GAMING
OPERATORS), AND IF IT ESTABLISHES, BY CLEAR AND CONVINCING
EVIDENCE, ALL OF THE FOLLOWING:
(1) THE INTERACTIVE GAMING CERTIFICATE HOLDER OR
INTERACTIVE GAMING OPERATOR, AS THE CASE MAY BE, HAS ENTERED
INTO AN AGREEMENT WITH A CONCESSION OPERATOR FOR THE CONDUCT
OF INTERACTIVE GAMING THROUGH THE USE OF MULTI-USE COMPUTING
DEVICES WITHIN THE AIRPORT GAMING AREA OF A QUALIFIED
AIRPORT.
(2) THE INTERACTIVE GAMING OPERATOR HAS AN AGREEMENT
WITH AN INTERACTIVE GAMING CERTIFICATE HOLDER RELATING TO THE
CONDUCT OF AUTHORIZED INTERACTIVE GAMES BY THE INTERACTIVE
GAMING OPERATOR ON BEHALF OF THE INTERACTIVE GAMING
CERTIFICATE HOLDER.
(3) THE BOARD HAS APPROVED THE AGREEMENTS UNDER
PARAGRAPHS (1) AND (2), AS APPLICABLE.
(4) THE INTERACTIVE GAMING OPERATOR HAS PAID THE
AUTHORIZATION FEE UNDER SECTION 13B51 (RELATING TO
INTERACTIVE GAMING AUTHORIZATION FEE).
(5) THE INTERACTIVE GAMING OPERATOR POSSESSES THE
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NECESSARY FUNDS OR HAS SECURED ADEQUATE FINANCING TO COMMENCE
THE CONDUCT OF INTERACTIVE GAMING AT THE QUALIFIED AIRPORT.
(6) THE PROPOSED INTERNAL AND EXTERNAL SECURITY AND
SURVEILLANCE MEASURES WITHIN THE AIRPORT GAMING AREA OF THE
QUALIFIED AIRPORT ARE ADEQUATE.
§ 13B20.3. FEES.
(A) REQUIRED FEES.--AN INTERACTIVE GAMING CERTIFICATE HOLDER
SHALL PAY A ONE-TIME, NONREFUNDABLE FEE OF $1,000,000 UPON THE
AUTHORIZATION TO CONDUCT INTERACTIVE GAMING AT A QUALIFIED
AIRPORT THROUGH THE USE OF MULTI-USE COMPUTING DEVICES IN
ACCORDANCE WITH THIS CHAPTER.
(B) DEPOSIT OF FEES.--NOTWITHSTANDING SECTION 1208 (RELATING
TO COLLECTION OF FEES AND FINES), ALL FEES OR PENALTIES RECEIVED
BY THE BOARD UNDER THIS CHAPTER SHALL BE DEPOSITED IN THE
GENERAL FUND.
§ 13B20.4. MULTI-USE GAMING DEVICE TAX.
(A) IMPOSITION.--
(1) EACH INTERACTIVE GAMING CERTIFICATE HOLDER
AUTHORIZED TO CONDUCT INTERACTIVE GAMING AT A QUALIFIED
AIRPORT IN ACCORDANCE WITH THE PROVISIONS OF THIS SUBCHAPTER
SHALL REPORT TO THE DEPARTMENT AND PAY FROM ITS DAILY GROSS
INTERACTIVE GAMING REVENUE GENERATED FROM THE CONDUCT OF
INTERACTIVE GAMING THROUGH MULTI-USE COMPUTING DEVICES AT THE
QUALIFIED AIRPORT, ON A FORM AND IN THE MANNER PRESCRIBED BY
THE DEPARTMENT, A TAX OF 14% OF ITS DAILY GROSS INTERACTIVE
GAMING REVENUE GENERATED FROM MULTI-USE COMPUTING DEVICES AT
THE QUALIFIED AIRPORT AND A LOCAL SHARE ASSESSMENT.
(2) THE TAX IMPOSED UNDER SUBSECTION (A) SHALL BE
PAYABLE TO THE DEPARTMENT ON A DAILY BASIS AND SHALL BE BASED
UPON THE GROSS INTERACTIVE GAMING REVENUE GENERATED FROM
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MULTI-USE COMPUTING DEVICES AT A QUALIFIED AIRPORT DERIVED
DURING THE PREVIOUS WEEK.
(3) ALL FUNDS OWED TO THE COMMONWEALTH UNDER THIS
SECTION SHALL BE HELD IN TRUST FOR THE COMMONWEALTH BY THE
INTERACTIVE GAMING CERTIFICATE HOLDER UNTIL THE FUNDS ARE
PAID TO THE DEPARTMENT. AN INTERACTIVE GAMING CERTIFICATE
HOLDER SHALL ESTABLISH A SEPARATE BANK ACCOUNT INTO WHICH
GROSS INTERACTIVE GAMING REVENUE FROM MULTI-USE COMPUTING
DEVICES SHALL BE DEPOSITED AND MAINTAINED UNTIL SUCH TIME AS
THE FUNDS ARE PAID TO THE DEPARTMENT UNDER THIS SECTION.
(4) THE DEPARTMENT SHALL TRANSFER THE TAX REVENUES
COLLECTED UNDER THIS SECTION TO THE GENERAL FUND.
§ 13B20.5. LOCAL SHARE ASSESSMENT.
(A) REQUIRED PAYMENT.--IN ADDITION TO THE TAX IMPOSED UNDER
SECTION 13B20.4 (RELATING TO MULTI-USE GAMING DEVICE TAX), EACH
INTERACTIVE GAMING CERTIFICATE HOLDER SHALL PAY ON A WEEKLY
BASIS AND ON A FORM AND IN A MANNER PRESCRIBED BY THE DEPARTMENT
A LOCAL SHARE ASSESSMENT INTO A RESTRICTED RECEIPTS ACCOUNT
ESTABLISHED IN THE FUND. ALL FUNDS OWED UNDER THIS SECTION SHALL
BE HELD IN TRUST BY THE INTERACTIVE GAMING CERTIFICATE HOLDER
UNTIL THE FUNDS ARE PAID INTO THE ACCOUNT. FUNDS IN THE ACCOUNT
ARE HEREBY APPROPRIATED TO THE DEPARTMENT ON A CONTINUING BASIS
FOR THE PURPOSES SET FORTH IN THIS SECTION.
(B) DISTRIBUTIONS TO QUALIFIED AIRPORTS.--
(1) THE DEPARTMENT SHALL MAKE QUARTERLY DISTRIBUTIONS
FROM THE LOCAL SHARE ASSESSMENTS DEPOSITED INTO THE FUND
UNDER SUBSECTION (A) TO QUALIFIED AIRPORTS.
(2) NOTWITHSTANDING PARAGRAPH (1) OR ANY OTHER PROVISION
OF LAW, THE MULTI-USE COMPUTING DEVICE LOCAL SHARE ASSESSMENT
GENERATED AT A QUALIFIED AIRPORT LOCATED IN A CITY OF THE
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FIRST CLASS WHICH REGULATES THE USE AND CONTROL OF A
QUALIFIED AIRPORT SHALL BE DISTRIBUTED TO THE SCHOOL DISTRICT
OF THE CITY OF THE FIRST CLASS FOR PRE-KINDERGARTEN PROGRAMS.
(C) DEFINITION.--AS USED IN THIS SECTION, THE TERM "MULTI-
USE COMPUTING DEVICE LOCAL SHARE ASSESSMENT" MEANS 20% OF AN
INTERACTIVE GAMING CERTIFICATE HOLDER'S GROSS INTERACTIVE GAMING
REVENUE FROM MULTI-USE COMPUTING DEVICES AT QUALIFIED AIRPORTS.
§ 13B20.6. REGULATIONS.
(A) REGULATIONS.--THE BOARD SHALL PROMULGATE REGULATIONS
RELATED TO THE OPERATION OF AUTHORIZED INTERACTIVE GAMES THROUGH
THE USE OF MULTI-USE COMPUTING DEVICES AT QUALIFIED AIRPORTS,
INCLUDING, BUT NOT LIMITED TO:
(1) PROCEDURES FOR THE CREATION OF TEMPORARY OR
PROVISIONAL INTERACTIVE GAMING ACCOUNTS THAT TAKE INTO
CONSIDERATION THE NATURE OF INTERACTIVE GAMING THROUGH MULTI-
USE COMPUTING DEVICES AT QUALIFIED AIRPORTS.
(2) PROCEDURES TO GOVERN CREDITS, DEBITS, DEPOSITS AND
PAYMENTS TO INTERACTIVE GAMING ACCOUNTS ESTABLISHED THROUGH
MULTI-USE COMPUTING DEVICES AT QUALIFIED AIRPORTS.
(3) PROCEDURES, IN CONSULTATION WITH THE DEPARTMENT, TO
GOVERN FINANCIAL TRANSACTIONS BETWEEN AN INTERACTIVE GAMING
CERTIFICATE HOLDER, AN INTERACTIVE GAMING OPERATOR OR OTHER
PERSONS THAT RELATES TO THE REPORTING OF GROSS INTERACTIVE
GAMING REVENUE GENERATED THROUGH THE USE OF MULTI-USE
COMPUTING DEVICES AT QUALIFIED AIRPORTS.
(B) TEMPORARY REGULATIONS.--IN ORDER TO FACILITATE THE
PROMPT IMPLEMENTATION OF THIS CHAPTER, REGULATIONS PROMULGATED
BY THE BOARD IN ACCORDANCE WITH SUBSECTION (A) SHALL BE DEEMED
TEMPORARY REGULATIONS. THE BOARD AND THE COMMISSION MAY
PROMULGATE TEMPORARY REGULATIONS NOT SUBJECT TO:
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(1) SECTIONS 201, 202, 203, 204 AND 205 OF THE ACT OF
JULY 31, 1968 (P.L.769, NO.240), REFERRED TO AS THE
COMMONWEALTH DOCUMENTS LAW.
(2) SECTIONS 204(B) AND 301(10) OF THE ACT OF OCTOBER
15, 1980 (P.L.950, NO.164), KNOWN AS THE COMMONWEALTH
ATTORNEYS ACT.
(3) THE ACT OF JUNE 25, 1982 (P.L.633, NO.181), KNOWN AS
THE REGULATORY REVIEW ACT.
§ 13B20.7. CONSTRUCTION.
NOTHING IN THIS SUBCHAPTER SHALL BE CONSTRUED TO:
(1) CREATE A SEPARATE LICENSE GOVERNING THE USE OF
MULTI-USE COMPUTING DEVICES FOR THE CONDUCT OF INTERACTIVE
GAMES AT ELIGIBLE AIRPORTS BY INTERACTIVE GAMING CERTIFICATE
HOLDERS WITHIN THIS COMMONWEALTH.
(2) LIMIT THE BOARD'S AUTHORITY TO DETERMINE THE
SUITABILITY OF ANY PERSON WHO MAY BE DIRECTLY OR INDIRECTLY
INVOLVED IN OR ASSOCIATED WITH THE OPERATION OF INTERACTIVE
GAMING AT A QUALIFIED AIRPORT TO ENSURE THE INTEGRITY OF
INTERACTIVE GAMING AND PROTECT THE PUBLIC INTEREST.
SUBCHAPTER C
CONDUCT OF INTERACTIVE GAMING
SEC.
13B21. SITUS OF INTERACTIVE GAMING OPERATIONS.
13B22. ESTABLISHMENT OF INTERACTIVE GAMING ACCOUNTS.
13B23. INTERACTIVE GAMING ACCOUNT CREDITS, DEBITS, DEPOSITS AND
PAYMENTS.
13B24. ACCEPTANCE OF ACCOUNT WAGERS.
13B25. DORMANT INTERACTIVE GAMING ACCOUNTS.
13B26. LOG-IN PROCEDURE REQUIRED.
13B27. INFORMATION PROVIDED AT LOGIN.
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13B28. PROHIBITIONS.
13B29. COMMENCEMENT OF INTERACTIVE GAMING OPERATIONS.
§ 13B21. SITUS OF INTERACTIVE GAMING OPERATIONS.
EXCEPT AS PROVIDED IN THIS CHAPTER, ALL WAGERS MADE THROUGH
INTERACTIVE GAMING SHALL BE DEEMED TO BE INITIATED, RECEIVED OR
OTHERWISE MADE WITHIN THE GEOGRAPHIC BOUNDARIES OF THIS
COMMONWEALTH. THE INTERMEDIATE ROUTING OF ELECTRONIC DATA
ASSOCIATED OR IN CONNECTION WITH INTERACTIVE GAMING SHALL NOT
DETERMINE THE LOCATION OR LOCATIONS IN WHICH A BET OR WAGER IS
INITIATED, RECEIVED OR OTHERWISE MADE.
§ 13B22. ESTABLISHMENT OF INTERACTIVE GAMING ACCOUNTS.
(A) REGISTRATION RESTRICTIONS.--ONLY A NATURAL PERSON WHO
HAS FIRST ESTABLISHED AN INTERACTIVE GAMING ACCOUNT SHALL BE
PERMITTED TO PLAY AN AUTHORIZED INTERACTIVE GAME OR PLACE ANY
BET OR WAGER ASSOCIATED WITH AN AUTHORIZED INTERACTIVE GAME. AN
INTERACTIVE GAMING ACCOUNT SHALL BE IN THE NAME OF A NATURAL
PERSON AND MAY NOT BE IN THE NAME OF ANY BENEFICIARY, CUSTODIAN,
JOINT TRUST, CORPORATION, PARTNERSHIP OR OTHER ORGANIZATION OR
ENTITY. AN INTERACTIVE GAMING CERTIFICATE HOLDER SHALL NOT
PERMIT AN INDIVIDUAL TO ESTABLISH AN INTERACTIVE GAMING ACCOUNT
UNLESS THE PERSON IS 21 YEARS OF AGE OR OLDER.
(B) ESTABLISHMENT OF INTERACTIVE GAMING ACCOUNTS.--
(1) AN INTERACTIVE GAMING ACCOUNT MAY BE EXECUTED IN
PERSON, PROVIDED THAT THE BOARD SHALL, THROUGH REGULATIONS,
PROVIDE PROCEDURES FOR THE ESTABLISHMENT OF INTERACTIVE
GAMING ACCOUNTS OVER THE INTERNET THROUGH THE INTERACTIVE
GAMING CERTIFICATE HOLDER'S INTERACTIVE GAMING SKIN OR PORTAL
OR INTERNET WEBSITE. EACH INTERACTIVE GAMING ACCOUNT SHALL
COMPLY WITH THE INTERNAL CONTROLS OF THE INTERACTIVE GAMING
CERTIFICATE HOLDER THAT, AT A MINIMUM, REQUIRE THE FOLLOWING:
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(I) THE FILING AND EXECUTION OF AN INTERACTIVE
GAMING ACCOUNT APPLICATION, THE FORM OF WHICH HAS BEEN
PREAPPROVED BY THE BOARD.
(II) PROOF OF AGE, IDENTITY AND RESIDENCY AS
DEMONSTRATED BY AT LEAST TWO FORMS OF IDENTIFICATION
APPROVED BY THE BOARD THROUGH REGULATION.
(III) PHYSICAL ADDRESS OR THE PRINCIPAL RESIDENCE OF
THE PROSPECTIVE ACCOUNT HOLDER, E-MAIL ADDRESS OF THE
PROSPECTIVE ACCOUNT HOLDER AND OTHER CONTACT INFORMATION,
AS THE BOARD OR INTERACTIVE GAMING CERTIFICATE HOLDER MAY
REQUIRE.
(IV) PASSWORD OR OTHER SECURED IDENTIFICATION
PROVIDED BY THE INTERACTIVE GAMING CERTIFICATE HOLDER TO
ACCESS THE INTERACTIVE GAMING ACCOUNT OR SOME OTHER
MECHANISM APPROVED BY THE BOARD TO AUTHENTICATE THE
PLAYER AS THE HOLDER TO THE INTERACTIVE GAMING ACCOUNT.
(V) AN ACKNOWLEDGMENT UNDER PENALTY OF PERJURY THAT
FALSE OR MISLEADING STATEMENTS MADE IN REGARD TO AN
APPLICATION FOR AN INTERACTIVE GAMING ACCOUNT MAY SUBJECT
THE APPLICANT TO CIVIL AND CRIMINAL PENALTIES.
(2) THE INTERACTIVE GAMING CERTIFICATE HOLDER MAY ACCEPT
OR REJECT AN APPLICATION AFTER RECEIPT AND REVIEW OF THE
APPLICATION AND VERIFICATION OF AGE AND IDENTITY FOR
COMPLIANCE WITH THE PROVISIONS OF THIS CHAPTER. THE
INTERACTIVE GAMING CERTIFICATE HOLDER SHALL HAVE THE RIGHT,
AT ANY TIME WITH OR WITHOUT CAUSE, TO SUSPEND OR CLOSE ANY
INTERACTIVE GAMING ACCOUNT AT ITS SOLE DISCRETION.
(3) THE ADDRESS PROVIDED BY THE APPLICANT IN THE
APPLICATION FOR AN INTERACTIVE GAMING ACCOUNT SHALL BE DEEMED
THE ADDRESS OF RECORD FOR THE PURPOSES OF MAILING CHECKS,
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ACCOUNT WITHDRAWALS, NOTICES AND OTHER MATERIALS TO THE
INTERACTIVE GAMING ACCOUNT HOLDER.
(4) AN INTERACTIVE GAMING ACCOUNT SHALL NOT BE
ASSIGNABLE OR OTHERWISE TRANSFERABLE AND AN INTERACTIVE
GAMING CERTIFICATE HOLDER MAY, AT ANY TIME, DECLARE ALL OR
ANY PART OF AN INTERACTIVE GAMING ACCOUNT TO BE CLOSED FOR
WAGERING.
(C) PASSWORD REQUIRED.--AS PART OF THE APPLICATION PROCESS,
THE INTERACTIVE GAMING CERTIFICATE HOLDER SHALL PROVIDE THE
PROSPECTIVE INTERACTIVE GAMING ACCOUNT HOLDER WITH A PASSWORD TO
ACCESS THE INTERACTIVE GAMING ACCOUNT OR SHALL ESTABLISH SOME
OTHER METHOD APPROVED BY THE BOARD TO AUTHENTICATE THE
INDIVIDUAL AS THE HOLDER OF THE INTERACTIVE GAMING ACCOUNT AND
ALLOW THE REGISTERED PLAYER ACCESS TO THE INTERACTIVE GAMING
ACCOUNT.
(D) GROUNDS FOR REJECTION.--ANY INDIVIDUAL WHO PROVIDES
FALSE OR MISLEADING INFORMATION IN THE APPLICATION FOR AN
INTERACTIVE GAMING ACCOUNT MAY BE SUBJECT TO REJECTION OF THE
APPLICATION OR CANCELLATION OF THE ACCOUNT BY THE INTERACTIVE
GAMING CERTIFICATE HOLDER.
(E) SUSPENSION OF INTERACTIVE GAMING ACCOUNT.--THE
INTERACTIVE GAMING CERTIFICATE HOLDER SHALL HAVE THE RIGHT TO
SUSPEND OR CLOSE ANY INTERACTIVE GAMING ACCOUNT AT ITS
DISCRETION.
(F) PERSONS PROHIBITED FROM ESTABLISHING OR MAINTAINING AN
INTERACTIVE GAMING ACCOUNT.--THE FOLLOWING PERSONS SHALL NOT BE
ENTITLED TO ESTABLISH OR MAINTAIN AN INTERACTIVE GAMING ACCOUNT:
(1) ANY PERSON UNDER 21 YEARS OF AGE.
(2) ANY PERSON ON THE LIST OF PERSONS WHO ARE OR WILL BE
EXCLUDED OR EJECTED FROM OR DENIED ACCESS TO ANY LICENSED
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FACILITY UNDER SECTION 1514 (RELATING TO REGULATION REQUIRING
EXCLUSION, EJECTION OR DENIAL OF ACCESS OF CERTAIN PERSONS),
1515 (RELATING TO REPEAT OFFENDERS EXCLUDABLE FROM LICENSED
GAMING FACILITY) OR 1516 (RELATING TO LIST OF PERSONS SELF
EXCLUDED FROM GAMING ACTIVITIES).
(3) ANY GAMING EMPLOYEE, KEY EMPLOYEE OR PRINCIPAL
EMPLOYEE OF A SLOT MACHINE LICENSEE AND ANY EMPLOYEE OR KEY
EMPLOYEE OF AN INTERACTIVE GAMING OPERATOR OR ANY OTHER
PERSON DIRECTLY INVOLVED IN THE OPERATION OF INTERACTIVE
GAMING OR AN INTERACTIVE GAMING SYSTEM ON BEHALF OF A SLOT
MACHINE LICENSEE.
§ 13B23. INTERACTIVE GAMING ACCOUNT CREDITS, DEBITS, DEPOSITS
AND PAYMENTS.
(A) DUTY OF BOARD.--THE BOARD SHALL, BY REGULATION, DEVELOP
PROCEDURES TO GOVERN CREDITS, DEBITS AND DEPOSITS TO INTERACTIVE
GAMING ACCOUNTS. NOTWITHSTANDING ANY PROVISION OF THIS PART TO
THE CONTRARY, ALL CREDITS, DEBITS AND DEPOSITS TO INTERACTIVE
GAMING ACCOUNTS SHALL BE MADE IN ACCORDANCE WITH REGULATIONS
PROMULGATED BY THE BOARD, IN CONSULTATION WITH THE DEPARTMENT,
AND ALL PAYMENTS OF WINNINGS SHALL BE MADE IN ACCORDANCE WITH
THE RULES OF EACH PARTICULAR AUTHORIZED INTERACTIVE GAME.
(B) RIGHTS OF INTERACTIVE GAMING CERTIFICATE HOLDER.--AN
INTERACTIVE GAMING CERTIFICATE HOLDER SHALL HAVE THE RIGHT TO:
(1) CREDIT AN INTERACTIVE GAMING ACCOUNT AS PART OF A
PROMOTION.
(2) REFUSE ALL OR PART OF ANY WAGER OR DEPOSIT TO THE
INTERACTIVE GAMING ACCOUNT OF A REGISTERED PLAYER.
(C) INTEREST PROHIBITED.--FUNDS DEPOSITED IN A REGISTERED
PLAYER'S INTERACTIVE GAMING ACCOUNT SHALL NOT BEAR INTEREST TO
THE ACCOUNT HOLDER.
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§ 13B24. ACCEPTANCE OF ACCOUNT WAGERS.
(A) ACCEPTANCE.--A N INTERACTIVE GAMING CERTIFICATE HOLDER
MAY ACCEPT INTERACTIVE GAMING WAGERS OR BETS ONLY AS FOLLOWS:
(1) THE WAGER SHALL BE PLACED DIRECTLY WITH THE
INTERACTIVE GAMING CERTIFICATE HOLDER BY THE REGISTERED
PLAYER, AFTER THE INTERACTIVE GAMING CERTIFICATE HOLDER HAS
VERIFIED THAT THE INDIVIDUAL SEEKING TO PLACE A WAGER OR BET
IS THE REGISTERED PLAYER.
(2) THE REGISTERED PLAYER PROVIDES THE SLOT MACHINE
LICENSEE WITH THE CORRECT PASSWORD OR OTHER AUTHENTICATION
INFORMATION FOR ACCESS TO THE INTERACTIVE GAMING ACCOUNT.
(B) NONACCEPTANCE.--A N INTERACTIVE GAMING CERTIFICATE HOLDER
MAY NOT ACCEPT AN ACCOUNT WAGER IN AN AMOUNT IN EXCESS OF FUNDS
ON DEPOSIT IN AN INTERACTIVE GAMING ACCOUNT OF THE REGISTERED
PLAYER PLACING THE BET OR WAGER. FUNDS ON DEPOSIT INCLUDE
AMOUNTS CREDITED TO A REGISTERED PLAYER'S INTERACTIVE GAMING
ACCOUNT IN ACCORDANCE WITH REGULATIONS OF THE BOARD AND ANY
FUNDS IN THE ACCOUNT AT THE TIME THE WAGER IS PLACED.
§ 13B25. DORMANT INTERACTIVE GAMING ACCOUNTS.
BEFORE CLOSING A DORMANT INTERACTIVE GAMING ACCOUNT, THE
INTERACTIVE GAMING CERTIFICATE HOLDER SHALL ATTEMPT TO CONTACT
THE INTERACTIVE GAMING ACCOUNT HOLDER BY MAIL AND PHONE OR E-
MAIL TO INFORM THE ACCOUNT HOLDER THAT THE INTERACTIVE GAMING
ACCOUNT IS INACTIVE AND MAY BE SUBJECT TO TERMINATION AT SUCH
TIME AND MANNER AS DETERMINED BY REGULATION OF THE BOARD.
§ 13B26. LOG-IN PROCEDURE REQUIRED.
EACH INTERACTIVE GAMING CERTIFICATE HOLDER SHALL ESTABLISH A
LOG-IN PROCEDURE FOR REGISTERED PLAYERS TO ACCESS INTERACTIVE
GAMING. THE LOG-IN PROCEDURE SHALL INCLUDE THE PROVISION OF THE
APPROPRIATE AUTHENTICATION INFORMATION BY THE REGISTERED PLAYER
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FOR ACCESS TO THE INTERACTIVE GAMING ACCOUNT. THE INTERACTIVE
GAMING CERTIFICATE HOLDER SHALL NOT ALLOW A REGISTERED PLAYER TO
LOG IN AND ACCESS THE INTERACTIVE GAMING ACCOUNT UNLESS THE
CORRECT PASSWORD OR OTHER AUTHENTICATION INFORMATION IS
PROVIDED.
§ 13B27. INFORMATION PROVIDED AT LOGIN.
THE INTERACTIVE GAMING CERTIFICATE HOLDER SHALL CONFIGURE ITS
INTERACTIVE GAMING SKIN TO INCLUDE A LINK THAT, UPON LOGIN, WILL
ALLOW A REGISTERED PLAYER TO ACCESS ALL OF THE FOLLOWING
INFORMATION:
(1) THE CURRENT AMOUNT OF FUNDS IN THE INTERACTIVE
GAMING ACCOUNT.
(2) THE WINS AND LOSSES SINCE THE INTERACTIVE GAMING
ACCOUNT WAS ESTABLISHED.
(3) THE WINS AND LOSSES AT THE BEGINNING OF THE CURRENT
GAMING SESSION AND THE WINS AND LOSSES AT THE END OF THE
CURRENT GAMING SESSION.
(4) THE COMPLETE TEXT IN SEARCHABLE FORMAT OF THE RULES
OF EACH AUTHORIZED INTERACTIVE GAME OFFERED BY THE
INTERACTIVE GAMING CERTIFICATE HOLDER AND ANY OTHER
INFORMATION AS THE BOARD MAY REQUIRE.
§ 13B28. PROHIBITIONS.
EXCEPT AS PROVIDED IN THIS PART, NO INTERACTIVE GAMING
CERTIFICATE HOLDER OR ANY PERSON LICENSED UNDER THIS PART TO
OPERATE INTERACTIVE GAMING OR AN INTERACTIVE GAMING SYSTEM AND
NO PERSON ACTING ON BEHALF OF, OR UNDER ANY ARRANGEMENT WITH, AN
INTERACTIVE GAMING CERTIFICATE HOLDER OR OTHER PERSON LICENSED
UNDER THIS PART SHALL:
(1) MAKE ANY LOAN TO ANY PERSON FOR THE PURPOSE OF
CREDITING AN INTERACTIVE GAMING ACCOUNT.
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(2) RELEASE OR DISCHARGE ANY DEBT, EITHER IN WHOLE OR IN
PART, OR MAKE ANY LOAN WHICH REPRESENTS ANY LOSSES INCURRED
BY ANY REGISTERED PLAYER WHILE PLAYING AUTHORIZED INTERACTIVE
GAMES WITHOUT MAINTAINING A WRITTEN RECORD THEREOF IN
ACCORDANCE WITH REGULATIONS OF THE BOARD.
§ 13B29. COMMENCEMENT OF INTERACTIVE GAMING OPERATIONS.
AN INTERACTIVE GAMING CERTIFICATE HOLDER MAY NOT OPERATE OR
OFFER INTERACTIVE GAMES FOR PLAY ON ITS INTERACTIVE GAMING SKIN
UNTIL THE BOARD DETERMINES THAT:
(1) THE INTERACTIVE GAMING CERTIFICATE HOLDER IS IN
COMPLIANCE WITH THE REQUIREMENTS OF THIS CHAPTER.
(2) THE INTERACTIVE GAMING CERTIFICATE HOLDER 'S
INTERNAL, ADMINISTRATIVE AND ACCOUNTING CONTROLS ARE
SUFFICIENT TO MEET THE REQUIREMENTS OF SECTION 13B32
(RELATING TO INTERNAL, ADMINISTRATIVE AND ACCOUNTING
CONTROLS).
(3) THE INTERACTIVE GAMING CERTIFICATE HOLDER 'S
INTERACTIVE GAMING EMPLOYEES, WHERE APPLICABLE, ARE LICENSED,
PERMITTED, REGISTERED, CERTIFIED OR OTHERWISE AUTHORIZED BY
THE BOARD TO PERFORM THEIR RESPECTIVE DUTIES.
(4) THE EMPLOYEES OF THE INTERACTIVE GAMING OPERATOR
ARE, WHERE APPLICABLE, LICENSED, PERMITTED OR OTHERWISE
AUTHORIZED BY THE BOARD TO PERFORM THEIR DUTIES.
(5) THE INTERACTIVE GAMING CERTIFICATE HOLDER IS
PREPARED IN ALL RESPECTS TO OFFER INTERACTIVE GAMING TO THE
PUBLIC OVER ITS INTERACTIVE GAMING SKIN.
(6) THE INTERACTIVE GAMING CERTIFICATE HOLDER HAS
IMPLEMENTED NECESSARY INTERNAL, ADMINISTRATIVE AND ACCOUNTING
CONTROLS, SECURITY ARRANGEMENTS AND SURVEILLANCE SYSTEMS FOR
THE OPERATION OF INTERACTIVE GAMING.
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(7) THE INTERACTIVE GAMING CERTIFICATE HOLDER IS IN
COMPLIANCE WITH OR WILL COMPLY WITH SECTION 13B31 (RELATING
TO RESPONSIBILITIES OF INTERACTIVE GAMING CERTIFICATE
HOLDER).
(8) THE BOARD HAS APPROVED AN AGREEMENT ENTERED BETWEEN
THE INTERACTIVE GAMING CERTIFICATE HOLDER AND AN INTERACTIVE
GAMING OPERATOR OR OTHER PERSON RELATED TO THE OPERATION OF
INTERACTIVE GAMING OR THE OPERATION OF AN INTERACTIVE GAMING
SYSTEM ON BEHALF OF SUCH INTERACTIVE GAMING CERTIFICATE
HOLDER .
SUBCHAPTER D
FACILITIES AND EQUIPMENT
SEC.
13B31. RESPONSIBILITIES OF INTERACTIVE GAMING CERTIFICATE
HOLDER .
13B32. INTERNAL, ADMINISTRATIVE AND ACCOUNTING CONTROLS.
§ 13B31. RESPONSIBILITIES OF INTERACTIVE GAMING CERTIFICATE
HOLDER .
(A) FACILITIES AND EQUIPMENT.--ALL FACILITIES AND
INTERACTIVE GAMING DEVICES AND ASSOCIATED EQUIPMENT SHALL:
(1) BE ARRANGED IN A MANNER PROMOTING APPROPRIATE
SECURITY FOR INTERACTIVE GAMING.
(2) INCLUDE A CLOSED-CIRCUIT VIDEO MONITORING SYSTEM
ACCORDING TO RULES OR SPECIFICATIONS APPROVED BY THE BOARD,
WITH BOARD ABSOLUTE ACCESS TO THE INTERACTIVE GAMING
CERTIFICATE HOLDER 'S INTERACTIVE GAMING SKIN, INTERNET
WEBSITE AND PLATFORM, SIGNAL OR TRANSMISSION USED IN
CONNECTION WITH INTERACTIVE GAMING.
(3) NOT BE DESIGNED IN ANY WAY THAT MIGHT INTERFERE WITH
OR IMPEDE THE BOARD IN ITS REGULATION OF INTERACTIVE GAMING.
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(4) COMPLY IN ALL RESPECTS WITH REGULATIONS OF THE
BOARD.
(B) LOCATION OF EQUIPMENT AND INTERACTIVE GAMING RESTRICTED
AREAS.--
(1) ALL INTERACTIVE GAMING DEVICES AND ASSOCIATED
EQUIPMENT USED BY AN INTERACTIVE GAMING CERTIFICATE HOLDER OR
AN INTERACTIVE GAMING LICENSEE TO CONDUCT INTERACTIVE GAMING
MAY BE LOCATED, WITH THE PRIOR APPROVAL OF THE BOARD, IN AN
INTERACTIVE GAMING RESTRICTED AREA ON THE PREMISES OF THE
LICENSED FACILITY, IN AN INTERACTIVE GAMING RESTRICTED AREA
WITHIN THE GEOGRAPHIC LIMITS OF THE COUNTY IN THIS
COMMONWEALTH WHERE THE LICENSED FACILITY IS SITUATED OR IN
ANY OTHER AREA APPROVED BY THE BOARD.
(2) ALL WAGERS ASSOCIATED WITH INTERACTIVE GAMING SHALL
BE DEEMED TO BE PLACED WHEN RECEIVED BY THE INTERACTIVE
GAMING CERTIFICATE HOLDER .
§ 13B32. INTERNAL, ADMINISTRATIVE AND ACCOUNTING CONTROLS.
(A) SUBMISSIONS TO BOARD.--NOTWITHSTANDING ANY PROVISION OF
THIS PART, EACH SLOT MACHINE LICENSEE WHO HOLDS OR HAS APPLIED
FOR AN INTERACTIVE GAMING CERTIFICATE IN ACCORDANCE WITH THIS
CHAPTER SHALL SUBMIT A DESCRIPTION OF ITS SYSTEM OF INTERNAL
PROCEDURES AND ADMINISTRATIVE AND ACCOUNTING CONTROLS FOR
INTERACTIVE GAMING TO THE BOARD, INCLUDING PROVISIONS THAT
PROVIDE FOR REAL-TIME MONITORING, RECORDATION OR STORAGE OF ALL
INTERACTIVE GAMES AND A DESCRIPTION OF ANY CHANGES TO ITS
PROCEDURES AND CONTROLS. THE SUBMISSION SHALL BE MADE AT LEAST
90 DAYS BEFORE AUTHORIZED INTERACTIVE GAMING IS TO COMMENCE OR
AT LEAST 90 DAYS BEFORE ANY CHANGE IN THOSE PROCEDURES OR
CONTROLS IS TO TAKE EFFECT, UNLESS OTHERWISE DIRECTED BY THE
BOARD.
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(B) FILING.--NOTWITHSTANDING SUBSECTION (A), THE PROCEDURES
AND CONTROLS MAY BE IMPLEMENTED BY AN INTERACTIVE GAMING
CERTIFICATE HOLDER UPON THE FILING OF THE PROCEDURES AND
CONTROLS WITH THE BOARD. EACH PROCEDURE OR CONTROL SUBMISSION
SHALL CONTAIN BOTH NARRATIVE AND DIAGRAMMATIC REPRESENTATIONS OF
THE SYSTEM TO BE UTILIZED WITH REGARD TO INTERACTIVE GAMING,
INCLUDING, BUT NOT LIMITED TO:
(1) ACCOUNTING CONTROLS, INCLUDING THE STANDARDIZATION
OF FORMS AND DEFINITION OF TERMS TO BE UTILIZED IN THE
INTERACTIVE GAMING OPERATIONS.
(2) PROCEDURES, FORMS AND, WHERE APPROPRIATE, FORMULAS
TO GOVERN THE FOLLOWING:
(I) CALCULATION OF HOLD PERCENTAGES;
(II) REVENUE DROPS;
(III) EXPENSE AND OVERHEAD SCHEDULES;
(IV) COMPLIMENTARY SERVICES; AND
(V) CASH-EQUIVALENT TRANSACTIONS.
(3) JOB DESCRIPTIONS AND THE SYSTEM OF PERSONNEL AND
CHAIN OF COMMAND, ESTABLISHING A DIVERSITY OF RESPONSIBILITY
AMONG EMPLOYEES ENGAGED IN INTERACTIVE GAMING OPERATIONS,
INCLUDING EMPLOYEES OF AN INTERACTIVE GAMING OPERATOR, AND
IDENTIFYING PRIMARY AND SECONDARY MANAGEMENT AND SUPERVISORY
POSITIONS FOR AREAS OF RESPONSIBILITY, SALARY STRUCTURE AND
PERSONNEL PRACTICES.
(4) PROCEDURES FOR THE REGISTRATION OF PLAYERS AND
ESTABLISHMENT OF INTERACTIVE GAMING ACCOUNTS, INCLUDING A
PROCEDURE FOR AUTHENTICATING THE AGE, IDENTITY AND LOCATION
OF APPLICANTS FOR INTERACTIVE GAMING ACCOUNTS.
(5) PROCEDURES FOR TERMINATING A REGISTERED PLAYER'S
INTERACTIVE GAMING ACCOUNT AND THE RETURN OF ANY FUNDS
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REMAINING IN THE INTERACTIVE GAMING ACCOUNT TO THE REGISTERED
PLAYER.
(6) PROCEDURES FOR SUSPENDING OR TERMINATING A DORMANT
INTERACTIVE GAMING ACCOUNT.
(7) PROCEDURES FOR THE LOGGING IN AND AUTHENTICATION OF
A REGISTERED PLAYER IN ORDER TO ENABLE THE PLAYER TO COMMENCE
INTERACTIVE GAMING AND THE LOGGING OFF OF THE REGISTERED
PLAYER WHEN THE PLAYER HAS COMPLETED PLAY, INCLUDING A
PROCEDURE TO AUTOMATICALLY LOG A REGISTERED PLAYER OUT OF THE
PLAYER'S INTERACTIVE GAMING ACCOUNT AFTER A SPECIFIED PERIOD
OF INACTIVITY.
(8) PROCEDURES FOR THE CREDITING AND DEBITING OF
REGISTERED PLAYERS' INTERACTIVE GAMING ACCOUNTS.
(9) PROCEDURES FOR CASHING CHECKS, RECEIVING ELECTRONIC
NEGOTIABLE INSTRUMENTS AND FOR REDEEMING CHIPS, TOKENS OR
OTHER CASH EQUIVALENTS.
(10) PROCEDURES FOR WITHDRAWING FUNDS FROM AN
INTERACTIVE GAMING ACCOUNT BY THE REGISTERED PLAYER.
(11) PROCEDURES FOR THE PROTECTION OF PLAYER FUNDS,
INCLUDING THE SEGREGATION OF PLAYER FUNDS FROM OPERATING
FUNDS.
(12) PROCEDURES FOR RECORDING TRANSACTIONS PERTAINING TO
INTERACTIVE GAMING.
(13) PROCEDURES FOR THE SECURITY AND SHARING OF PERSONAL
IDENTIFIABLE INFORMATION OF REGISTERED PLAYERS AND OTHER
INFORMATION AS REQUIRED BY THE BOARD AND FUNDS IN INTERACTIVE
GAMING ACCOUNTS. THE PROCEDURES SHALL INCLUDE THE MEANS BY
WHICH AN INTERACTIVE GAMING CERTIFICATE HOLDER OR INTERACTIVE
GAMING OPERATOR WILL PROVIDE NOTICE TO REGISTERED PLAYERS
RELATED TO ITS SHARING OF PERSONAL IDENTIFIABLE INFORMATION.
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FOR THE PURPOSE OF THIS PARAGRAPH, "PERSONAL IDENTIFIABLE
INFORMATION" SHALL MEAN ANY DATA OR INFORMATION THAT CAN BE
USED, ON ITS OWN OR WITH OTHER DATA OR INFORMATION, TO
IDENTIFY, CONTACT OR OTHERWISE LOCATE A REGISTERED PLAYER,
INCLUDING A REGISTERED PLAYER'S NAME, ADDRESS, DATE OF BIRTH
AND SOCIAL SECURITY NUMBER.
(14) PROCEDURES AND SECURITY FOR THE CALCULATION AND
RECORDATION OF REVENUE.
(15) PROCEDURES FOR THE SECURITY OF INTERACTIVE GAMING
DEVICES AND ASSOCIATED EQUIPMENT WITHIN AN INTERACTIVE GAMING
RESTRICTED AREA ON THE PREMISES OF THE LICENSED FACILITY OR
IN A SECURE FACILITY INACCESSIBLE TO THE PUBLIC AND
SPECIFICALLY DESIGNED FOR THAT PURPOSE OFF THE PREMISES OF A
LICENSED FACILITY AS APPROVED BY THE BOARD.
(16) PROCEDURES AND SECURITY STANDARDS AS TO RECEIPT OF
AND THE HANDLING AND STORAGE OF INTERACTIVE GAMING DEVICES
AND ASSOCIATED EQUIPMENT.
(17) PROCEDURES AND SECURITY STANDARDS TO PROTECT THE
INTERACTIVE GAMING CERTIFICATE HOLDER 'S INTERACTIVE GAMING
SKIN OR INTERNET WEBSITE AND INTERACTIVE GAMING DEVICES AND
ASSOCIATED EQUIPMENT FROM HACKING OR TAMPERING BY ANY PERSON.
(18) PROCEDURES FOR RESPONDING TO SUSPECTED OR ACTUAL
HACKING OR TAMPERING WITH AN INTERACTIVE GAMING CERTIFICATE
HOLDER 'S INTERACTIVE GAMING SKIN OR INTERNET WEBSITE AND
INTERACTIVE GAMING DEVICES AND ASSOCIATED EQUIPMENT,
INCLUDING PARTIAL OR COMPLETE SUSPENSION OF INTERACTIVE
GAMING OR THE SUSPENSION OF ANY OR ALL INTERACTIVE GAMING
ACCOUNTS WHEN WARRANTED.
(19) PROCEDURES TO VERIFY EACH REGISTERED PLAYER'S
PHYSICAL LOCATION EACH TIME A WAGER IS PLACED ON AN
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INTERACTIVE GAME.
(20) PROCEDURES TO ENSURE, TO A REASONABLE DEGREE OF
CERTAINTY, THAT THE INTERACTIVE GAMES ARE FAIR AND HONEST AND
THAT APPROPRIATE MEASURES ARE IN PLACE TO DETER, DETECT AND,
TO THE EXTENT REASONABLY POSSIBLE, TO PREVENT CHEATING,
INCLUDING COLLUSION, AND USE OF CHEATING DEVICES, INCLUDING
THE USE OF SOFTWARE PROGRAMS THAT MAKE BETS OR WAGERS
ACCORDING TO ALGORITHMS.
(21) PROCEDURES TO ASSIST PROBLEM AND COMPULSIVE
GAMBLERS, INCLUDING PROCEDURES REASONABLY INTENDED TO PREVENT
A PERSON FROM PARTICIPATING IN INTERACTIVE GAMING ACTIVITIES
IN ACCORDANCE WITH SECTIONS 1514 (RELATING TO REGULATION
REQUIRING EXCLUSION, EJECTION OR DENIAL OF ACCESS OF CERTAIN
PERSONS), 1515 (RELATING TO REPEAT OFFENDERS EXCLUDABLE FROM
LICENSED GAMING FACILITY) AND 1516 (RELATING TO LIST OF
PERSONS SELF EXCLUDED FROM GAMING ACTIVITIES).
(22) PROCEDURES TO GOVERN EMERGENCIES, INCLUDING
SUSPECTED OR ACTUAL CYBER ATTACKS, HACKING OR TAMPERING WITH
THE INTERACTIVE GAMING CERTIFICATE HOLDER'S INTERACTIVE
GAMING PORTAL, PLATFORM OR INTERNET WEBSITE.
(C) REVIEW OF SUBMISSIONS.--
(1) THE BOARD SHALL REVIEW EACH SUBMISSION REQUIRED BY
SUBSECTIONS (A) AND (B) AND SHALL DETERMINE WHETHER THE
SUBMISSION CONFORMS TO THE REQUIREMENTS OF THIS CHAPTER AND
REGULATIONS PROMULGATED BY THE BOARD AND WHETHER THE SYSTEM
SUBMITTED PROVIDES ADEQUATE AND EFFECTIVE CONTROLS FOR
INTERACTIVE GAMING OF THE PARTICULAR INTERACTIVE GAMING
CERTIFICATE HOLDER.
(2) IF THE BOARD DETERMINES THAT INSUFFICIENCIES EXIST,
IT SHALL SPECIFY THE INSUFFICIENCIES IN WRITING TO THE
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INTERACTIVE GAMING CERTIFICATE HOLDER, WHO SHALL MAKE
APPROPRIATE ALTERATIONS TO ENSURE COMPLIANCE WITH THE
REQUIREMENTS OF THIS CHAPTER AND REGULATIONS OF THE BOARD.
WHEN THE BOARD DETERMINES A SUBMISSION TO BE ADEQUATE IN ALL
RESPECTS, IT SHALL NOTIFY THE INTERACTIVE GAMING CERTIFICATE
HOLDER.
(3) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (A), NO
INTERACTIVE GAMING CERTIFICATE HOLDER, INTERACTIVE GAMING
OPERATOR OR OTHER PERSON SHALL COMMENCE OR ALTER INTERACTIVE
GAMING OPERATIONS UNLESS AND UNTIL THE SYSTEM OF PROCEDURES,
CONTROLS AND ALTERNATIONS IS APPROVED BY THE BOARD.
SUBCHAPTER E
TESTING AND CERTIFICATION
SEC.
13B41. INTERACTIVE GAMES AND INTERACTIVE GAMING DEVICES AND
ASSOCIATED EQUIPMENT TESTING AND CERTIFICATION
STANDARDS.
§ 13B41. INTERACTIVE GAMES AND INTERACTIVE GAMING DEVICES AND
ASSOCIATED EQUIPMENT TESTING AND CERTIFICATION
STANDARDS.
(A) TESTING REQUIRED.--
(1) NO INTERACTIVE GAME OR INTERACTIVE GAMING DEVICE OR
ASSOCIATED EQUIPMENT SHALL BE USED TO CONDUCT INTERACTIVE
GAMING UNLESS IT HAS BEEN TESTED AND APPROVED BY THE BOARD.
THE BOARD MAY, IN ITS DISCRETION AND FOR THE PURPOSE OF
EXPEDITING THE APPROVAL PROCESS, REFER TESTING TO ANY TESTING
LABORATORY AS APPROVED BY THE BOARD.
(2) THE BOARD SHALL ESTABLISH, BY REGULATION, TECHNICAL
STANDARDS FOR APPROVAL OF INTERACTIVE GAMES AND INTERACTIVE
GAMING DEVICES AND ASSOCIATED EQUIPMENT, INCLUDING STANDARDS
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TO GOVERN MECHANICAL, ELECTRICAL OR PROGRAM RELIABILITY AND
SECURITY AGAINST TAMPERING AND THREATS, AS IT MAY DEEM
NECESSARY TO PROTECT THE REGISTERED PLAYER FROM FRAUD OR
DECEPTION AND TO ENSURE THE INTEGRITY OF INTERACTIVE GAMING.
(B) INDEPENDENT TESTING AND CERTIFICATION FACILITY.--ANY
COSTS ASSOCIATED WITH THE BOARD'S TESTING AND CERTIFICATION
FACILITY SHALL BE ASSESSED ON PERSONS AUTHORIZED BY THE BOARD TO
MANUFACTURE, SUPPLY, DISTRIBUTE OR OTHERWISE PROVIDE INTERACTIVE
GAMES AND INTERACTIVE GAMING DEVICES AND ASSOCIATED EQUIPMENT TO
INTERACTIVE GAMING CERTIFICATE HOLDERS OR TO INTERACTIVE GAMING
OPERATORS IN THIS COMMONWEALTH. THE COSTS SHALL BE ASSESSED IN
ACCORDANCE WITH A SCHEDULE ADOPTED BY THE BOARD.
(C) USE OF OTHER STATE STANDARDS.--THE BOARD MAY DETERMINE
WHETHER THE TESTING AND CERTIFICATION STANDARDS FOR INTERACTIVE
GAMES AND INTERACTIVE GAMING DEVICES AND ASSOCIATED EQUIPMENT AS
ADOPTED BY ANOTHER JURISDICTION WITHIN THE UNITED STATES OR ANY
OF THE TESTING AND CERTIFICATION STANDARDS USED BY AN
INTERACTIVE GAMING CERTIFICATE HOLDER ARE COMPREHENSIVE AND
THOROUGH AND PROVIDE SIMILAR AND ADEQUATE SAFEGUARDS AS THOSE
REQUIRED BY THIS CHAPTER AND REGULATIONS OF THE BOARD. IF THE
BOARD MAKES THAT DETERMINATION, IT MAY PERMIT THE PERSON
AUTHORIZED TO MANUFACTURE, SUPPLY, DISTRIBUTE OR OTHERWISE
PROVIDE INTERACTIVE GAMES AND INTERACTIVE GAMING DEVICES OR
ASSOCIATED EQUIPMENT TO FURNISH INTERACTIVE GAMES OR INTERACTIVE
GAMING DEVICES AND ASSOCIATED EQUIPMENT TO INTERACTIVE GAMING
CERTIFICATE HOLDERS IN THIS COMMONWEALTH WITHOUT UNDERGOING THE
FULL TESTING AND CERTIFICATION PROCESS BY THE BOARD'S
INDEPENDENT TESTING AND CERTIFICATION FACILITY.
SUBCHAPTER F
TAXES AND FEES
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SEC.
13B51. INTERACTIVE GAMING AUTHORIZATION FEE.
13B52. INTERACTIVE GAMING TAX.
13B53. LOCAL SHARE ASSESSMENT.
13B54. COMPULSIVE AND PROBLEM GAMBLING.
§ 13B51. INTERACTIVE GAMING AUTHORIZATION FEE.
(A) AMOUNT OF AUTHORIZATION FEE.--
(1) EACH SLOT MACHINE LICENSEE THAT IS ISSUED AN
INTERACTIVE GAMING CERTIFICATE TO CONDUCT INTERACTIVE GAMING
IN ACCORDANCE WITH SECTION 13B11 (RELATING TO AUTHORIZATION
TO CONDUCT INTERACTIVE GAMING) SHALL PAY A ONE-TIME
NONREFUNDABLE AUTHORIZATION FEE IN THE AMOUNT OF $8,000,000.
(2) EACH INTERACTIVE GAMING OPERATOR OR AN AFFILIATE OF
AN INTERACTIVE GAMING CERTIFICATE HOLDER THAT IS ISSUED AN
INTERACTIVE GAMING LICENSE UNDER THIS CHAPTER TO OPERATE
INTERACTIVE GAMING OR AN INTERACTIVE GAMING SYSTEM ON BEHALF
OF A SLOT MACHINE LICENSEE PURSUANT TO AN INTERACTIVE GAMING
AGREEMENT AND THAT IS NOT OWNED, AFFILIATED WITH OR OTHERWISE
CONTROLLED BY A SLOT MACHINE LICENSEE SHALL PAY A ONE-TIME
NONREFUNDABLE AUTHORIZATION FEE IN THE AMOUNT OF $2,000,000.
(3) EACH INTERACTIVE GAMING OPERATOR THAT HAS BEEN
APPROVED BY THE BOARD TO PROVIDE FOR THE CONDUCT OF
INTERACTIVE GAMING ON BEHALF OF AN INTERACTIVE GAMING
CERTIFICATE HOLDER AT A QUALIFIED AIRPORT IN ACCORDANCE WITH
SUBCHAPTER B.1 SHALL PAY A ONE-TIME NONREFUNDABLE
AUTHORIZATION FEE IN THE AMOUNT OF $1,000,000.
(B) PAYMENT OF FEE.--PERSONS REQUIRED TO PAY THE
AUTHORIZATION FEE UNDER SUBSECTION (A) SHALL REMIT THE FEE TO
THE BOARD WITHIN 60 DAYS OF THE BOARD'S APPROVAL OF ITS
PETITION, LICENSE OR CONDITIONAL LICENSE TO CONDUCT INTERACTIVE
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GAMING OR TO OPERATE INTERACTIVE GAMING OR AN INTERACTIVE GAMING
SYSTEM. THE BOARD MAY ALLOW THE FEE TO BE PAID IN INSTALLMENTS,
PROVIDED THAT ALL SUCH INSTALLMENTS ARE PAID WITHIN THE 60-DAY
PERIOD AND THAT THE INSTALLMENT PAYMENTS ARE MADE IN ACCORDANCE
WITH THE TERMS OF AN AGREEMENT BETWEEN THE BOARD AND THE
INTERACTIVE GAMING CERTIFICATE HOLDER OR AN INTERACTIVE GAMING
OPERATOR UNDER SUBSECTION (A)(2) THAT SETS FORTH THE TERMS OF
THE INSTALLMENT PAYMENT.
(C) RENEWAL FEE.--
(1) NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER,
AN INTERACTIVE GAMING CERTIFICATE HOLDER SHALL PAY A RENEWAL
FEE IN THE AMOUNT OF $250,000 UPON THE RENEWAL OF ITS
INTERACTIVE GAMING CERTIFICATE IN ACCORDANCE WITH SECTIONS
1326 (RELATING TO RENEWALS) AND 13B13(C) (RELATING TO
ISSUANCE OF INTERACTIVE GAMING CERTIFICATE).
(2) EACH INTERACTIVE GAMING OPERATOR UNDER SUBSECTION
(A)(2) SHALL PAY A RENEWAL FEE OF $100,000 UPON THE RENEWAL
OF ITS INTERACTIVE GAMING LICENSE IN ACCORDANCE WITH THIS
CHAPTER.
(D) DEPOSIT OF FEES.--THE FEES IMPOSED AND COLLECTED UNDER
THIS SECTION SHALL BE DEPOSITED IN THE GENERAL FUND.
§ 13B52. INTERACTIVE GAMING TAX.
(A) IMPOSITION OF TAX.--EACH INTERACTIVE GAMING CERTIFICATE
HOLDER THAT CONDUCTS INTERACTIVE GAMING SHALL REPORT TO THE
DEPARTMENT AND PAY FROM ITS DAILY GROSS INTERACTIVE GAMING
REVENUE, ON A FORM AND IN THE MANNER PRESCRIBED BY THE
DEPARTMENT, A TAX OF 14% OF ITS DAILY GROSS INTERACTIVE GAMING
REVENUE AND A LOCAL SHARE ASSESSMENT AS PROVIDED IN SECTION
13B53 (RELATING TO LOCAL SHARE ASSESSMENT).
(B) DEPOSITS AND DISTRIBUTIONS.--
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(1) THE TAX IMPOSED UNDER SUBSECTION (A) SHALL BE
PAYABLE TO THE DEPARTMENT ON A WEEKLY BASIS AND SHALL BE
BASED UPON GROSS INTERACTIVE GAMING REVENUE DERIVED DURING
THE PREVIOUS WEEK.
(2) ALL FUNDS OWED TO THE COMMONWEALTH UNDER THIS
SECTION SHALL BE HELD IN TRUST FOR THE COMMONWEALTH BY THE
INTERACTIVE GAMING CERTIFICATE HOLDER UNTIL THE FUNDS ARE
PAID TO THE DEPARTMENT FOR DEPOSIT IN THE GENERAL FUND. AN
INTERACTIVE GAMING CERTIFICATE HOLDER SHALL ESTABLISH A
SEPARATE BANK ACCOUNT INTO WHICH GROSS INTERACTIVE GAMING
REVENUE SHALL BE DEPOSITED AND MAINTAINED UNTIL SUCH TIME AS
THE FUNDS ARE PAID TO THE DEPARTMENT UNDER THIS SECTION.
(C) TAXES ON OUT-OF-STATE WAGERING.--THE TAX RATE WHICH
SHALL BE ASSESSED AND COLLECTED BY THE DEPARTMENT WITH RESPECT
TO ANY WAGERS PLACED BY REGISTERED PLAYERS LOCATED IN THIS
COMMONWEALTH WITH AN INTERACTIVE GAMING OPERATOR OUTSIDE OF THIS
COMMONWEALTH, BUT AUTHORIZED UNDER AN INTERACTIVE GAMING
RECIPROCAL AGREEMENT SHALL BE GOVERNED BY THE AGREEMENT BUT MAY
NOT EXCEED 16% OF GROSS INTERACTIVE GAMING REVENUE DERIVED FROM
REGISTERED PLAYERS LOCATED IN THIS COMMONWEALTH.
(D) DEPOSIT OF FUNDS.--THE TAX IMPOSED UNDER SUBSECTION (A)
SHALL BE COLLECTED BY THE DEPARTMENT FOR DEPOSIT IN THE GENERAL
FUND.
§ 13B53. LOCAL SHARE ASSESSMENT.
(A) REQUIRED PAYMENT.--
(1) IN ADDITION TO THE TAX IMPOSED UNDER SECTION 13B52
(RELATING TO INTERACTIVE GAMING TAX), EACH INTERACTIVE GAMING
CERTIFICATE HOLDER THAT CONDUCTS INTERACTIVE GAMING SHALL PAY
ON A WEEKLY BASIS AND ON A FORM AND IN A MANNER PRESCRIBED BY
THE DEPARTMENT A LOCAL SHARE ASSESSMENT INTO A RESTRICTED
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RECEIPTS ACCOUNT ESTABLISHED IN THE DEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT TO BE USED EXCLUSIVELY FOR GRANTS TO
ALL COUNTIES IN THIS COMMONWEALTH, TO ECONOMIC DEVELOPMENT
AUTHORITIES OR REDEVELOPMENT AUTHORITIES WITHIN EACH COUNTY,
FOR GRANTS FOR ECONOMIC DEVELOPMENT PROJECTS, COMMUNITY
IMPROVEMENT PROJECTS AND OTHER PROJECTS IN THE PUBLIC
INTEREST.
(2) THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT
SHALL DEVELOP POLICIES AND PROCEDURES TO GOVERN THE
DISTRIBUTION OF GRANTS FROM THE LOCAL SHARE ASSESSMENT
ESTABLISHED UNDER PARAGRAPH (1). THE POLICIES AND PROCEDURES
SHALL BE OF SUFFICIENT SCOPE TO ENSURE EQUAL ACCESS TO GRANT
FUNDS BY ALL COUNTIES IN THIS COMMONWEALTH.
(B) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING
WORDS AND PHRASES SHALL HAVE THE MEANING GIVEN TO THEM IN THIS
SUBSECTION:
"LOCAL SHARE ASSESSMENT." TWO PERCENT OF AN INTERACTIVE
GAMING CERTIFICATE HOLDER'S DAILY GROSS INTERACTIVE GAMING
REVENUE.
§ 13B54. COMPULSIVE AND PROBLEM GAMBLING.
THE FOLLOWING SHALL APPLY:
(1) EACH YEAR, FROM THE TAX IMPOSED IN SECTION 13B52
(RELATING TO INTERACTIVE GAMING TAX), $2,000,000 OR AN AMOUNT
EQUAL TO .002 MULTIPLIED BY THE TOTAL GROSS INTERACTIVE
GAMING REVENUE OF ALL ACTIVE AND OPERATING INTERACTIVE GAMING
CERTIFICATE HOLDERS, WHICHEVER IS GREATER, SHALL BE
TRANSFERRED INTO THE COMPULSIVE AND PROBLEM GAMBLING
TREATMENT FUND ESTABLISHED IN SECTION 1509 (RELATING TO
COMPULSIVE AND PROBLEM GAMBLING PROGRAM).
(2) EACH YEAR, FROM THE TAX IMPOSED IN SECTION 13B52,
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$2,000,000 OR AN AMOUNT EQUAL TO .002 MULTIPLIED BY THE TOTAL
GROSS INTERACTIVE GAMING REVENUE OF ALL ACTIVE AND OPERATING
INTERACTIVE GAMING CERTIFICATE HOLDERS, WHICHEVER IS GREATER,
SHALL BE TRANSFERRED TO THE DEPARTMENT OF DRUG AND ALCOHOL
PROGRAMS TO BE USED FOR DRUG AND ALCOHOL ADDICTION TREATMENT
SERVICES, INCLUDING TREATMENT FOR DRUG AND ALCOHOL ADDICTION
RELATED TO COMPULSIVE AND PROBLEM GAMBLING, AS SET FORTH IN
SECTION 1509.1 (RELATING TO DRUG AND ALCOHOL TREATMENT).
SUBCHAPTER G
MISCELLANEOUS PROVISIONS
SEC.
13B61. PARTICIPATION IN INTERACTIVE GAMING BY PERSONS OUTSIDE
COMMONWEALTH.
13B62. INSTITUTIONAL INVESTORS.
13B63. INTERNET CAFES AND PROHIBITION.
§ 13B61. PARTICIPATION IN INTERACTIVE GAMING BY PERSONS OUTSIDE
COMMONWEALTH.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER TO THE
CONTRARY, AN INTERACTIVE GAMING CERTIFICATE HOLDER MAY ACCEPT
INTERACTIVE GAMING WAGERS FROM A PERSON WHO IS NOT PHYSICALLY
PRESENT IN THIS COMMONWEALTH, IF THE BOARD DETERMINES THE
FOLLOWING:
(1) PARTICIPATION IN INTERACTIVE GAMING AND ACCEPTANCE
OF WAGERS ASSOCIATED WITH INTERACTIVE GAMING FROM A PERSON
NOT PHYSICALLY PRESENT IN THIS COMMONWEALTH IS NOT
INCONSISTENT WITH FEDERAL LAW OR REGULATION OR THE LAW OR
REGULATION OF THE JURISDICTION, INCLUDING ANY FOREIGN
JURISDICTION, IN WHICH THE PERSON IS LOCATED.
(2) PARTICIPATION IN INTERACTIVE GAMING IS CONDUCTED
PURSUANT TO AN INTERACTIVE GAMING RECIPROCAL AGREEMENT
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BETWEEN THE COMMONWEALTH AND ANOTHER STATE OR JURISDICTION,
INCLUDING A FOREIGN JURISDICTION, TO WHICH THE COMMONWEALTH
IS A PARTY AND THE INTERACTIVE GAMING RECIPROCAL AGREEMENT IS
NOT INCONSISTENT WITH FEDERAL LAW OR REGULATION.
§ 13B62. INSTITUTIONAL INVESTORS.
(A) DECLARATION OF INVESTMENT INTENT.--NOTWITHSTANDING ANY
OTHER PROVISION OF THIS PART, THE FOLLOWING SHALL APPLY:
(1) AN INSTITUTIONAL INVESTOR HOLDING 20% OR LESS OF THE
EQUITY SECURITIES OF AN INTERACTIVE GAMING CERTIFICATE
HOLDER'S, INTERACTIVE GAMING OPERATOR'S OR APPLICANT'S
HOLDING, SUBSIDIARY OR INTERMEDIARY COMPANIES SHALL BE
GRANTED A WAIVER OF ANY INVESTIGATION OF SUITABILITY OR OTHER
REQUIREMENT IF THE SECURITIES ARE THOSE OF A CORPORATION,
WHETHER PUBLICLY TRADED OR PRIVATELY HELD, AND THE HOLDINGS
OF THE SECURITIES WERE PURCHASED FOR INVESTMENT PURPOSES
ONLY. THE INSTITUTIONAL INVESTOR SHALL FILE A CERTIFIED
STATEMENT THAT IT HAS NO INTENTION OF INFLUENCING OR
AFFECTING THE AFFAIRS OF THE INTERACTIVE GAMING CERTIFICATE
HOLDER, INTERACTIVE GAMING OPERATOR, APPLICANT OR ANY
HOLDING, SUBSIDIARY OR INTERMEDIARY COMPANY OF AN INTERACTIVE
GAMING CERTIFICATE HOLDER, INTERACTIVE GAMING OPERATOR OR
APPLICANT. HOWEVER, AN INSTITUTIONAL INVESTOR SHALL BE
PERMITTED TO VOTE ON MATTERS PUT TO THE VOTE OF THE
OUTSTANDING SECURITY HOLDERS.
(2) THE BOARD MAY GRANT A WAIVER TO AN INSTITUTIONAL
INVESTOR HOLDING A HIGHER PERCENTAGE OF SECURITIES UPON A
SHOWING OF GOOD CAUSE AND IF THE CONDITIONS SPECIFIED IN
PARAGRAPH (1) ARE MET.
(3) AN INSTITUTIONAL INVESTOR GRANTED A WAIVER UNDER
THIS SUBSECTION WHO SUBSEQUENTLY DECIDES TO INFLUENCE OR
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AFFECT THE AFFAIRS OF AN INTERACTIVE GAMING CERTIFICATE
HOLDER, INTERACTIVE GAMING OPERATOR OR APPLICANT'S HOLDING,
SUBSIDIARY OR INTERMEDIARY COMPANY OF AN INTERACTIVE GAMING
CERTIFICATE HOLDER, INTERACTIVE GAMING OPERATOR OR APPLICANT
SHALL PROVIDE NOT LESS THAN 30 DAYS' NOTICE OF INTENT AND
SHALL FILE WITH THE BOARD A REQUEST FOR DETERMINATION OF
SUITABILITY BEFORE TAKING ANY ACTION THAT MAY INFLUENCE OR
AFFECT THE AFFAIRS OF THE ISSUER. AN INSTITUTIONAL INVESTOR
SHALL BE PERMITTED TO VOTE ON MATTERS PUT TO THE VOTE OF THE
OUTSTANDING SECURITY HOLDERS.
(4) IF AN INSTITUTIONAL INVESTOR CHANGES ITS INVESTMENT
INTENT OR IF THE BOARD FINDS REASONABLE CAUSE TO BELIEVE THAT
THE INSTITUTIONAL INVESTOR MAY BE FOUND UNSUITABLE, NO ACTION
OTHER THAN DIVESTITURE SHALL BE TAKEN BY THE INSTITUTIONAL
INVESTOR WITH RESPECT TO ITS SECURITY HOLDINGS UNTIL THERE
HAS BEEN COMPLIANCE WITH ANY REQUIREMENTS ESTABLISHED BY THE
BOARD, WHICH MAY INCLUDE THE EXECUTION OF A TRUST AGREEMENT
IN ACCORDANCE WITH SECTION 1332 (RELATING TO APPOINTMENT OF
TRUSTEE).
(5) THE INTERACTIVE GAMING CERTIFICATE HOLDER OR
INTERACTIVE GAMING OPERATOR OR APPLICANT OR ANY HOLDING,
INTERMEDIARY OR SUBSIDIARY COMPANY OF AN INTERACTIVE GAMING
CERTIFICATE HOLDER, INTERACTIVE GAMING OPERATOR OR APPLICANT
SHALL NOTIFY THE BOARD IMMEDIATELY OF ANY INFORMATION ABOUT,
OR ACTIONS OF, AN INSTITUTIONAL INVESTOR HOLDING ITS EQUITY
SECURITIES WHERE THE INFORMATION OR ACTION MAY IMPACT THE
ELIGIBILITY OF THE INSTITUTIONAL INVESTOR FOR A WAIVER UNDER
THIS SUBSECTION.
(B) FAILURE TO DECLARE.--IF THE BOARD FINDS:
(1) THAT AN INSTITUTIONAL INVESTOR HOLDING ANY SECURITY
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OF A HOLDING OR INTERMEDIARY COMPANY OF AN INTERACTIVE GAMING
CERTIFICATE HOLDER OR INTERACTIVE GAMING OPERATOR OR
APPLICANT OR, WHERE RELEVANT, OF ANOTHER SUBSIDIARY COMPANY
OF A HOLDING OR INTERMEDIARY COMPANY OF AN INTERACTIVE GAMING
CERTIFICATE HOLDER OR INTERACTIVE GAMING OPERATOR OR
APPLICANT WHICH IS RELATED IN ANY WAY TO THE FINANCING OF THE
INTERACTIVE GAMING CERTIFICATE HOLDER OR INTERACTIVE GAMING
OPERATOR OR APPLICANT, FAILS TO COMPLY WITH THE PROVISIONS OF
SUBSECTION (A); OR
(2) BY REASON OF THE EXTENT OR NATURE OF ITS HOLDINGS,
AN INSTITUTIONAL INVESTOR IS IN A POSITION TO EXERCISE SUCH A
SUBSTANTIAL IMPACT UPON THE CONTROLLING INTERESTS OF AN
INTERACTIVE GAMING CERTIFICATE HOLDER OR INTERACTIVE GAMING
OPERATOR OR APPLICANT THAT INVESTIGATION AND DETERMINATION OF
SUITABILITY OF THE INSTITUTIONAL INVESTOR IS NECESSARY TO
PROTECT THE PUBLIC INTEREST;
THEN THE BOARD MAY TAKE ANY NECESSARY ACTION OTHERWISE
AUTHORIZED UNDER THIS CHAPTER TO PROTECT THE PUBLIC INTEREST.
§ 13B63. INTERNET CAFES AND PROHIBITION.
(A) GENERAL RULE.--NO ORGANIZATION OR COMMERCIAL ENTERPRISE
SHALL OPERATE A PLACE OF PUBLIC ACCOMMODATION, CLUB, INCLUDING A
CLUB OR ASSOCIATION LIMITED TO DUES-PAYING MEMBERS OR SIMILAR
RESTRICTED GROUPS, OR SIMILAR ESTABLISHMENT IN WHICH COMPUTER
TERMINALS OR SIMILAR ACCESS DEVICES ARE ADVERTISED OR MADE
AVAILABLE TO BE USED PRINCIPALLY FOR THE PURPOSE OF ACCESSING
AUTHORIZED INTERACTIVE GAMES. NO INTERACTIVE GAMING CERTIFICATE
HOLDER OR INTERACTIVE GAMING OPERATOR SHALL OFFER OR MAKE
AVAILABLE COMPUTER TERMINALS OR SIMILAR ACCESS DEVICES TO BE
USED PRINCIPALLY FOR THE PURPOSE OF ACCESSING INTERACTIVE GAMES
WITHIN A LICENSED FACILITY.
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(B) CONSTRUCTION.--NOTHING IN THIS SECTION SHALL BE
CONSTRUED TO:
(1) REQUIRE THE OWNER OR OPERATOR OF A HOTEL OR MOTEL OR
OTHER PUBLIC PLACE OF GENERAL USE IN THIS COMMONWEALTH TO
PROHIBIT OR BLOCK GUESTS FROM PLAYING INTERACTIVE GAMES; OR
(2) REQUIRE AN INTERACTIVE GAMING CERTIFICATE HOLDER OR
AN INTERACTIVE GAMING OPERATOR TO PROHIBIT REGISTERED PLAYERS
WITHIN A LICENSED FACILITY FROM PLAYING INTERACTIVE GAMES.
CHAPTER 13C
(RESERVED)
CHAPTER 13D
SLOT MACHINES AT
NONPRIMARY LOCATIONS
SUBCHAPTER
A. GENERAL PROVISIONS
B. CATEGORY 1 LICENSED GAMING ENTITIES AND NONPRIMARY
LOCATIONS
C. APPLICATION AND ISSUANCE OF NONPRIMARY LOCATION PERMIT
D. FEES AND TAXES
SUBCHAPTER A
GENERAL PROVISIONS
SEC.
13D01. (RESERVED).
13D02. AUTHORITY TO PLACE SLOT MACHINES AT NONPRIMARY
LOCATIONS.
13D03. TEMPORARY REGULATIONS.
§ 13D01. (RESERVED).
§ 13D02. AUTHORITY TO PLACE SLOT MACHINES AT NONPRIMARY
LOCATIONS.
(A) PLACEMENT OF SLOT MACHINES AT NONPRIMARY LOCATIONS.--
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NOTWITHSTANDING ANY PROVISION OF THIS PART, ARTICLE XXVIII-D OF
THE ACT OF APRIL 9, 1929 (P.L.177, NO.175), KNOWN AS THE
ADMINISTRATIVE CODE OF 1929, OR ANY OTHER LAW OR REGULATION TO
THE CONTRARY, A CATEGORY 1 LICENSED GAMING ENTITY THAT IS A
LICENSED RACING ENTITY UNDER ARTICLE XXVIII-D OF THE
ADMINISTRATIVE CODE OF 1929 SHALL APPLY TO THE BOARD FOR A
NONPRIMARY LOCATION PERMIT TO PLACE AND MAKE SLOT MACHINES
AVAILABLE FOR PLAY AT NONPRIMARY LOCATIONS.
(B) DUTY OF THE BOARD AND COMMISSION.--THE BOARD SHALL HAVE
GENERAL AND REGULATORY AUTHORITY OVER THE PLACEMENT AND
OPERATION OF SLOT MACHINES AT NONPRIMARY LOCATIONS AND SHALL, IN
CONSULTATION WITH THE COMMISSION, PROMULGATE REGULATIONS TO
GOVERN THE PLACEMENT AND OPERATION OF SLOT MACHINES AT
NONPRIMARY LOCATIONS. EXCEPT THAT, ANY REGULATIONS SPECIFIC TO
THE OPERATION OF NONPRIMARY LOCATIONS BY LICENSED RACING
ENTITIES PROMULGATED UNDER 58 PA. CODE CH. 171 (RELATING TO
NONPRIMARY LOCATIONS) OR ANY REGULATIONS RELATED TO THE
OPERATION OF NONPRIMARY LOCATIONS WHICH MAY BE ADOPTED BY THE
COMMISSION SUBSEQUENT TO THE EFFECTIVE DATE OF THIS CHAPTER
SHALL BE ADOPTED AS REGULATIONS UNDER THIS CHAPTER, UNLESS THE
BOARD, IN CONSULTATION WITH THE COMMISSION, DETERMINE THAT SUCH
REGULATIONS ARE NOT SUFFICIENT FOR THE ADMINISTRATION AND
ENFORCEMENT OF THIS CHAPTER. IN THAT EVENT, THE BOARD SHALL, IN
CONSULTATION WITH THE COMMISSION, PROMULGATE SUCH REGULATIONS
SPECIFIC TO THE OPERATION OF SLOT MACHINES AT NONPRIMARY
LOCATIONS AS THE BOARD AND COMMISSION DEEM NECESSARY TO
FACILITATE THE ADMINISTRATION AND ENFORCEMENT OF THIS CHAPTER.
§ 13D03. TEMPORARY REGULATIONS.
(A) PROMULGATION.--IN ORDER TO FACILITATE THE PROMPT
IMPLEMENTATION OF THIS CHAPTER, REGULATIONS PROMULGATED BY THE
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BOARD OR COMMISSION SHALL BE DEEMED TEMPORARY REGULATIONS WHICH
SHALL EXPIRE NOT LATER THAN TWO YEARS AFTER THE PUBLICATION OF
THE TEMPORARY REGULATION IN THE PENNSYLVANIA BULLETIN. THE BOARD
MAY PROMULGATE TEMPORARY REGULATIONS NOT SUBJECT TO:
(1) SECTIONS 201, 202, 203, 204 AND 205 OF THE ACT OF
JULY 31, 1968 (P.L.769, NO.240), REFERRED TO AS THE
COMMONWEALTH DOCUMENTS LAW.
(2) SECTIONS 204(B) AND 301(10) OF THE ACT OF OCTOBER
15, 1980 (P.L.950, NO.164), KNOWN AS THE COMMONWEALTH
ATTORNEYS ACT.
(3) THE ACT OF JUNE 25, 1982 (P.L.633, NO.181), KNOWN AS
THE REGULATORY REVIEW ACT.
(B) EXPIRATION.--THE AUTHORITY OF THE BOARD AND THE
COMMISSION TO ADOPT TEMPORARY REGULATIONS UNDER SUBSECTION (A)
SHALL EXPIRE TWO YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION.
REGULATIONS ADOPTED AFTER THIS PERIOD SHALL BE PROMULGATED AS
PROVIDED BY LAW.
(C) TEMPORARY REGULATIONS.--THE BOARD, IN CONSULTATION WITH
THE COMMISSION, SHALL BEGIN PUBLISHING TEMPORARY REGULATIONS
GOVERNING PLACEMENT AND OPERATION OF SLOT MACHINES AT NONPRIMARY
LOCATIONS IN THE PENNSYLVANIA BULLETIN WITHIN 60 DAYS OF THE
EFFECTIVE DATE OF THIS SECTION.
SUBCHAPTER B
CATEGORY 1 LICENSED GAMING ENTITIES
AND NONPRIMARY LOCATIONS
SEC.
13D07. AUTHORITY TO PLACE SLOT MACHINES AT NONPRIMARY
LOCATIONS.
§ 13D07. AUTHORITY TO PLACE SLOT MACHINES AT NONPRIMARY
LOCATIONS.
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(A) CATEGORY 1 LICENSED GAMING ENTITY AND OPERATION OF SLOT
MACHINES AT NONPRIMARY LOCATIONS.--THE FOLLOWING SHALL APPLY:
(1) EACH CATEGORY 1 LICENSED GAMING ENTITY THAT IS A
LICENSED RACING ENTITY UNDER SECTION 13D02 (RELATING TO
AUTHORITY TO PLACE SLOT MACHINES AT NONPRIMARY LOCATIONS)
THAT IS AUTHORIZED TO HOLD HORSE RACE MEETINGS AT A RACETRACK
AT WHICH MORE THAN ONE LICENSE IS AUTHORIZED MAY BE GRANTED
APPROVAL TO PLACE AND MAKE SLOT MACHINES AVAILABLE FOR PLAY
AT FOUR NONPRIMARY LOCATIONS, IF THE BOARD, IN CONSULTATION
WITH THE COMMISSION, DETERMINES THAT A NONPRIMARY LOCATION
NEWLY PROPOSED OR APPROVED BY THE COMMISSION IN ACCORDANCE
WITH ARTICLE XXVIII-D OF THE ACT OF APRIL 9, 1929 (P.L.177,
NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF 1929, AND
REGULATIONS OF THE COMMISSION WILL BENEFIT ECONOMIC
DEVELOPMENT, EMPLOYMENT, TOURISM, THE RACE HORSE INDUSTRY AND
RESULT IN ENHANCED REVENUES TO THE COMMONWEALTH AND THE
MUNICIPALITY WHERE THE NEWLY PROPOSED OR APPROVED NONPRIMARY
LOCATION WILL BE OR IS SITUATED.
(2) EACH CATEGORY 1 LICENSED GAMING ENTITY UNDER SECTION
13D02 THAT IS AUTHORIZED TO HOLD HORSE RACE MEETINGS AT A
RACETRACK AT WHICH ONLY ONE LICENSE IS AUTHORIZED MAY BE
GRANTED APPROVAL TO PLACE AND MAKE SLOT MACHINES AVAILABLE
FOR PLAY AT FOUR NONPRIMARY LOCATIONS, IF THE BOARD, IN
CONSULTATION WITH THE COMMISSION, DETERMINES THAT A
NONPRIMARY LOCATION NEWLY PROPOSED OR APPROVED BY THE
COMMISSION IN ACCORDANCE WITH ARTICLE XXVIII-D OF THE
ADMINISTRATIVE CODE OF 1929, AND REGULATIONS OF THE
COMMISSION WILL BENEFIT ECONOMIC DEVELOPMENT, EMPLOYMENT,
TOURISM, THE RACE HORSE INDUSTRY AND RESULT IN ENHANCED
REVENUES TO THE COMMONWEALTH AND THE MUNICIPALITY WHERE THE
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NEWLY PROPOSED OR APPROVED NONPRIMARY LOCATION WILL BE OR IS
SITUATED.
(3) A CATEGORY 1 LICENSED GAMING ENTITY, WHICH IS ALSO A
LICENSED RACING ENTITY AS SET FORTH IN SECTION 13D02(A),
SHALL NOT BE AUTHORIZED TO PLACE AND MAKE SLOT MACHINES
AVAILABLE FOR PLAY AT ANY NONPRIMARY LOCATION WHICH IS WITHIN
THE PRIMARY MARKET AREA OF ANOTHER LICENSED RACING ENTITY,
REGARDLESS OF WHETHER THE LICENSED RACING ENTITY IS
AUTHORIZED TO CONDUCT HORSE RACE MEETINGS OR HARNESS HORSE
RACE MEETINGS, OR BOTH, AT THE RACETRACK.
(4) NO CATEGORY 1 LICENSED GAMING ENTITY, WHICH IS ALSO
A LICENSED RACING ENTITY AS SET FORTH IN SECTION 13D02(A),
SHALL BE AUTHORIZED TO PLACE AND MAKE SLOT MACHINES AVAILABLE
FOR PLAY AT A NONPRIMARY LOCATION WHICH IS LOCATED WITHIN THE
PRIMARY MARKET AREA OF ANOTHER LICENSED FACILITY OR ANOTHER
NONPRIMARY LOCATION.
(5) A NONPRIMARY LOCATION MAY BE LOCATED WITHIN THE
PRIMARY MARKET AREA OF A LICENSED FACILITY IF THE CATEGORY 1
LICENSED GAMING ENTITY OWNS THE NONPRIMARY LOCATION AND THE
LICENSED GAMING ENTITY ENTERS INTO AN AGREEMENT WITH THE
AFFECTED LICENSED GAMING ENTITY OR ENTITIES AND THE AGREEMENT
IS FILED WITH THE COMMISSION AND THE BOARD.
(6) A CATEGORY 1 LICENSED GAMING ENTITY THAT PLACES AND
MAKES SLOT MACHINES AVAILABLE FOR PLAY AT A NONPRIMARY
LOCATION SHALL BE SUBJECT TO THE REQUIREMENTS OF SECTION
1303(A), (B) AND (D) (RELATING TO ADDITIONAL CATEGORY 1 SLOT
MACHINE LICENSE REQUIREMENTS).
(8) FOR THE PURPOSES OF THIS SUBSECTION, THE TERM
"PRIMARY MARKET AREA" SHALL MEAN THE AREA WITHIN 50 LINEAR
MILES OF A LICENSED FACILITY OR NONPRIMARY LOCATION.
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(B) EXISTING AND NEWLY ESTABLISHED NONPRIMARY LOCATIONS.--
NOTWITHSTANDING ANY PROVISION OF ARTICLE XXVIII-D OF THE
ADMINISTRATIVE CODE OF 1929 OR ANY OTHER LAW OR REGULATION TO
THE CONTRARY, THE FOLLOWING SHALL APPLY:
(1) A LICENSED RACING ENTITY THAT OPERATED NONPRIMARY
LOCATIONS PRIOR TO THE EFFECTIVE DATE OF THIS SUBSECTION
SHALL NOT BE PROHIBITED FROM REOPENING A PREVIOUSLY CLOSED
NONPRIMARY LOCATION OR RELOCATING AN EXISTING NONPRIMARY
LOCATION IN ORDER TO PLACE AND MAKE SLOT MACHINES AVAILABLE
FOR PLAY IN A REOPENED OR RELOCATED NONPRIMARY LOCATION:
PROVIDED, THAT, THE PREVIOUSLY CLOSED OR A RELOCATED
NONPRIMARY LOCATION IS APPROVED BY THE COMMISSION IN
ACCORDANCE WITH ARTICLE XXVIII-D OF THE ADMINISTRATIVE CODE
OF 1929 AND REGULATIONS ADOPTED BY THE COMMISSION PURSUANT TO
ARTICLE XXVIII-D AND COMPLIES WITH THE LOCATION REQUIREMENTS
SET FORTH IN SUBSECTION (A)(3), (4) AND (5).
(2) A LICENSED RACING ENTITY MAY ESTABLISH A NEW
NONPRIMARY LOCATION IN ACCORDANCE WITH ARTICLE XXVIII-D OF
THE ADMINISTRATIVE CODE OF 1929 AND REGULATIONS OF THE
COMMISSION IN ORDER TO PLACE AND MAKE SLOT MACHINES AVAILABLE
FOR PLAY AND OPERATE RACE HORSE SIMULCASTING:
PROVIDED, THAT, THE NEW NONPRIMARY LOCATION IS APPROVED BY
THE COMMISSION IN ACCORDANCE WITH ARTICLE XXVIII-D OF THE
ADMINISTRATIVE CODE OF 1929 AND REGULATIONS ADOPTED BY THE
COMMISSION PURSUANT TO ARTICLE XXVIII-D AND COMPLIES WITH THE
LOCATION REQUIREMENTS SET FORTH IN SUBSECTION (A)(3), (4) AND
(5).
(C) PERMISSIBLE NUMBER OF SLOT MACHINES.--
(1) NOTWITHSTANDING SECTION 1210 (RELATING TO NUMBER OF
SLOT MACHINES), A CATEGORY 1 LICENSED GAMING ENTITY, UPON
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APPROVAL OF THE BOARD AND REMITTANCE OF THE FEE UNDER SECTION
13D17 (RELATING TO NONPRIMARY LOCATION PERMIT FEE), MAY PLACE
AND MAKE AVAILABLE FOR PLAY NO MORE THAN 250 SLOT MACHINES AT
A NONPRIMARY LOCATION.
(2) THE PERMISSIBLE NUMBER OF SLOT MACHINES THAT MAY BE
PLACED AND MADE AVAILABLE FOR PLAY AT A NONPRIMARY LOCATION
UNDER THIS SUBSECTION SHALL NOT BE INCLUDED IN THE COMPLEMENT
OF SLOT MACHINES AUTHORIZED FOR A CATEGORY 1 LICENSED
FACILITY UNDER SECTION 1210.
(3) IN DETERMINING THE PERMISSIBLE NUMBER OF SLOT
MACHINES THAT MAY BE PLACED AT A NONPRIMARY LOCATION IN
ACCORDANCE WITH THIS SUBSECTION, THE BOARD SHALL CONSIDER THE
APPROPRIATENESS OF THE PHYSICAL SPACE OF THE NONPRIMARY
LOCATION WHERE THE SLOT MACHINES WILL BE PLACED AND THE
CONVENIENCE OF THE PUBLIC PATRONIZING THE NONPRIMARY
LOCATION. THE BOARD MAY ALSO CONSIDER THE POTENTIAL BENEFIT
TO ECONOMIC DEVELOPMENT, EMPLOYMENT, TOURISM, THE RACE HORSE
INDUSTRY AND ENHANCED REVENUES TO THE COMMONWEALTH AND THE
MUNICIPALITY WHERE THE NONPRIMARY LOCATION IS SITUATED.
SUBCHAPTER C
APPLICATION AND ISSUANCE OF
NONPRIMARY LOCATION PERMIT
SEC.
13D11. APPLICATION FOR NONPRIMARY LOCATION PERMIT.
13D12. ISSUANCE AND TERMS OF NONPRIMARY LOCATION PERMIT.
13D13. CONFIDENTIALITY.
13D14. KEY EMPLOYEES AND OCCUPATION PERMITS.
§ 13D11. APPLICATION FOR NONPRIMARY LOCATION PERMIT.
(A) APPLICATION.--AN APPLICATION FOR A NONPRIMARY LOCATION
PERMIT TO PLACE AND MAKE SLOT MACHINES AVAILABLE FOR PLAY AT A
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NONPRIMARY LOCATION SHALL BE SUBMITTED ON A FORM AND IN A MANNER
AS SHALL BE REQUIRED BY THE BOARD. IN REVIEWING AND APPROVING
EACH APPLICATION, THE BOARD SHALL:
(1) ENSURE THAT THE PROPOSED LOCATION OF THE NONPRIMARY
LOCATION IS APPROVED BY THE COMMISSION IN ACCORDANCE WITH
13D07 (RELATING TO AUTHORITY TO PLACE SLOT MACHINE AT
NONPRIMARY LOCATIONS) AND COMPLIES WITH THE LOCATION
REQUIREMENTS SET FORTH IN SECTION 13D07(A)(3), (4) AND (5).
(2) CONFIRM THAT THE NONPRIMARY LOCATION PERMIT FEE
UNDER SECTION 13D17 (RELATING TO NONPRIMARY LOCATION PERMIT
FEE) HAS BEEN PAID OR WILL BE PAID IN ACCORDANCE SECTION
13D17.
(B) REQUIRED INFORMATION.--AN APPLICATION FOR A NONPRIMARY
LOCATION PERMIT SHALL INCLUDE, AT A MINIMUM:
(1) THE NAME OF THE CATEGORY 1 SLOT MACHINE LICENSEE AND
THE LICENSED RACING ENTITY AND LOCATION OF THE EXISTING
NONPRIMARY LOCATION, IF ANY, OR THE LOCATION OF ANY PROPOSED
RELOCATED OR NEW NONPRIMARY LOCATION APPROVED BY THE
COMMISSION.
(2) THE NAME, ADDRESS AND CURRENT PHOTOGRAPH OF THE
APPLICANT AND OF ALL DIRECTORS AND OWNERS AND KEY EMPLOYEES
AND THEIR POSITIONS WITHIN THE LICENSED RACING ENTITY, IF
REQUIRED BY THE BOARD.
(3) THE PROPOSED LOCATION OF THE SLOT MACHINE AREA OR
AREAS IN THE NONPRIMARY LOCATION, IF KNOWN.
(4) DETAILED SITE AND ARCHITECTURAL PLANS OF THE
PROPOSED AREA OR AREAS WITHIN THE NONPRIMARY LOCATION WHERE
SLOT MACHINES WILL BE PLACED AND MADE AVAILABLE FOR PLAY.
(5) THE NUMBER OF SLOT MACHINES REQUESTED.
(6) THE CURRENT STATUS OF THE LICENSED RACING ENTITY'S
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HORSE RACING LICENSE, IF REQUIRED BY THE BOARD.
(7) THE CURRENT STATUS OF THE SLOT MACHINE LICENSE
ISSUED UNDER THIS PART, IF REQUIRED BY THE BOARD.
(8) THE DETAILS OF ANY LOANS OR OTHER FINANCING OBTAINED
OR THAT WILL BE OBTAINED TO FUND AN EXPANSION, MODIFICATION
OR CONSTRUCTION PROJECT AT AN EXISTING NONPRIMARY LOCATION, A
RELOCATED NONPRIMARY LOCATION OR A PROPOSED OR NEWLY APPROVED
NONPRIMARY LOCATION TO ACCOMMODATE SLOT MACHINES AT THE
NONPRIMARY LOCATION.
(9) THE CONSENT TO CONDUCT A BACKGROUND INVESTIGATION BY
THE BUREAU, THE SCOPE OF WHICH SHALL BE DETERMINED BY THE
BUREAU AT ITS DISCRETION CONSISTENT WITH THE PROVISIONS OF
THIS PART, AND A RELEASE SIGNED BY ALL PERSONS SUBJECT TO THE
INVESTIGATION OF ALL INFORMATION REQUIRED TO COMPLETE THE
INVESTIGATION, IF THE BUREAU, AT ITS DISCRETION, DETERMINES
THAT A BACKGROUND INVESTIGATION IS NECESSARY UNDER THIS
CHAPTER.
(10) ANY OTHER INFORMATION DETERMINED TO BE NECESSARY
AND APPROPRIATE BY THE BOARD.
§ 13D12. ISSUANCE AND TERMS OF NONPRIMARY LOCATION PERMIT.
(A) ISSUANCE OF PERMIT.--UPON APPROVAL OF AN APPLICATION FOR
A NONPRIMARY LOCATION PERMIT AND PAYMENT OF THE NONPRIMARY
LOCATION PERMIT FEE UNDER SECTION 13D17 (RELATING TO NONPRIMARY
LOCATION PERMIT FEE), THE BOARD SHALL ISSUE A NONPRIMARY
LOCATION PERMIT TO A CATEGORY 1 LICENSED GAMING ENTITY
AUTHORIZING IT TO PLACE AND MAKE SLOT MACHINES AVAILABLE FOR
PLAY AT A NONPRIMARY LOCATION.
(B) TERMS OF PERMIT.--A NONPRIMARY LOCATION PERMIT APPROVED
AND ISSUED BY THE BOARD IN ACCORDANCE WITH SUBSECTION (A) SHALL
BE IN EFFECT UNLESS SUSPENDED OR REVOKED BY THE BOARD UPON GOOD
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CAUSE CONSISTENT WITH THE REQUIREMENTS OF THIS PART, REGULATIONS
PROMULGATED PURSUANT TO THIS PART OR REGULATIONS OF THE
COMMISSION.
(C) NOTIFICATION OF CHANGE IN STATUS.--NOTHING IN THIS
SECTION SHALL RELIEVE A NONPRIMARY LOCATION PERMIT HOLDER OF THE
AFFIRMATIVE DUTY TO NOTIFY THE BOARD OF ANY CHANGES RELATING TO
THE STATUS OF ITS NONPRIMARY LOCATION PERMIT, ITS HORSE RACING
LICENSE OR TO ANY OTHER INFORMATION CONTAINED IN THE APPLICATION
MATERIALS ON FILE WITH THE BOARD.
§ 13D13. CONFIDENTIALITY.
INFORMATION SUBMITTED TO THE BOARD UNDER SECTION 13D11
(RELATING TO APPLICATION FOR NONPRIMARY LOCATION PERMIT) MAY BE
CONSIDERED CONFIDENTIAL BY THE BOARD IF THE INFORMATION WOULD BE
CONFIDENTIAL UNDER SECTION 1206(F) (RELATING TO BOARD MINUTES
AND RECORDS).
§ 13D14. KEY EMPLOYEES AND OCCUPATION PERMITS.
NOTHING IN THIS SUBCHAPTER SHALL BE CONSTRUED TO REQUIRE ANY
INDIVIDUAL WHO HOLDS A PRINCIPAL LICENSE, A KEY EMPLOYEE LICENSE
OR GAMING EMPLOYEE LICENSE UNDER CHAPTERS 13 (RELATING TO
LICENSEES) AND 13A (RELATING TO TABLE GAMES) OR WHO HOLDS A
LICENSE, PERMIT OR REGISTRATION UNDER ARTICLE XXVIII-D OF THE
ACT OF APRIL 9, 1929 (P.L.177, NO.175), KNOWN AS THE
ADMINISTRATIVE CODE OF 1929, TO OBTAIN A SEPARATE LICENSE,
PERMIT OR REGISTRATION TO BE EMPLOYED IN A SLOT MACHINE
LICENSEE'S SLOT MACHINE OPERATION AT A NONPRIMARY LOCATION UNDER
THIS CHAPTER, IF THE BOARD DETERMINES, IN CONSULTATION WITH THE
COMMISSION, THAT LICENSURE UNDER THE PROVISIONS OF THIS PART OR
ARTICLE XXVIII-D OF THE ADMINISTRATIVE CODE OF 1929 IS
SUFFICIENT AND WILL NOT COMPROMISE THE INTEGRITY OF THE
OPERATION OF SLOT MACHINES AT NONPRIMARY LOCATIONS.
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SUBCHAPTER D
FEES AND TAXES
SEC.
13D17. NONPRIMARY LOCATION PERMIT FEE.
13D18. NONPRIMARY LOCATION TAXES, IMPOSITION, DEPOSITS AND
DISTRIBUTIONS.
§ 13D17. NONPRIMARY LOCATION PERMIT FEE.
(A) AMOUNT OF FEE.--AT THE TIME A NONPRIMARY LOCATION PERMIT
IS ISSUED UNDER SECTION 13D12(A) (RELATING TO ISSUANCE AND TERMS
OF NONPRIMARY LOCATION PERMIT), THE BOARD SHALL IMPOSE A ONE-
TIME FEE OF $5,000,000 TO BE PAID BY THE CATEGORY 1 LICENSED
GAMING ENTITY FOR EACH NONPRIMARY LOCATION WHERE IT WILL PLACE
AND MAKE SLOT MACHINES AVAILABLE FOR PLAY.
(B) RENEWAL FEE NOT REQUIRED.--A NONPRIMARY LOCATION PERMIT
SHALL NOT BE SUBJECT TO RENEWAL OR PAYMENT OF ANY NONPRIMARY
LOCATION PERMIT RENEWAL FEE.
(C) DEPOSIT OF FEE INTO GENERAL FUND.--NOTWITHSTANDING
SECTION 1208 (RELATING TO COLLECTION OF FEES AND FINES), ALL
NONPRIMARY LOCATION PERMIT FEES AND PENALTIES COLLECTED BY THE
BOARD UNDER THIS SECTION SHALL BE DEPOSITED IN THE GENERAL FUND.
§ 13D18. NONPRIMARY LOCATION TAXES, IMPOSITION, DEPOSITS AND
DISTRIBUTIONS.
(A) IMPOSITION.--THE DEPARTMENT SHALL DETERMINE AND EACH
NONPRIMARY LOCATION PERMIT HOLDER SHALL PAY A DAILY TAX OF 54%
FROM ITS DAILY GROSS TERMINAL REVENUE FROM THE SLOT MACHINES IN
OPERATION AT ITS NONPRIMARY LOCATION.
(B) DISTRIBUTION.--
(1) THE TAX IMPOSED AND COLLECTED UNDER SUBSECTION (A)
SHALL BE DISTRIBUTED AS FOLLOWS:
(I) NINETY-TWO PERCENT OF THE TAX SHALL BE DEPOSITED
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BY THE DEPARTMENT IN THE GENERAL FUND.
(II) EIGHT PERCENT SHALL CONSTITUTE A LOCAL SHARE
ASSESSMENT AND BE DISTRIBUTED BY THE DEPARTMENT ON A
QUARTERLY BASIS AS FOLLOWS:
(A) FOUR PERCENT TO THE COUNTY IN WHICH THE
NONPRIMARY LOCATION IS LOCATED.
(B) FOUR PERCENT TO THE MUNICIPALITY IN WHICH
THE NONPRIMARY LOCATION IS LOCATED.
(2) ALL MONEY OWED TO THE COMMONWEALTH, A COUNTY OR A
MUNICIPALITY UNDER THIS SECTION SHALL BE HELD IN TRUST BY THE
LICENSED RACING ENTITY OR LICENSED GAMING ENTITY FOR THE
COMMONWEALTH, COUNTY OR MUNICIPALITY UNTIL ALL FUNDS ARE
DISTRIBUTED BY THE DEPARTMENT IN ACCORDANCE WITH THIS
SUBSECTION.
(C) PAYMENTS AND DEPOSITS.--
(1) THE TAX IMPOSED UNDER SUBSECTION (A) SHALL BE
PAYABLE TO THE DEPARTMENT ON A WEEKLY BASIS AND SHALL BE
BASED UPON GROSS SLOT MACHINE REVENUE DERIVED FROM THE
OPERATION OF SLOT MACHINES AT A NONPRIMARY LOCATION DURING
THE PREVIOUS WEEK.
(2) ALL MONEY OWED TO THE COMMONWEALTH AND COLLECTED BY
THE DEPARTMENT IN ACCORDANCE WITH THIS SUBCHAPTER SHALL BE
DEPOSITED IN THE GENERAL FUND.
CHAPTER 13E
SLOT MACHINES IN QUALIFIED AIRPORTS
SUBCHAPTER
A. PRELIMINARY PROVISIONS
B. AIRPORT GAMING AUTHORIZED
C. CONDUCT OF AIRPORT GAMING
D. AIRPORT GAMING FEES AND TAXES
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E. MISCELLANEOUS PROVISIONS
SUBCHAPTER A
PRELIMINARY PROVISIONS
SEC.
13E01. DEFINITIONS.
§ 13E01. DEFINITIONS.
THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
CONTEXT CLEARLY INDICATES OTHERWISE:
"AIRPORT AUTHORITY." THE GOVERNING BODY OF A MUNICIPAL
AUTHORITY ORGANIZED AND INCORPORATED IN ACCORDANCE WITH 53
PA.C.S. CH. 56 (RELATING TO MUNICIPAL AUTHORITIES) TO OVERSEE
THE OPERATIONS OF A QUALIFIED AIRPORT. THE TERM SHALL INCLUDE
THE GOVERNING BODY OF ANY JOINT MUNICIPAL AUTHORITY WHICH
OPERATES A QUALIFIED AIRPORT AND THE GOVERNING BODY OF A CITY OF
THE FIRST CLASS WHICH OWNS AND OPERATES A QUALIFIED AIRPORT
LOCATED IN A COUNTY OF THE FIRST CLASS.
"AIRPORT GAMING." THE LICENSED PLACEMENT, OPERATION AND PLAY
OF SLOT MACHINES IN A QUALIFIED AIRPORT AS AUTHORIZED AND
APPROVED BY THE BOARD.
"AIRPORT GAMING CERTIFICATE HOLDER." THE AUTHORIZATION
ISSUED UNDER THIS CHAPTER TO CONDUCT AIRPORT GAMING.
"AIRPORT GAMING OPERATION CERTIFICATE." A CERTIFICATE ISSUED
BY THE PENNSYLVANIA GAMING CONTROL BOARD UNDER CHAPTER 13B
(RELATING TO INTERACTIVE GAMING) THAT AUTHORIZES A SLOT MACHINE
LICENSEE TO CONDUCT AIRPORT GAMING IN ACCORDANCE WITH THIS
CHAPTER.
"AIRPORT GAMING REVENUE." THE DAILY GROSS TERMINAL REVENUE
DERIVED FROM THE CONDUCT OF AIRPORT GAMING.
"APPLICANT." A SLOT MACHINE LICENSEE.
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"QUALIFIED AIRPORT." A PUBLICLY OWNED COMMERCIAL SERVICE
AIRPORT THAT IS DESIGNATED BY THE FEDERAL GOVERNMENT AS AN
INTERNATIONAL AIRPORT.
"SPECIFIED AREA." THE SECURE AREA OF A QUALIFIED AIRPORT
WHERE SLOT MACHINES ARE PLACED AND MADE AVAILABLE TO PLAY AND
MEMBERS OF THE PUBLIC, OTHER THAN PASSENGERS, ARE PROHIBITED
FROM ENTERING.
SUBCHAPTER B
AIRPORT GAMING AUTHORIZED
SEC.
13E11. AUTHORIZATION.
13E12. APPLICATION.
13E13. STANDARD FOR REVIEW OF APPLICATIONS.
13E14. APPROVAL OF APPLICATION.
13E15. AIRPORT GAMING OPERATION CERTIFICATE.
13E16. TIMING OF INITIAL AIRPORT GAMING AUTHORIZATIONS.
§ 13E11. AUTHORIZATION.
(A) GENERAL RULE.--UPON APPLICATION OF A SLOT MACHINE
LICENSEE, THE BOARD MAY AUTHORIZE THE SLOT MACHINE LICENSEE TO
CONDUCT AIRPORT GAMING. A SLOT MACHINE LICENSEE SEEKING
AUTHORIZATION TO CONDUCT AIRPORT GAMING MUST ENTER INTO AN
AGREEMENT WITH THE GOVERNING BODY OF A QUALIFIED AIRPORT AND
SUBMIT THE AGREEMENT TO THE BOARD FOR APPROVAL. NO PERSON SHALL
CAUSE OR MAKE SLOT MACHINES AVAILABLE FOR PLAY AT A QUALIFIED
AIRPORT WITHOUT FIRST OBTAINING AN AIRPORT GAMING OPERATION
CERTIFICATE IN ACCORDANCE WITH THE PROVISIONS OF THIS CHAPTER.
(B) CONDITIONS.--AUTHORIZATION SHALL BE CONTINGENT UPON THE
SLOT MACHINE LICENSEE'S AGREEMENT TO ENSURE THAT SLOT MACHINE
OPERATIONS WILL BE CONDUCTED IN ACCORDANCE WITH THIS PART AND
ANY OTHER CONDITIONS ESTABLISHED BY THE BOARD. THE AGREEMENT
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SHALL SPECIFY THE FEES TO BE PAID TO THE QUALIFIED AIRPORT BY
THE SLOT MACHINE LICENSEE FOR THE PRIVILEGE OF CONDUCTING
AIRPORT GAMING. NOTHING IN THIS PART SHALL BE CONSTRUED TO
CREATE A SEPARATE LICENSE GOVERNING THE CONDUCT OF AIRPORT
GAMING BY SLOT MACHINE LICENSEES WITHIN THIS COMMONWEALTH.
(C) NUMBER OF SLOT MACHINES.--THE BOARD SHALL APPROVE THE
MAXIMUM NUMBER OF SLOT MACHINES THAT A SLOT MACHINE LICENSEE MAY
OPERATE AT A QUALIFIED AIRPORT. THE BOARD, IN MAKING ITS
DETERMINATION, SHALL CONSIDER THE PHYSICAL SPACE WHERE THE SLOT
MACHINES WILL BE LOCATED AND THE CONVENIENCE OF PASSENGERS. THE
BOARD MAY ALSO CONSIDER THE POTENTIAL EMPLOYMENT, ENHANCED
REVENUES TO THE COMMONWEALTH AND OTHER ECONOMIC INDICATORS IT
DEEMS APPLICABLE IN MAKING ITS DECISION.
§ 13E12. APPLICATION.
(A) INFORMATION TO BE PROVIDED.--AN APPLICANT SEEKING
AUTHORIZATION TO CONDUCT AIRPORT GAMING SHALL PROVIDE THE
FOLLOWING INFORMATION TO THE BOARD:
(1) THE NAME, BUSINESS ADDRESS AND CONTACT INFORMATION
OF THE APPLICANT, AND THE NAME, BUSINESS ADDRESS AND CONTACT
INFORMATION OF THE AIRPORT AUTHORITY AND THE LOCATION OF THE
QUALIFIED AIRPORT.
(2) THE NAME AND BUSINESS ADDRESS, JOB TITLE AND A
PHOTOGRAPH OF EACH PRINCIPAL AND KEY EMPLOYEE OF THE
APPLICANT WHO WILL BE INVOLVED IN THE CONDUCT OF AIRPORT
GAMING AND WHO IS NOT CURRENTLY LICENSED BY THE BOARD, IF
KNOWN.
(3) THE NUMBER OF SLOT MACHINES FOR WHICH AUTHORIZATION
IS BEING SOUGHT.
(4) THE ESTIMATED NUMBER OF FULL-TIME AND PART-TIME
EMPLOYMENT POSITIONS THAT WILL BE CREATED AT THE QUALIFIED
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AIRPORT IF THE SLOT MACHINE LICENSEE IS AUTHORIZED TO OPERATE
SLOT MACHINES UNDER THIS CHAPTER AND AN UPDATED HIRING PLAN
UNDER SECTION 1510(A) (RELATING TO LABOR HIRING PREFERENCES)
WHICH OUTLINES THE APPLICANT'S PLAN TO PROMOTE THE EMPLOYMENT
REPRESENTATION OF DIVERSE GROUPS AND COMMONWEALTH RESIDENTS.
(5) THE DETAILS OF ANY FINANCING OBTAINED OR THAT WILL
BE OBTAINED TO FUND AN EXPANSION OR MODIFICATION OF THE
QUALIFIED AIRPORT TO ACCOMMODATE THE CONDUCT OF AIRPORT
GAMING AND TO OTHERWISE FUND THE COST OF COMMENCING AIRPORT
GAMING OPERATIONS.
(6) INFORMATION AND DOCUMENTATION CONCERNING FINANCIAL
BACKGROUND AND RESOURCES, AS THE BOARD MAY REQUIRE, TO
ESTABLISH BY CLEAR AND CONVINCING EVIDENCE THE FINANCIAL
STABILITY, INTEGRITY AND RESPONSIBILITY OF THE APPLICANT.
(7) INFORMATION AND DOCUMENTATION, AS THE BOARD MAY
REQUIRE, TO ESTABLISH BY CLEAR AND CONVINCING EVIDENCE THAT
THE APPLICANT HAS SUFFICIENT BUSINESS ABILITY AND EXPERIENCE
TO CONDUCT AIRPORT GAMING. IN MAKING THIS DETERMINATION, THE
BOARD MAY CONSIDER THE RESULTS OF THE APPLICANT'S SLOT
MACHINE OPERATION, INCLUDING FINANCIAL INFORMATION,
EMPLOYMENT DATA AND CAPITAL INVESTMENT.
(8) INFORMATION AND DOCUMENTATION, AS THE BOARD MAY
REQUIRE, TO ESTABLISH BY CLEAR AND CONVINCING EVIDENCE THAT
THE APPLICANT HAS OR WILL HAVE THE FINANCIAL ABILITY TO PAY
THE REQUIRED FEE UNDER SECTION 13E51 (RELATING TO FEES).
(9) DETAILED SITE PLANS IDENTIFYING THE APPLICANT'S
PROPOSED SPECIFIED AREA.
(10) A COPY OF THE AGREEMENT ENTERED INTO BY THE SLOT
MACHINE LICENSEE AND THE QUALIFIED AIRPORT. THE AGREEMENT
SHALL IDENTIFY THE MEMBERS OF THE GOVERNING BOARD OF THE
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AIRPORT AUTHORITY AND ALL EMPLOYEES OF THE AIRPORT AUTHORITY
WHO, DIRECTLY OR INDIRECTLY, REGULATE THE USE AND CONTROL OF
THE QUALIFIED AIRPORT AND WHO WILL OVERSEE AIRPORT GAMING AT
THE QUALIFIED AIRPORT.
(11) OTHER INFORMATION AS THE BOARD MAY REQUIRE.
(B) CONFIDENTIALITY.--INFORMATION SUBMITTED TO THE BOARD
UNDER SUBSECTION (A)(6), (7), (8), (9) AND (10) MAY BE
CONSIDERED CONFIDENTIAL BY THE BOARD IF THE INFORMATION WOULD BE
CONFIDENTIAL UNDER SECTION 1206(F) (RELATING TO BOARD MINUTES
AND RECORDS).
§ 13E13. STANDARD FOR REVIEW OF APPLICATIONS.
THE BOARD SHALL APPROVE AN APPLICATION IF THE APPLICANT
ESTABLISHES, BY CLEAR AND CONVINCING EVIDENCE, ALL OF THE
FOLLOWING:
(1) THE APPLICANT'S SLOT MACHINE LICENSE IS IN GOOD
STANDING WITH THE BOARD, AND THE APPLICANT HAS AN AGREEMENT
WITH THE AIRPORT AUTHORITY AUTHORIZING THE PLACEMENT OF SLOT
MACHINES AT THE QUALIFIED AIRPORT.
(2) THE APPLICANT POSSESSES ADEQUATE FUNDS OR HAS
SECURED ADEQUATE FINANCING TO:
(I) FUND ANY NECESSARY EXPANSION OR MODIFICATION OF
THE QUALIFIED AIRPORT TO ACCOMMODATE THE CONDUCT OF
AIRPORT GAMING IF REQUIRED IN THE AGREEMENT WITH THE
GOVERNING BODY OF THE AIRPORT AUTHORITY.
(II) PAY THE REQUIRED FEE IN ACCORDANCE WITH SECTION
13E51 (RELATING TO FEES).
(III) COMMENCE AIRPORT GAMING OPERATIONS AT THE
QUALIFIED AIRPORT.
(3) THE APPLICANT HAS THE FINANCIAL STABILITY, INTEGRITY
AND RESPONSIBILITY TO CONDUCT AIRPORT GAMING.
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(4) THE APPLICANT HAS SUFFICIENT BUSINESS ABILITY AND
EXPERIENCE TO CREATE AND MAINTAIN AIRPORT GAMING.
(5) THE APPLICANT'S PROPOSED INTERNAL AND EXTERNAL
SECURITY AND PROPOSED SURVEILLANCE MEASURES WITHIN THE
SPECIFIED AREA WHERE THE APPLICANT SEEKS TO CONDUCT AIRPORT
GAMING ARE ADEQUATE.
(6) THE APPLICANT AGREES THAT THE NUMBER OF SLOT
MACHINES IN OPERATION AT ITS LICENSED FACILITY WILL NOT BE
PERMANENTLY REDUCED IN ORDER TO CONDUCT AIRPORT GAMING.
§ 13E14. APPROVAL OF APPLICATION.
UPON APPROVAL OF AN APPLICATION, THE BOARD SHALL ISSUE AN
AIRPORT GAMING OPERATION CERTIFICATE TO THE APPLICANT. ISSUING
AN AIRPORT GAMING OPERATION CERTIFICATE PRIOR TO THE PAYMENT IN
FULL OF THE FEE REQUIRED BY SECTION 13E51 (RELATING TO FEES)
SHALL NOT RELIEVE THE APPLICANT FROM COMPLYING WITH THE
PROVISIONS OF SECTION 13E51.
§ 13E15. AIRPORT GAMING OPERATION CERTIFICATE.
THE FOLLOWING SHALL APPLY:
(1) AN AIRPORT GAMING OPERATION CERTIFICATE SHALL BE IN
EFFECT UNLESS:
(I) SUSPENDED OR REVOKED BY THE BOARD CONSISTENT
WITH THE REQUIREMENTS OF THIS PART.
(II) THE SLOT MACHINE LICENSE HELD BY THE AIRPORT
GAMING CERTIFICATE HOLDER IS SUSPENDED, REVOKED OR NOT
RENEWED BY THE BOARD CONSISTENT WITH THE REQUIREMENTS OF
THIS PART.
(III) THE AIRPORT GAMING CERTIFICATE HOLDER
RELINQUISHES OR DOES NOT SEEK RENEWAL OF ITS SLOT MACHINE
LICENSE.
(IV) THE AGREEMENT BETWEEN THE AIRPORT GAMING
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CERTIFICATE HOLDER AND THE GOVERNING BODY OF THE
AUTHORITY IS NOT RENEWED.
(2) THE AIRPORT GAMING OPERATION CERTIFICATE SHALL
INCLUDE THE MAXIMUM NUMBER OF SLOT MACHINES APPROVED BY THE
BOARD AND PERMITTED IN THE SPECIFIED AREA. THE AIRPORT GAMING
CERTIFICATE HOLDER MAY INCREASE OR DECREASE THE NUMBER OF
SLOT MACHINES PERMITTED IN THE SPECIFIED AREA OR CHANGE THE
CONFIGURATION OF THE SLOT MACHINES UPON NOTICE TO AND
APPROVAL BY THE BOARD. UNLESS APPROVED BY THE BOARD, THE
TOTAL NUMBER OF SLOT MACHINES IN OPERATION IN THE SPECIFIED
AREA MAY NOT EXCEED THE NUMBER AUTHORIZED IN THE AIRPORT
GAMING OPERATION CERTIFICATE.
(3) A AIRPORT GAMING CERTIFICATE HOLDER SHALL BE
REQUIRED TO UPDATE THE INFORMATION IN ITS INITIAL AIRPORT
GAMING APPLICATION AT TIMES PRESCRIBED BY THE BOARD.
§ 13E16. TIMING OF INITIAL AIRPORT GAMING AUTHORIZATIONS.
THE BOARD SHALL APPROVE OR DENY AN APPLICATION WITHIN 180
DAYS FOLLOWING RECEIPT OF THE COMPLETED APPLICATION.
SUBCHAPTER C
CONDUCT OF AIRPORT GAMING
SEC.
13E31. AUTHORIZED LOCATIONS FOR OPERATION.
13E32. COMMENCEMENT OF AIRPORT GAMING OPERATIONS.
13E33. CONDITION OF CONTINUED OPERATION.
13E34. AIRPORT GAMING ACCOUNTING CONTROLS AND AUDIT PROTOCOLS.
13E35. CASH EQUIVALENTS.
13E36. OCCUPATION PERMITS.
§ 13E31. AUTHORIZED LOCATIONS FOR OPERATION.
(A) RESTRICTION.--AN AIRPORT GAMING CERTIFICATE HOLDER SHALL
ONLY BE PERMITTED TO OPERATE SLOT MACHINES IN THE SPECIFIED AREA
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AUTHORIZED BY THE BOARD.
(B) POWERS AND DUTIES OF BOARD.--NO AIRPORT GAMING
CERTIFICATE HOLDER MAY BE APPROVED TO OPERATE SLOT MACHINES
UNLESS THE SPECIFIED AREA IS EQUIPPED WITH ADEQUATE SECURITY AND
SURVEILLANCE EQUIPMENT TO ENSURE THE INTEGRITY OF THE CONDUCT OF
AIRPORT GAMING. AN AUTHORIZATION GRANTED UNDER THIS SECTION MAY
NOT IMPOSE ANY CRITERIA OR REQUIREMENTS REGARDING THE CONTENTS
OR STRUCTURE OF A QUALIFIED AIRPORT WHICH ARE UNRELATED TO THE
CONDUCT OF AIRPORT GAMING.
§ 13E32. COMMENCEMENT OF AIRPORT GAMING OPERATIONS.
AN AIRPORT GAMING CERTIFICATE HOLDER MAY NOT OPERATE OR OFFER
SLOT MACHINES FOR PLAY AT A QUALIFIED AIRPORT UNTIL THE BOARD
DETERMINES THAT:
(1) THE AIRPORT GAMING CERTIFICATE HOLDER IS IN
COMPLIANCE WITH THE REQUIREMENTS OF THIS PART.
(2) THE AIRPORT GAMING CERTIFICATE HOLDER'S INTERNAL
CONTROLS AND AUDIT PROTOCOLS ARE SUFFICIENT TO MEET THE
REQUIREMENTS OF SECTION 13E34 (RELATING TO AIRPORT GAMING
ACCOUNTING CONTROLS AND AUDIT PROTOCOLS).
(3) THE AIRPORT GAMING CERTIFICATE HOLDER'S GAMING
EMPLOYEES, WHERE APPLICABLE, ARE LICENSED, PERMITTED OR
OTHERWISE AUTHORIZED BY THE BOARD TO PERFORM THEIR RESPECTIVE
DUTIES.
(4) THE AIRPORT GAMING CERTIFICATE HOLDER IS PREPARED IN
ALL RESPECTS TO OFFER SLOT MACHINE PLAY TO ELIGIBLE
PASSENGERS AT THE QUALIFIED AIRPORT.
(5) THE AIRPORT GAMING CERTIFICATE HOLDER HAS
IMPLEMENTED NECESSARY INTERNAL AND MANAGEMENT CONTROLS AND
SECURITY ARRANGEMENTS AND SURVEILLANCE SYSTEMS FOR THE
CONDUCT OF AIRPORT GAMING.
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(6) THE AIRPORT GAMING CERTIFICATE HOLDER IS IN
COMPLIANCE WITH OR HAS COMPLIED WITH SECTION 13E51 (RELATING
TO FEES).
(7) ALL SLOT MACHINES CERTIFIED AND APPROVED FOR USE
UNDER THIS CHAPTER HAVE BEEN APPROVED BY THE BOARD AND ARE
COMPATIBLE WITH THE CENTRAL CONTROL COMPUTER AND PROTOCOL
SPECIFICATIONS APPROVED BY THE DEPARTMENT.
(8) THE AIRPORT GAMING CERTIFICATE HOLDER HAS
IMPLEMENTED OR WILL IMPLEMENT THE NECESSARY PROCEDURES AND
SAFEGUARDS TO ENSURE THAT NO INDIVIDUAL UNDER 21 YEARS OF AGE
WILL BE PERMITTED TO ENTER THE SPECIFIED AREA OF THE
QUALIFIED AIRPORT.
§ 13E33. CONDITION OF CONTINUED OPERATION.
AS A CONDITION OF CONTINUED OPERATION, AN AIRPORT GAMING
CERTIFICATE HOLDER SHALL MAINTAIN ALL BOOKS, RECORDS AND
DOCUMENTS PERTAINING TO AIRPORT GAMING IN A MANNER AND LOCATION
WITHIN THIS COMMONWEALTH AS APPROVED BY THE BOARD. ALL BOOKS,
RECORDS AND DOCUMENTS RELATED TO AIRPORT GAMING SHALL:
(1) BE SEGREGATED BY SEPARATE ACCOUNTS WITHIN THE SLOT
MACHINE LICENSEE'S BOOKS, RECORDS AND DOCUMENTS, EXCEPT FOR
ANY BOOKS, RECORDS OR DOCUMENTS THAT ARE COMMON TO THE
LICENSEE'S SLOT MACHINE OPERATIONS AT A LICENSED FACILITY AND
A QUALIFIED AIRPORT;
(2) BE IMMEDIATELY AVAILABLE FOR INSPECTION UPON REQUEST
OF THE BOARD, THE BUREAU, THE DEPARTMENT, THE PENNSYLVANIA
STATE POLICE OR THE ATTORNEY GENERAL, OR AGENTS THEREOF,
DURING ALL HOURS OF OPERATION AT THE QUALIFIED AIRPORT IN
ACCORDANCE WITH REGULATIONS PROMULGATED BY THE BOARD; AND
(3) BE MAINTAINED FOR A PERIOD AS THE BOARD, BY
REGULATION, MAY REQUIRE.
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§ 13E34. AIRPORT GAMING ACCOUNTING CONTROLS AND AUDIT
PROTOCOLS.
(A) APPROVAL.--PRIOR TO THE COMMENCEMENT OF AIRPORT GAMING
OPERATIONS, AN AIRPORT GAMING CERTIFICATE HOLDER SHALL SUBMIT TO
THE BOARD FOR APPROVAL ALL PROPOSED SITE PLANS, INTERNAL AND
ACCOUNTING CONTROL SYSTEMS AND AUDIT PROTOCOLS FOR THE AIRPORT
GAMING CERTIFICATE HOLDER'S AIRPORT GAMING OPERATIONS.
(B) MINIMUM REQUIREMENTS.--THE AIRPORT GAMING CERTIFICATE
HOLDER'S INTERNAL AND ACCOUNTING CONTROLS AND AUDIT PROTOCOLS
SHALL MEET THE REQUIREMENTS SET FORTH IN SECTION 1322(B) AND (C)
(RELATING TO SLOT MACHINE ACCOUNTING CONTROLS AND AUDITS).
§ 13E35. CASH EQUIVALENTS.
NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS PART, THE BOARD
MAY, THROUGH REGULATIONS, DETERMINE THE CASH EQUIVALENTS THAT
MAY BE AUTHORIZED AND ACCEPTED BY AN AIRPORT GAMING CERTIFICATE
HOLDER IN THE CONDUCT OF AIRPORT GAMING.
§ 13E36. OCCUPATION PERMITS.
(A) APPLICATION.--ANY PERSON WHO DESIRES TO BE A GAMING
EMPLOYEE AND HAS A BONA FIDE OFFER OF EMPLOYMENT FROM A AIRPORT
GAMING CERTIFICATE HOLDER AUTHORIZED TO OPERATE SLOT MACHINES
UNDER THIS CHAPTER SHALL APPLY TO THE BOARD FOR AN OCCUPATION
PERMIT. A PERSON MAY NOT BE EMPLOYED AS A GAMING EMPLOYEE UNLESS
AND UNTIL THAT PERSON HOLDS AN APPROPRIATE OCCUPATION PERMIT
ISSUED UNDER THIS SECTION. THE BOARD MAY PROMULGATE REGULATIONS
TO RECLASSIFY A CATEGORY OF NONGAMING EMPLOYEES OR GAMING
EMPLOYEES UPON A FINDING THAT THE RECLASSIFICATION IS IN THE
PUBLIC INTEREST AND CONSISTENT WITH THE OBJECTIVES OF THIS PART.
(B) REQUIREMENTS.--THE APPLICATION FOR AN OCCUPATION PERMIT
SHALL INCLUDE, AT A MINIMUM:
(1) THE NAME AND HOME ADDRESS OF THE PERSON.
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(2) THE PREVIOUS EMPLOYMENT HISTORY OF THE PERSON.
(3) THE CRIMINAL HISTORY RECORD OF THE PERSON, AS WELL
AS THE PERSON'S CONSENT FOR THE PENNSYLVANIA STATE POLICE TO
CONDUCT A BACKGROUND INVESTIGATION.
(4) A CURRENT PHOTOGRAPH OF THE PERSON.
(5) EVIDENCE OF THE OFFER OF EMPLOYMENT AND THE NATURE
AND SCOPE OF THE PROPOSED DUTIES OF THE PERSON, IF KNOWN.
(6) THE DETAILS OF ANY OCCUPATION PERMIT OR SIMILAR
LICENSE GRANTED OR DENIED TO THE PERSON IN OTHER
JURISDICTIONS.
(7) ANY OTHER INFORMATION DETERMINED BY THE BOARD TO BE
APPROPRIATE.
(C) PROHIBITION.--NO AIRPORT GAMING CERTIFICATE HOLDER MAY
EMPLOY OR PERMIT ANY PERSON UNDER 18 YEARS OF AGE TO RENDER ANY
SERVICE IN ANY SPECIFIED AREA WHERE SLOT MACHINES ARE PHYSICALLY
LOCATED.
(D) CONSTRUCTION.--NOTHING IN THIS PART SHALL BE CONSTRUED
TO REQUIRE ANY PERSON WHO HOLDS A PRINCIPAL LICENSE, A KEY
EMPLOYEE LICENSE OR GAMING EMPLOYEE OCCUPATION PERMIT UNDER
CHAPTER 13 (RELATING TO LICENSEES) TO OBTAIN A SEPARATE LICENSE,
PERMIT, CERTIFICATE, REGISTRATION OR OTHER AUTHORIZATION TO BE
EMPLOYED IN AN AIRPORT GAMING CERTIFICATE HOLDER'S AIRPORT
GAMING OPERATIONS.
SUBCHAPTER D
AIRPORT GAMING FEES AND TAXES
SEC.
13E51. FEES.
13E52. AIRPORT GAMING TAX AND ASSESSMENT.
§ 13E51. FEES.
(A) REQUIRED FEES.--A SLOT MACHINE LICENSEE SHALL PAY:
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(1) EXCEPT AS SET FORTH IN PARAGRAPH (2) OR (3), A ONE-
TIME, NONREFUNDABLE FEE OF $1,000,000 UPON THE ISSUANCE OF A
CERTIFICATE TO OPERATE SLOT MACHINES UNDER THIS CHAPTER IN A
QUALIFIED AIRPORT.
(2) A ONE-TIME, NONREFUNDABLE FEE OF $5,000,000 UPON THE
ISSUANCE OF A CERTIFICATE TO OPERATE SLOT MACHINES UNDER THIS
CHAPTER IN A QUALIFIED AIRPORT LOCATED IN A CITY OF THE FIRST
CLASS.
(3) A ONE-TIME, NONREFUNDABLE FEE OF $2,500,000 UPON THE
ISSUANCE OF A CERTIFICATE TO OPERATE SLOT MACHINES UNDER THIS
CHAPTER IN A QUALIFIED AIRPORT LOCATED IN A COUNTY OF THE
SECOND CLASS.
(B) DEPOSIT OF FEES.--NOTWITHSTANDING SECTION 1208 (RELATING
TO COLLECTION OF FEES AND FINES), ALL FEES OR PENALTIES RECEIVED
BY THE BOARD UNDER THIS CHAPTER SHALL BE DEPOSITED IN THE
GENERAL FUND.
§ 13E52. AIRPORT GAMING TAX AND ASSESSMENT.
(A) IMPOSITION.--EACH AIRPORT GAMING CERTIFICATE HOLDER
SHALL REPORT TO THE DEPARTMENT AND PAY FROM ITS AIRPORT GAMING
REVENUE, ON A FORM AND IN THE MANNER PRESCRIBED BY THE
DEPARTMENT, A TAX OF 34% OF ITS AIRPORT GAMING REVENUE AND AN
AIRPORT LOCAL SHARE ASSESSMENT.
(B) DEPOSITS AND DISTRIBUTIONS.--
(1) THE TAX AND LOCAL SHARE ASSESSMENT IMPOSED UNDER
SUBSECTION (A) SHALL BE PAYABLE TO THE DEPARTMENT ON A WEEKLY
BASIS AND SHALL BE BASED UPON GROSS TERMINAL REVENUE DERIVED
DURING THE PREVIOUS WEEK.
(2) ALL FUNDS OWED TO THE COMMONWEALTH UNDER THIS
SECTION SHALL BE HELD IN TRUST FOR THE COMMONWEALTH BY THE
AIRPORT GAMING CERTIFICATE HOLDER UNTIL THE FUNDS ARE PAID TO
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THE DEPARTMENT. UNLESS OTHERWISE AGREED TO BY THE BOARD, A
AIRPORT GAMING CERTIFICATE HOLDER SHALL ESTABLISH A SEPARATE
BANK ACCOUNT INTO WHICH GROSS TERMINAL REVENUE SHALL BE
DEPOSITED AND MAINTAINED UNTIL SUCH TIME AS THE FUNDS ARE
PAID TO THE DEPARTMENT UNDER THIS SECTION.
(3) THE DEPARTMENT SHALL TRANSFER THE TAX REVENUES
COLLECTED UNDER THIS SECTION TO THE GENERAL FUND.
(4) THE DEPARTMENT SHALL QUARTERLY DISTRIBUTE TO EACH
QUALIFIED AIRPORT THE AIRPORT LOCAL SHARE ASSESSMENT FROM THE
AIRPORT GAMING REVENUE GENERATED FROM AIRPORT GAMING AT EACH
QUALIFIED AIRPORT.
(C) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING
WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
SUBSECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:
"AIRPORT LOCAL SHARE ASSESSMENT." TWENTY PERCENT OF AN
AIRPORT GAMING CERTIFICATE HOLDER'S AIRPORT GAMING REVENUE.
SUBCHAPTER E
MISCELLANEOUS PROVISIONS
SEC.
13E91. REGULATIONS.
§ 13E91. REGULATIONS.
(A) REGULATIONS.--THE BOARD SHALL PROMULGATE REGULATIONS
CONSISTENT WITH THE PROVISIONS OF THIS PART TO GOVERN THE
CONDUCT OF AIRPORT GAMING AT QUALIFIED AIRPORTS.
(B) TEMPORARY REGULATIONS.--IN ORDER TO FACILITATE THE
PROMPT IMPLEMENTATION OF THIS CHAPTER, REGULATIONS PROMULGATED
BY THE BOARD IN ACCORDANCE WITH SUBSECTION (A) SHALL BE DEEMED
TEMPORARY REGULATIONS WHICH SHALL EXPIRE NOT LATER THAN TWO
YEARS FOLLOWING THE PUBLICATION OF THE TEMPORARY REGULATION. THE
BOARD MAY PROMULGATE TEMPORARY REGULATIONS NOT SUBJECT TO:
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(1) SECTIONS 201, 202, 203, 204 AND 205 OF THE ACT OF
JULY 31, 1968 (P.L.769, NO.240), REFERRED TO AS THE
COMMONWEALTH DOCUMENTS LAW.
(2) THE ACT OF JUNE 25, 1982 (P.L.633, NO.181), KNOWN AS
THE REGULATORY REVIEW ACT.
(3) SECTIONS 204(B) AND 301(10) OF THE ACT OF OCTOBER
15, 1980 (P.L.950, NO.164), KNOWN AS THE COMMONWEALTH
ATTORNEYS ACT.
(C) EXPIRATION.--THE BOARD'S AUTHORITY TO ADOPT TEMPORARY
REGULATIONS UNDER SUBSECTION (A) SHALL EXPIRE TWO YEARS AFTER
THE EFFECTIVE DATE OF THIS SECTION. REGULATIONS ADOPTED AFTER
THIS PERIOD SHALL BE PROMULGATED AS PROVIDED BY LAW.
CHAPTER 13F
CASINO SIMULCASTING
SUBCHAPTER
A. GENERAL PROVISIONS
B. CASINO SIMULCASTING AUTHORIZED
C. APPLICATION AND ISSUANCE OF PERMIT AND ESTABLISHMENT OF
SIMULCASTING FACILITY
D. CONDUCT OF CASINO SIMULCASTING
E. FEES AND TAXES
SUBCHAPTER A
GENERAL PROVISIONS
SEC.
13F01. LEGISLATIVE INTENT AND PURPOSE.
13F02. DEFINITIONS.
§ 13F01. LEGISLATIVE INTENT AND PURPOSE.
THE GENERAL ASSEMBLY FINDS AS FOLLOWS:
(1) THE PEOPLE OF THIS COMMONWEALTH HAVE A VITAL
ECONOMIC INTEREST IN THE CONTINUED SUCCESS OF THIS
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COMMONWEALTH'S GAMING INDUSTRY, INCLUDING THE RACE HORSE
INDUSTRY. DUE TO THIS ECONOMIC INTEREST, ENHANCEMENTS TO
CURRENT GAMING ACTIVITIES MUST BE AUTHORIZED TO ENSURE THE
ONGOING COMPETITIVENESS, VIABILITY AND STABILITY OF THE
GAMING INDUSTRY IN THIS COMMONWEALTH.
(2) A PRIMARY INTENT OF THE RACE HORSE DEVELOPMENT AND
GAMING ACT, AS CODIFIED IN THIS PART, IS TO ENHANCE LIVE
HORSE RACING. HOWEVER, THE LEGALIZATION OF COMMERCIAL GAMING
IN STATES ON THE GEOGRAPHIC BORDERS OF THIS COMMONWEALTH
MAKES IT IMPERATIVE TO AUTHORIZE NEW AND INNOVATIVE GAMING
ACTIVITIES RELATED TO HORSE RACING AND COMMERCIAL CASINO-
STYLE GAMING, WHICH COULD BE IMPLEMENTED BY LICENSED GAMING
ENTITIES, AND WHICH COULD HELP ENSURE THE VIABILITY OF BOTH
HORSE RACING AND COMMERCIAL GAMING.
(3) THE INTENT OF THIS CHAPTER IS TO GIVE LICENSED
GAMING ENTITIES THE AUTHORITY TO CONDUCT CASINO SIMULCASTING
AT CATEGORY 2 AND CATEGORY 3 LICENSED FACILITIES IN ORDER TO
EXPAND HORSE RACING OPPORTUNITIES THROUGH SIMULCASTING AND,
THEREBY, ENHANCING THE VIABILITY OF THIS COMMONWEALTH'S RACE
HORSE AND COMMERCIAL GAMING INDUSTRY.
§ 13F02. DEFINITIONS.
THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
CONTEXT CLEARLY INDICATES OTHERWISE:
"LICENSED GAMING ENTITY." A PERSON WHO HAS BEEN APPROVED FOR
AND ISSUED A CATEGORY 2 SLOT MACHINE LICENSE OR A CATEGORY 3
SLOT MACHINE LICENSE IN ACCORDANCE WITH SECTIONS 1304 (RELATING
TO CATEGORY 2 SLOT MACHINE LICENSE), 1305 (RELATING TO CATEGORY
3 SLOT MACHINE LICENSE) AND 1325 (RELATING TO LICENSE OR PERMIT
ISSUANCE) AND WHO HOLDS A CASINO SIMULCASTING PERMIT.
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SUBCHAPTER B
CASINO SIMULCASTING AUTHORIZED
SEC.
13F05. AUTHORIZATION TO CONDUCT SIMULCASTING.
13F06. REGULATIONS.
13F07. TEMPORARY REGULATIONS.
13F08. SIMULCAST AGREEMENTS.
§ 13F05. AUTHORIZATION TO CONDUCT SIMULCASTING.
(A) AUTHORITY TO CONDUCT.--NOTWITHSTANDING ANY OTHER
PROVISION OF LAW OR REGULATION, IT SHALL BE LAWFUL FOR A
LICENSED GAMING ENTITY TO CONDUCT CASINO SIMULCASTING OR ENTER
INTO AN AGREEMENT OR AGREEMENTS WITH A LICENSED RACING ENTITY OR
OTHER PERSON FOR THE CONDUCT OF CASINO SIMULCASTING IN
ACCORDANCE WITH THE PROVISIONS OF THIS CHAPTER, ARTICLE XXVIII-D
OF THE ACT OF APRIL 9, 1929 (P.L.177, NO.175), KNOWN AS THE
ADMINISTRATIVE CODE OF 1929, AND THE APPLICABLE REGULATIONS OF
THE BOARD AND THE COMMISSION PROMULGATED UNDER THIS CHAPTER.
(B) ADMINISTRATION AND ENFORCEMENT.--THE BOARD SHALL
ADMINISTER AND ENFORCE THE PROVISIONS OF THIS CHAPTER AS THEY
RELATE TO THE CONDUCT OF CASINO SIMULCASTING BY A SLOT MACHINE
LICENSEE AND, EXCEPT AS PROVIDED IN THIS CHAPTER, SHALL ADOPT
AND PROMULGATE REGULATIONS TO CARRY OUT AND ENFORCE THE
PROVISIONS OF THIS CHAPTER.
§ 13F06. REGULATIONS.
(A) ADOPTION OF REGULATIONS.--THE BOARD, IN CONSULTATION
WITH THE COMMISSION , SHALL ADOPT AND PROMULGATE REGULATIONS TO
GOVERN THE CONDUCT OF CASINO SIMULCASTING BY LICENSED GAMING
ENTITIES IN THIS COMMONWEALTH. SUCH REGULATIONS SHALL ESTABLISH
THE FOLLOWING:
(1) THE METHOD AND FORM OF THE APPLICATION WHICH A
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LICENSED GAMING ENTITY MUST FOLLOW AND COMPLETE BEFORE
CONSIDERATION OF THE LICENSED GAMING ENTITY'S APPLICATION TO
CONDUCT CASINO SIMULCASTING.
(2) THE PERMISSIBLE COMMUNICATIONS TECHNOLOGY WHICH MUST
BE USED TO FACILITATE THE CONDUCT OF CASINO SIMULCASTING IN
ACCORDANCE WITH REGULATIONS OF THE BOARD, THE COMMISSION AND
APPLICABLE FEDERAL LAW AND REGULATIONS.
(3) THE TIMES DURING WHICH A LICENSED GAMING ENTITY MAY
CONDUCT CASINO SIMULCASTING SHALL BE THE SAME AS THE TIMES
AUTHORIZED FOR THE CONDUCT OF CASINO SIMULCASTING BY CATEGORY
1 SLOT MACHINE LICENSEES.
(4) THE APPROVAL OF THE TERMS AND CONDITIONS OF ANY
AGREEMENT BETWEEN A LICENSED GAMING ENTITY AND A LICENSED
RACING ENTITY OR OTHER PERSON RELATED TO THE MANAGEMENT OR
OPERATION OF CASINO SIMULCASTING AND THE PARI-MUTUEL SYSTEM
OF WAGERING, INCLUDING THE PERCENTAGE OF THE MONEY RETAINED
BY A LICENSED RACING ENTITY FOR PARI-MUTUEL POOLS WHICH MAY
BE DISTRIBUTED TO THE LICENSED GAMING ENTITY.
(5) THE REQUIRED CONTENTS OF AGREEMENTS ENTERED INTO
BETWEEN A LICENSED GAMING ENTITY, A LICENSED RACING ENTITY OR
OTHER PERSON FOR THE MANAGEMENT OR OPERATION OF CASINO
SIMULCASTING AND THE PARI-MUTUEL SYSTEM OF WAGERING.
(6) A REQUIREMENT THAT WAGERING ON SIMULCAST HORSE RACE
MEETINGS SHALL ONLY BE CONDUCTED WITHIN AN ENCLOSED LOCATION
OF AN AUTHORIZED LICENSED GAMING ENTITY'S LICENSED FACILITY
WHICH HAS BEEN APPROVED BY THE BOARD, IN CONSULTATION WITH
THE COMMISSION.
(7) THE STANDARDS AND RULES TO GOVERN THE CONDUCT OF
CASINO SIMULCASTING AND THE SYSTEM OF PARI-MUTUEL WAGERING
ASSOCIATED WITH RACE HORSE SIMULCASTING.
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(8) THE REPORTING PROCEDURES AND RECORDS WHICH WILL BE
REQUIRED FROM A LICENSED GAMING ENTITY TO ENSURE THAT ALL
MONEY GENERATED FROM CASINO SIMULCASTING IS ACCOUNTED FOR AND
WINNERS' NAMES, WHEN REQUIRED UNDER APPLICABLE FEDERAL OR
STATE LAW, ARE FILED WITH THE APPROPRIATE TAXING AUTHORITIES.
(9) NOTWITHSTANDING SECTION 2840-D OF THE ACT OF APRIL
9, 1929 (P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE CODE
OF 1929, OR ANY OTHER PROVISION OF LAW OR REGULATION, THE
POLICIES AND PROCEDURES WHICH WILL BE ADOPTED, IMPLEMENTED
AND FOLLOWED TO ENSURE THAT INDIVIDUALS UNDER 21 YEARS OF AGE
WILL BE PROHIBITED FROM PARTICIPATING IN CASINO SIMULCASTING
OR ENTERING SIMULCASTING AREAS OF LICENSED FACILITIES.
(10) ANY OTHER REQUIREMENTS, CONDITIONS OR CONTROLS
WHICH THE BOARD, IN CONSULTATION WITH THE COMMISSION, DEEMS
NECESSARY AND APPROPRIATE TO ADMINISTER AND ENFORCE THE
PROVISIONS OF THIS CHAPTER AND TO FACILITATE THE
IMPLEMENTATION OF THIS CHAPTER.
(B) UNIFORM REGULATION.--IN ADOPTING REGULATIONS UNDER THIS
CHAPTER, THE COMMISSION SHALL COOPERATE AND WORK WITH THE BOARD
TO DEVELOP UNIFORM REGULATIONS TO GOVERN THE OPERATION OF CASINO
SIMULCASTING IN THIS COMMONWEALTH. EXCEPT AS HEREIN PROVIDED,
THE PROVISIONS OF THIS CHAPTER AND ANY REGULATIONS PROMULGATED
UNDER THIS CHAPTER SHALL BE CONSIDERED AS ESTABLISHING UNIFORM
REQUIREMENTS AND REGULATIONS FOR CASINO SIMULCASTING AT LICENSED
FACILITIES IN THIS COMMONWEALTH.
(C) ADOPTION OF EXISTING REGULATIONS.--NOTWITHSTANDING
SUBSECTION (B) OR ANY OTHER LAW OR REGULATION TO THE CONTRARY,
THE PROVISIONS OF SECTION 2835-D OF THE ADMINISTRATIVE CODE OF
1929 AND ALL REGULATIONS AND SUPPLEMENTS THERETO OR REVISIONS
THEREOF ADOPTED BY THE COMMISSION UNDER SECTION 2835-D OF THE
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ADMINISTRATIVE CODE OF 1929, WHICH RELATE TO THE RETENTION OF
MONEY IN PARI-MUTUEL POOLS AND THE PARI-MUTUEL SYSTEM OF
WAGERING ON, BEFORE OR AFTER THE EFFECTIVE DATE OF THIS CHAPTER
ARE ADOPTED AS REGULATIONS UNDER THIS CHAPTER AND SHALL REMAIN
IN EFFECT UNLESS SUBSEQUENTLY MODIFIED OR SUPERSEDED BY
REGULATIONS PROMULGATED BY THE COMMISSION.
§ 13F07. TEMPORARY REGULATIONS.
(A) PROMULGATION.--IN ORDER TO FACILITATE THE PROMPT
IMPLEMENTATION OF THIS CHAPTER, REGULATIONS PROMULGATED BY THE
BOARD SHALL BE DEEMED TEMPORARY REGULATIONS WHICH SHALL EXPIRE
NOT LATER THAN TWO YEARS FOLLOWING THE PUBLICATION OF THE
TEMPORARY REGULATION. THE BOARD MAY PROMULGATE TEMPORARY
REGULATIONS NOT SUBJECT TO:
(1) SECTIONS 201, 202, 203, 204 AND 205 OF THE ACT OF
JULY 31, 1968 (P.L.769, NO.240), REFERRED TO AS THE
COMMONWEALTH DOCUMENTS LAW.
(2) SECTIONS 204(B) AND 301(10) OF THE ACT OF OCTOBER
15, 1980 (P.L.950, NO.164), KNOWN AS THE COMMONWEALTH
ATTORNEYS ACT.
(3) THE ACT OF JUNE 25, 1982 (P.L.633, NO.181), KNOWN AS
THE REGULATORY REVIEW ACT.
(B) EXPIRATION.--THE AUTHORITY TO ADOPT TEMPORARY
REGULATIONS UNDER SUBSECTION (A) SHALL EXPIRE TWO YEARS AFTER
THE EFFECTIVE DATE OF THIS SECTION. REGULATIONS ADOPTED BY THE
BOARD AND COMMISSION AFTER THE TWO-YEAR PERIOD SHALL BE
PROMULGATED AS PROVIDED BY LAW.
(C) PUBLICATION OF TEMPORARY REGULATIONS.--THE BOARD AND THE
COMMISSION SHALL BEGIN PUBLISHING TEMPORARY REGULATIONS
GOVERNING CASINO SIMULCASTING IN THE PENNSYLVANIA BULLETIN NO
LATER THAN FEBRUARY 1, 2016.
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§ 13F08. SIMULCAST AGREEMENTS.
(A) MANNER OF AGREEMENT.--ANY AGREEMENT ENTERED INTO BETWEEN
A LICENSED GAMING ENTITY AND A LICENSED RACING ENTITY OR OTHER
PERSON TO FACILITATE CASINO SIMULCASTING SHALL BE IN WRITING AND
SHALL BE FILED WITH AND APPROVED BY THE BOARD AND THE COMMISSION
IN ACCORDANCE WITH REGULATIONS PROMULGATED BY THE BOARD IN
CONSULTATION WITH THE COMMISSION.
(B) WAGER PROVISIONS.--NOTWITHSTANDING SECTION 2834-D OR
2835-D OF THE ACT OF APRIL 9, 1929 (P.L.177, NO.175), KNOWN AS
THE ADMINISTRATIVE CODE OF 1929, THE FOLLOWING SHALL APPLY:
(1) IF A LICENSED GAMING ENTITY OFFERS CASINO
SIMULCASTING AT ITS LICENSED FACILITY THROUGH AN AGREEMENT
WITH A LICENSED RACING ENTITY, THE AGREEMENT SHALL SPECIFY
THE PERCENTAGE OF THE MONEY WAGERED EACH RACING DAY AT THE
CASINO SIMULCASTING FACILITY AND REMAINING IN THE WAGERING
POOLS AFTER THE REQUIRED DISTRIBUTIONS UNDER SECTION 2834-D
OF THE ADMINISTRATIVE CODE OF 1929, THAT WILL BE PAID TO THE
LICENSED GAMING ENTITY. THE AMOUNT RETAINED BY A LICENSED
GAMING ENTITY SHALL NOT EXCEED 25% OF THE MONEY RETAINED BY
THE LICENSED RACING ENTITY UNDER SECTION 2835-D OF THE
ADMINISTRATIVE CODE OF 1929 .
(2) IF A LICENSED GAMING ENTITY CHOOSES TO OFFER CASINO
SIMULCASTING THROUGH ITS OWN RESOURCES OR THROUGH AN
AGREEMENT WITH ANOTHER PERSON, AS APPROVED BY THE BOARD AND
THE COMMISSION, THE BOARD, IN CONSULTATION WITH THE
COMMISSION , SHALL, THROUGH REGULATION, ESTABLISH THE
PERCENTAGE OF MONEY WAGERED EACH RACING DAY AT THE CASINO
SIMULCASTING FACILITY AND REMAINING IN THE WAGERING POOLS
AFTER THE REQUIRED DISTRIBUTIONS UNDER SECTION 2834-D OF THE
ADMINISTRATIVE CODE OF 1929 THAT WILL BE PAID TO THE LICENSED
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GAMING ENTITY OR OTHER PERSON, PROVIDED THAT THE PERCENTAGE
OF MONEY TO BE PAID TO A LICENSED GAMING ENTITY OR OTHER
PERSON UNDER THIS PARAGRAPH SHALL BE, IF DETERMINED
APPROPRIATE BY THE BOARD AND THE COMMISSION, THE SAME
PERCENTAGE OF MONEY REMAINING IN THE WAGERING POOLS THAT IS
RETAINED BY A LICENSED RACING ENTITY IN ACCORDANCE WITH
SECTION 2835-D OF THE ADMINISTRATIVE CODE OF 1929 .
(C) REGULATIONS.--THE BOARD, IN CONSULTATION WITH THE
COMMISSION , SHALL ESTABLISH REGULATIONS TO ADMINISTER THE
RETENTION REQUIREMENTS UNDER THIS SECTION.
SUBCHAPTER C
APPLICATION AND ISSUANCE OF PERMIT AND
ESTABLISHMENT OF SIMULCASTING FACILITY
SEC.
13F11. APPLICATION FOR PERMIT AND REQUIREMENTS.
13F12. CASINO SIMULCASTING PERMIT.
13F13. CASINO SIMULCASTING FACILITIES.
13F14. LICENSE OR REGISTRATION OF EMPLOYEES REQUIRED.
13F15. KEY EMPLOYEES AND OCCUPATION PERMITS.
§ 13F11. APPLICATION FOR PERMIT AND REQUIREMENTS.
(A) APPLICATIONS.--A LICENSED GAMING ENTITY SHALL FILE AN
APPLICATION FOR A CASINO SIMULCASTING PERMIT WITH THE BOARD. THE
APPLICATION SHALL INCLUDE THE FOLLOWING:
(1) THE NAME, BUSINESS ADDRESS AND CONTACT INFORMATION
OF THE APPLICANT.
(2) THE NAME AND LOCATION OF THE APPLICANT'S LICENSED
FACILITY.
(3) THE NAME AND BUSINESS ADDRESS, JOB TITLE AND A
PHOTOGRAPH OF EACH PRINCIPAL AND KEY EMPLOYEE OF THE
APPLICANT WHO WILL BE INVOLVED IN THE CONDUCT OF CASINO
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SIMULCASTING AND WHO IS NOT CURRENTLY LICENSED BY THE BOARD
OR THE COMMISSION, IF KNOWN.
(4) THE ESTIMATED NUMBER OF FULL-TIME AND PART-TIME
EMPLOYMENT POSITIONS THAT WILL BE CREATED AT THE LICENSED
FACILITY IF CASINO SIMULCASTING IS AUTHORIZED AND AN UPDATED
HIRING PLAN UNDER SECTION 1510(A) (RELATING TO LABOR HIRING
PREFERENCES) WHICH OUTLINES THE APPLICANT'S PLAN TO PROMOTE
THE REPRESENTATION OF DIVERSE GROUPS AND COMMONWEALTH
RESIDENTS IN THE EMPLOYMENT POSITIONS.
(5) A BRIEF DESCRIPTION OF THE ECONOMIC BENEFITS
EXPECTED TO BE REALIZED BY THE COMMONWEALTH, THE DEPARTMENT
OF AGRICULTURE AND THE RACE HORSE INDUSTRY IN THIS
COMMONWEALTH IF CASINO SIMULCASTING IS AUTHORIZED AT THE
APPLICANT'S LICENSED FACILITY.
(6) THE DETAILS OF ANY FINANCING, IF APPLICABLE,
OBTAINED OR THAT WILL BE OBTAINED TO FUND AN EXPANSION OR
MODIFICATION OF THE LICENSED FACILITY TO ACCOMMODATE CASINO
SIMULCASTING OR CONSTRUCT A SIMULCASTING FACILITY OR TO
OTHERWISE FUND THE COST OF COMMENCING CASINO SIMULCASTING
OPERATIONS.
(7) INFORMATION AND DOCUMENTATION CONCERNING FINANCIAL
BACKGROUND AND RESOURCES, AS THE BOARD MAY REQUIRE, TO
ESTABLISH BY CLEAR AND CONVINCING EVIDENCE THE FINANCIAL
STABILITY, INTEGRITY AND RESPONSIBILITY OF THE APPLICANT.
(8) A COPY OF OR A DETAILED DESCRIPTION OF THE TERMS AND
CONDITIONS OF ANY AGREEMENT OR AGREEMENTS THE LICENSED GAMING
ENTITY HAS ENTERED INTO OR WILL ENTER INTO WITH A LICENSED
CORPORATION OR OTHER PERSON TO FACILITATE THE CONDUCT OF
CASINO SIMULCASTING.
(9) A DETAILED DESCRIPTION OF ANY FINANCIAL ARRANGEMENTS
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BETWEEN A LICENSED GAMING ENTITY AND A LICENSED RACING ENTITY
OR OTHER PERSON RELATED TO THE CONDUCT OF CASINO
SIMULCASTING.
(10) DETAILED SITE AND ARCHITECTURAL PLANS OF THE
PROPOSED SIMULCASTING FACILITY WITHIN THE APPLICANT'S
LICENSED FACILITY.
(11) ANY OTHER INFORMATION AS THE BOARD MAY REQUIRE.
(B) REVIEW AND APPROVAL OF APPLICATION.--THE BOARD SHALL
REVIEW AND APPROVE AN APPLICATION FOR A SIMULCASTING PERMIT IF
THE APPLICANT ESTABLISHES, BY CLEAR AND CONVINCING EVIDENCE, ALL
OF THE FOLLOWING:
(1) THE APPLICANT'S SLOT MACHINE LICENSE IS IN GOOD
STANDING WITH THE BOARD.
(2) THE CONDUCT OF CASINO SIMULCASTING AT THE
APPLICANT'S LICENSED FACILITY WILL HAVE A POSITIVE ECONOMIC
IMPACT ON THE COMMONWEALTH AND THE RACE HORSE INDUSTRY IN
THIS COMMONWEALTH THROUGH INCREASED REVENUES, INCREASED
PURSES AND EMPLOYMENT OPPORTUNITIES.
(3) THE APPLICANT POSSESSES ADEQUATE FUNDS OR HAS
SECURED ADEQUATE FINANCING TO:
(I) FUND ANY NECESSARY EXPANSION OR MODIFICATION OF
THE APPLICANT'S LICENSED FACILITY OR TO CONSTRUCT A
SIMULCASTING FACILITY TO ACCOMMODATE THE CONDUCT OF
CASINO SIMULCASTING.
(II) PAY THE COSTS OF ESTABLISHING, MAINTAINING AND
OPERATING THE SIMULCASTING FACILITY.
(III) COMMENCE CASINO SIMULCASTING OPERATIONS.
(4) THE APPLICANT HAS ENTERED INTO OR WILL ENTER INTO AN
AGREEMENT WITH A LICENSED RACING ENTITY OR OTHER PERSON TO
MANAGE OR OPERATE CASINO SIMULCASTING OPERATIONS, AND THE
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AGREEMENT HAS BEEN APPROVED BY THE COMMISSION.
(5) THE APPLICANT HAS THE EXPERTISE TO MANAGE CASINO
SIMULCASTING.
(6) THE APPLICANT HAS THE FINANCIAL STABILITY, INTEGRITY
AND RESPONSIBILITY TO CONDUCT CASINO SIMULCASTING.
(7) THE APPLICANT HAS SUFFICIENT BUSINESS ABILITY AND
EXPERIENCE TO CREATE AND MAINTAIN A SUCCESSFUL CASINO
SIMULCASTING OPERATION.
(8) THE APPLICANT'S PROPOSED INTERNAL AND EXTERNAL
SECURITY CONTROLS AND PROPOSED SURVEILLANCE MEASURES WITHIN
THE AREA OF THE LICENSED FACILITY WHERE THE APPLICANT SEEKS
TO CONDUCT CASINO SIMULCASTING ARE ADEQUATE.
(C) CONFIDENTIALITY.--INFORMATION SUBMITTED TO THE BOARD
UNDER SUBSECTION (A)(6), (7) AND (8) MAY BE CONSIDERED
CONFIDENTIAL BY THE BOARD IF THE INFORMATION WOULD BE
CONFIDENTIAL UNDER SECTION 1206(F) (RELATING TO BOARD MINUTES
AND RECORDS).
§ 13F12. CASINO SIMULCASTING PERMIT.
(A) ISSUANCE OF PERMIT.--UPON REVIEW AND APPROVAL OF AN
APPLICATION SUBMITTED TO THE BOARD IN ACCORDANCE WITH SECTION
13F11 (RELATING TO APPLICATION FOR PERMIT AND REQUIREMENTS), THE
BOARD SHALL ISSUE A CASINO SIMULCASTING PERMIT TO THE APPLICANT.
(B) CONTENT OF PERMIT.--
(1) A CASINO SIMULCASTING PERMIT SHALL INCLUDE A LIST OF
THE HORSE RACE MEETINGS WHICH ARE PROPOSED TO BE SIMULCAST BY
THE CASINO SIMULCASTING PERMIT HOLDER AT ITS SIMULCASTING
FACILITY, INCLUDING THE NAMES AND LOCATIONS OF THE IN-STATE
SENDING RACETRACKS AND OUT-OF-STATE SENDING RACETRACKS, AND
THE START DATE AND EXPIRATION DATE OF ANY AGREEMENT OR
AGREEMENTS THE PERMIT HOLDER HAS ENTERED INTO OR WILL ENTER
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INTO WITH A LICENSED RACING ENTITY OR OTHER PERSON FOR THE
OPERATION OF CASINO SIMULCASTING.
(2) A CASINO SIMULCASTING PERMIT HOLDER SHALL BE
REQUIRED TO UPDATE THE INITIAL CASINO SIMULCASTING
APPLICATION AT TIMES PRESCRIBED BY THE BOARD, IN CONSULTATION
WITH THE COMMISSION.
§ 13F13. CASINO SIMULCASTING FACILITIES.
(A) ESTABLISHMENT OF SIMULCASTING FACILITY.--A LICENSED
GAMING ENTITY APPROVED FOR AND ISSUED A PERMIT TO OPERATE CASINO
SIMULCASTING UNDER THIS CHAPTER SHALL ESTABLISH A SIMULCASTING
FACILITY AS PART OF ITS LICENSED FACILITY. THE SIMULCASTING
FACILITY MAY BE ADJACENT TO, BUT SHALL NOT BE PART OF, ANY ROOM
OR LOCATION IN WHICH SLOT MACHINES OR TABLE GAMES ARE OPERATED
OR CONDUCTED IN ACCORDANCE WITH THE PROVISIONS OF THIS PART. THE
FOLLOWING SHALL APPLY:
(1) THE SIMULCASTING FACILITY SHALL CONFORM TO ALL
REQUIREMENTS CONCERNING SQUARE FOOTAGE, EQUIPMENT, SECURITY
MEASURES AND RELATED MATTERS WHICH THE BOARD, IN CONSULTATION
WITH THE COMMISSION, SHALL BY REGULATION PRESCRIBE.
(2) THE SPACE OR AREA REQUIRED FOR THE ESTABLISHMENT OF
A SIMULCASTING FACILITY SHALL NOT BE USED TO DECREASE THE
NUMBER OF SLOT MACHINES OR TABLE GAMES IN OPERATION AT THE
LICENSED FACILITY OR TO REDUCE THE SPACE APPROVED BY THE
BOARD FOR THE OPERATION OF SLOT MACHINES AND THE CONDUCT OF
TABLE GAMES.
(3) THE COST OF ESTABLISHING, MAINTAINING AND OPERATING
A SIMULCASTING FACILITY SHALL BE THE SOLE RESPONSIBILITY OF
THE LICENSED GAMING ENTITY.
(B) VIDEO DISPLAY MONITORS.--NOTWITHSTANDING ARTICLE XXVIII-
D OF THE ACT OF APRIL 9, 1929 (P.L.177, NO.175), KNOWN AS THE
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ADMINISTRATIVE CODE OF 1929, OR REGULATIONS PROMULGATED PURSUANT
TO ARTICLE XXVIII-D , THE REGULATIONS PROMULGATED BY THE BOARD
SHALL PROVIDE FOR THE INSTALLATION OF VIDEO DISPLAY TECHNOLOGY
IN APPROVED AREAS OF LICENSED FACILITIES TO DELIVER SIMULCAST
HORSE RACE MEETINGS TO PATRONS VIA VIDEO WALLS AND OTHER SUCH
INNOVATIVE VIDEO DISPLAY TECHNOLOGY. THE BOARD MAY COLLABORATE
WITH THE COMMISSION IN DEVELOPING REGULATIONS TO GOVERN THE
INSTALLATION AND OPERATION OF VIDEO DISPLAY MONITORS IN
ACCORDANCE WITH THIS SUBSECTION.
§ 13F14. LICENSE OR REGISTRATION OF EMPLOYEES REQUIRED.
EXCEPT AS PROVIDED IN THIS PART, ALL PERSONS ENGAGED DIRECTLY
IN WAGERING-RELATED ACTIVITIES AT A SIMULCASTING FACILITY,
WHETHER EMPLOYED BY THE LICENSED GAMING ENTITY, LICENSED RACING
ENTITY OR BY A PERSON OR ENTITY CONDUCTING CASINO SIMULCASTING
IN THE SIMULCASTING FACILITY UNDER AN AGREEMENT WITH THE
LICENSED GAMING ENTITY AND ALL OTHER EMPLOYEES OF THE LICENSED
GAMING ENTITY, LICENSED RACING ENTITY OR OF THE PERSON OR ENTITY
CONDUCTING CASINO SIMULCASTING WHO WORK OR WILL WORK IN THE
SIMULCASTING FACILITY, SHALL BE LICENSED OR REGISTERED IN
ACCORDANCE WITH REGULATIONS PROMULGATED BY THE BOARD IN
COLLABORATION WITH THE COMMISSION .
§ 13F15. KEY EMPLOYEES AND OCCUPATION PERMITS.
NOTHING IN THIS SUBCHAPTER SHALL BE CONSTRUED TO REQUIRE ANY
INDIVIDUAL WHO HOLDS A PRINCIPAL LICENSE, A KEY EMPLOYEE LICENSE
OR GAMING EMPLOYEE LICENSE UNDER CHAPTERS 13 (RELATING TO
LICENSEES) AND 13A (RELATING TO TABLE GAMES) OR WHO HOLDS A
LICENSE UNDER ARTICLE XXVIII-D OF THE ACT OF APRIL 9, 1929
(P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF 1929, TO
OBTAIN A SEPARATE LICENSE, PERMIT OR REGISTRATION TO BE EMPLOYED
IN A CASINO SIMULCASTING PERMIT HOLDER'S CASINO SIMULCASTING
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OPERATION AUTHORIZED UNDER THIS CHAPTER, IF THE BOARD, IN
CONSULTATION WITH THE COMMISSION, DETERMINES THAT LICENSURE
UNDER THE PROVISIONS OF THIS PART OR ARTICLE XXVIII-D OF THE
ADMINISTRATIVE CODE OF 1929, IS SUFFICIENT AND WILL NOT
COMPROMISE THE INTEGRITY OF CASINO SIMULCASTING.
SUBCHAPTER D
CONDUCT OF CASINO SIMULCASTING
SEC.
13F31. CONDUCT OF CASINO SIMULCASTING.
13F32. TRANSMISSION OF LIVE RACES.
13F33. ACCOUNTING CONTROLS AND AUDIT PROTOCOLS.
13F34. CONDITION OF CONTINUED OPERATION.
13F35. APPLICATION OF LIQUOR CODE.
§ 13F31. CONDUCT OF CASINO SIMULCASTING.
(A) WAGERING.--WAGERING ON SIMULCAST HORSE RACES SHALL BE
CONDUCTED ONLY IN THE SIMULCASTING FACILITY.
(B) REQUIRED SECURITY.--
(1) THE SECURITY MEASURES FOR A SIMULCASTING FACILITY
SHALL INCLUDE, BUT MAY NOT BE LIMITED TO, THE INSTALLATION BY
THE LICENSED GAMING ENTITY OF A CLOSED-CIRCUIT TELEVISION
SYSTEM ACCORDING TO SPECIFICATIONS PROMULGATED BY THE BOARD,
IN CONSULTATION WITH THE COMMISSION .
(2) THE BOARD AND THE COMMISSION SHALL HAVE ACCESS TO
THE SIMULCAST SYSTEM OR ITS SIGNAL IN ACCORDANCE WITH
REGULATIONS PROMULGATED BY THE BOARD, IN CONSULTATION WITH
THE COMMISSION .
§ 13F32. TRANSMISSION OF LIVE RACES.
THE FOLLOWING SHALL APPLY:
(1) A LICENSED RACING ENTITY WHICH OPERATES INTERSTATE
OR INTERNATIONAL SIMULCASTING OF HORSE RACE MEETINGS IN THIS
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COMMONWEALTH SHALL HAVE DISCRETION TO TRANSMIT ALL OR SOME OF
THE LIVE RACES CONDUCTED AT THE RACETRACK TO THE LICENSED
FACILITY OF A LICENSED GAMING ENTITY WHICH HAS ESTABLISHED A
SIMULCASTING FACILITY UNDER THIS CHAPTER. ANY RACE WHICH IS
TRANSMITTED FROM AN IN-STATE SENDING TRACK SHALL BE
TRANSMITTED TO ALL LICENSED GAMING ENTITIES WHICH HAVE
ESTABLISHED SIMULCASTING FACILITIES.
(2) A LICENSED GAMING ENTITY WHICH ESTABLISHES A
SIMULCASTING FACILITY AND CONDUCTS CASINO SIMULCASTING IN
ACCORDANCE WITH THIS CHAPTER SHALL, AS A CONDITION OF
CONTINUED OPERATION OF CASINO SIMULCASTING, RECEIVE ALL LIVE
RACES WHICH ARE TRANSMITTED BY IN-STATE SENDING TRACKS.
§ 13F33. ACCOUNTING CONTROLS AND AUDIT PROTOCOLS.
(A) APPROVAL.--PRIOR TO THE COMMENCEMENT OF CASINO
SIMULCASTING, A CASINO SIMULCASTING PERMIT HOLDER SHALL SUBMIT
TO THE BOARD FOR APPROVAL ALL PROPOSED SITE AND ARCHITECTURAL
PLANS, INTERNAL CONTROL SYSTEMS AND AUDIT PROTOCOLS FOR THE
PERMIT HOLDER'S CASINO SIMULCASTING OPERATIONS.
(B) MINIMUM REQUIREMENTS.--A CASINO SIMULCASTING PERMIT
HOLDER'S INTERNAL CONTROLS AND AUDIT PROTOCOLS SHALL:
(1) PROVIDE FOR RELIABLE RECORDS, ACCOUNTS AND REPORTS
OF ANY FINANCIAL EVENT THAT OCCURS IN THE CONDUCT OF CASINO
SIMULCASTING, INCLUDING REPORTS TO THE BOARD AND COMMISSION
RELATED TO CASINO SIMULCASTING, AS MAY BE REQUIRED BY
REGULATION OF THE BOARD, IN CONSULTATION WITH THE COMMISSION .
(2) PROVIDE FOR ACCURATE AND RELIABLE FINANCIAL RECORDS
RELATED TO THE CONDUCT OF CASINO SIMULCASTING AND THE PARI-
MUTUEL SYSTEM OF WAGERING.
(3) ESTABLISH PROCEDURES AND SECURITY FOR THE COUNTING,
RECORDING AND STORAGE OF MONEY GENERATED FROM THE CONDUCT OF
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(4) ESTABLISH PROCEDURES AND SECURITY STANDARDS FOR THE
MAINTENANCE OF TELECOMMUNICATIONS EQUIPMENT AND VIDEO DISPLAY
TECHNOLOGY USED IN CONNECTION WITH THE CONDUCT OF CASINO
SIMULCASTING.
(5) ESTABLISH PROCEDURES AND RULES TO GOVERN THE CONDUCT
OF CASINO SIMULCASTING AND THE RESPONSIBILITY OF EMPLOYEES
RELATED TO CASINO SIMULCASTING.
(6) ESTABLISH PROCEDURES FOR THE COLLECTION, RECORDING
AND DEPOSIT OF REVENUE FROM THE CONDUCT OF CASINO
SIMULCASTING, INCLUDING THE ROLES OF THE COMMISSION , THE
DEPARTMENT, LICENSED RACING ENTITIES AND LICENSED GAMING
ENTITIES IN THE COLLECTION AND RECORDING OF THE REVENUE.
(7) ENSURE THAT THE SYSTEM OF PARI-MUTUEL WAGERING USED
IN THE CONDUCT OF CASINO SIMULCASTING IS IN ACCORDANCE WITH
ARTICLE XXVIII-D OF THE ACT OF APRIL 9, 1929 (P.L.177,
NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF 1929, AND
REGULATIONS OF THE COMMISSION PROMULGATED UNDER THE
ADMINISTRATIVE CODE OF 1929 .
(8) ENSURE, IN CONSULTATION WITH THE COMMISSION, THE
PROPER AND TIMELY ACCOUNTING FOR AND RETENTION OF PERCENTAGES
FOR PARI-MUTUEL POOLS AND THE PROPER AND TIMELY DISTRIBUTION
OF MONEY IN ANY PARI-MUTUEL POOL GENERATED FROM CASINO
SIMULCASTING.
(9) ENSURE THAT ALL FUNCTIONS, DUTIES AND
RESPONSIBILITIES RELATED TO CASINO SIMULCASTING ARE
APPROPRIATELY SEGREGATED AND PERFORMED IN ACCORDANCE WITH
SOUND FINANCIAL PRACTICES BY QUALIFIED EMPLOYEES.
(10) PERMIT USE OF ITS CASINO SIMULCASTING FACILITY BY
THE BOARD, THE BUREAU, THE COMMISSION AND OTHER PERSONS
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AUTHORIZED UNDER THIS PART OR BY THE BOARD AND THE COMMISSION
TO FACILITATE THEIR ABILITY TO PERFORM REGULATORY AND
OVERSIGHT FUNCTIONS UNDER THIS CHAPTER.
(C) SUBMISSION TO BOARD.--THE SUBMISSION REQUIRED UNDER
SUBSECTION (A) SHALL INCLUDE A DETAILED DESCRIPTION OF THE
CASINO SIMULCASTING PERMIT HOLDER'S ADMINISTRATIVE AND
ACCOUNTING PROCEDURES RELATED TO CASINO SIMULCASTING, INCLUDING
ITS WRITTEN SYSTEM OF INTERNAL CONTROLS. EACH WRITTEN SYSTEM OF
INTERNAL CONTROLS SHALL INCLUDE:
(1) AN ORGANIZATIONAL CHART DEPICTING APPROPRIATE
FUNCTIONS AND RESPONSIBILITIES OF EMPLOYEES INVOLVED IN
CASINO SIMULCASTING.
(2) A DESCRIPTION OF THE DUTIES AND RESPONSIBILITIES OF
EACH POSITION SHOWN ON THE ORGANIZATIONAL CHART.
(3) THE RECORD RETENTION POLICY OF THE PERMIT HOLDER.
(4) THE PROCEDURE TO BE UTILIZED TO ENSURE THAT MONEY
GENERATED FROM THE CONDUCT OF CASINO SIMULCASTING IS
SAFEGUARDED, INCLUDING MANDATORY COUNTING AND RECORDING
PROCEDURES.
(5) A STATEMENT SIGNED BY THE CASINO SIMULCASTING PERMIT
HOLDER'S CHIEF FINANCIAL OFFICER OR OTHER COMPETENT PERSON
ATTESTING THAT THE SIGNATORY BELIEVES, IN GOOD FAITH, THAT
THE SYSTEM SATISFIES THE REQUIREMENTS OF THIS SECTION.
(D) REVIEW.--PRIOR TO AUTHORIZING A PERMIT HOLDER TO CONDUCT
CASINO SIMULCASTING, THE BOARD, IN CONSULTATION WITH THE
COMMISSION , SHALL REVIEW THE SYSTEM OF INTERNAL CONTROLS
SUBMITTED UNDER SUBSECTION (C) TO DETERMINE WHETHER IT CONFORMS
TO THE REQUIREMENTS OF THIS SUBCHAPTER AND WHETHER IT PROVIDES
ADEQUATE AND EFFECTIVE CONTROLS FOR THE CONDUCT OF CASINO
SIMULCASTING.
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(E) LICENSE OR REGISTRATION OF EMPLOYEES REQUIRED.--EXCEPT
AS PROVIDED IN SECTION 13F15 (RELATING TO KEY EMPLOYEES AND
OCCUPATION PERMITS), PERSONS ENGAGED DIRECTLY IN WAGERING-
RELATED ACTIVITIES AT A SIMULCASTING FACILITY, WHETHER EMPLOYED
BY THE LICENSED GAMING ENTITY, A LICENSED RACING ENTITY OR BY A
PERSON OR ENTITY CONDUCTING CASINO SIMULCASTING UNDER AN
AGREEMENT WITH THE LICENSED GAMING ENTITY, LICENSED RACING
ENTITY AND ALL OTHER EMPLOYEES OF THE LICENSED GAMING ENTITY OR
OF THE PERSON OR ENTITY CONDUCTING CASINO SIMULCASTING WHO WORK
OR WILL WORK IN THE SIMULCASTING FACILITY SHALL BE LICENSED OR
REGISTERED IN ACCORDANCE WITH REGULATIONS PROMULGATED BY THE
BOARD IN COLLABORATION WITH THE COMMISSION .
§ 13F34. CONDITION OF CONTINUED OPERATION.
AS A CONDITION OF CONTINUED OPERATION, A CASINO SIMULCASTING
PERMIT HOLDER SHALL AGREE TO MAINTAIN ALL BOOKS, RECORDS AND
DOCUMENTS PERTAINING TO CASINO SIMULCASTING IN A MANNER AND
LOCATION WITHIN THIS COMMONWEALTH AS APPROVED BY THE BOARD, IN
CONSULTATION WITH THE COMMISSION. ALL BOOKS, RECORDS AND
DOCUMENTS RELATED TO CASINO SIMULCASTING SHALL:
(1) BE ORGANIZED IN A MANNER TO CLEARLY DEPICT BY
SEPARATE RECORD THE TOTAL AMOUNT OF MONEY CONTRIBUTED TO
EVERY PARI-MUTUEL POOL IN ACCORDANCE WITH THE APPLICABLE
PROVISIONS OF ARTICLE XXVIII-D OF THE ACT OF APRIL 9, 1929
(P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF 1929,
AND ANY REGULATION PROMULGATED UNDER ARTICLE XXVIII-D OF THE
ADMINISTRATIVE CODE OF 1929 .
(2) BE SEGREGATED BY SEPARATE ACCOUNTS WITHIN THE
LICENSED GAMING ENTITY'S BOOKS, RECORDS AND DOCUMENTS, EXCEPT
FOR ANY BOOKS, RECORDS OR DOCUMENTS THAT ARE COMMON TO SLOT
MACHINE OPERATIONS, TABLE GAME OPERATIONS AND CASINO
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SIMULCASTING, AS DETERMINED BY THE BOARD IN CONSULTATION WITH
THE COMMISSION.
(3) BE IMMEDIATELY AVAILABLE FOR INSPECTION UPON REQUEST
OF THE BOARD, THE COMMISSION, THE BUREAU, THE DEPARTMENT, THE
PENNSYLVANIA STATE POLICE OR THE ATTORNEY GENERAL, OR AGENTS
THEREOF, DURING ALL HOURS OF OPERATION OF THE PERMIT HOLDER'S
SIMULCASTING FACILITY IN ACCORDANCE WITH REGULATIONS
PROMULGATED BY THE BOARD IN CONSULTATION WITH THE COMMISSION .
(4) BE MAINTAINED FOR A SPECIFIC PERIOD OF TIME AS THE
BOARD, IN CONSULTATION WITH THE COMMISSION , BY REGULATION,
MAY REQUIRE.
§ 13F35. APPLICATION OF LIQUOR CODE.
THE PROVISIONS OF SECTION 493(24)(II) OF THE ACT OF APRIL 12,
1951 (P.L.90, NO.21), KNOWN AS THE LIQUOR CODE, SHALL ALSO APPLY
TO CASINO SIMULCASTING.
SUBCHAPTER E
FEES AND TAXES
SEC.
13F41. CASINO SIMULCASTING AUTHORIZATION FEE.
13F42. RETENTION AND DISTRIBUTION OF MONEY AND PARI-MUTUEL
POOLS.
13F43. CASINO SIMULCASTING TAXES.
13F44. CONSTRUCTION.
§ 13F41. CASINO SIMULCASTING AUTHORIZATION FEE.
A CASINO SIMULCASTING PERMIT SHALL NOT BE SUBJECT TO THE
PAYMENT OF AN AUTHORIZATION FEE, RENEWAL OR A RENEWAL FEE OR THE
PAYMENT OF AN ADDITIONAL PERMIT FEE.
§ 13F42. RETENTION AND DISTRIBUTION OF MONEY AND PARI-MUTUEL
POOLS.
(A) WAGERS INCLUDED IN PARI-MUTUEL POOLS.--
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(1) SUMS WAGERED AT A SIMULCASTING FACILITY ON THE
RESULTS OF A SIMULCAST HORSE RACE SHALL BE INCLUDED IN THE
APPROPRIATE PARI-MUTUEL POOL GENERATED FOR THE RACE BEING
TRANSMITTED IN ACCORDANCE WITH SECTION 2835-D OF THE
ADMINISTRATIVE CODE OF 1929 AND SHALL BE DISTRIBUTED IN
ACCORDANCE WITH SECTION 2835-D OF THE ADMINISTRATIVE CODE OF
1929 OR ANY REGULATIONS PROMULGATED UNDER SECTION 2835-D OF
THE ADMINISTRATIVE CODE OF 1929 . ALL REMAINING MONEY SHALL BE
PAID TO THE GENERAL FUND.
(2) PAYMENTS TO PERSONS HOLDING WINNING TICKETS AT A
LICENSED FACILITY SHALL BE MADE ACCORDING TO THE SAME ODDS AS
THOSE GENERATED AT THE IN-STATE SENDING TRACK.
(3) A PERSON PLACING A WAGER ON A SIMULCAST HORSE RACE
AT A SIMULCASTING FACILITY SHALL NOT BE CHARGED A FEE FOR
PLACING THE WAGER IN ADDITION TO THE AMOUNT WAGERED.
(B) COMPUTATION OF MONEY WAGERED.--ALL MONEY WAGERED BY
PLAYERS ON HORSE RACE MEETINGS AT A SIMULCASTING FACILITY SHALL
BE COMPUTED IN THE AMOUNT OF MONEY WAGERED EACH RACING DAY FOR
PURPOSES OF TAXATION UNDER SECTION 2834-D OF THE ADMINISTRATIVE
CODE OF 1929 , ALL THOROUGHBRED RACES SHALL BE CONSIDERED A PART
OF A THOROUGHBRED HORSE RACE MEETING AND ALL HARNESS RACES SHALL
BE CONSIDERED A PART OF A HARNESS HORSE RACE MEETING FOR
PURPOSES OF SECTION 2834-D OF THE ADMINISTRATIVE CODE OF 1929.
§ 13F43. CASINO SIMULCASTING TAXES.
(A) IMPOSITION.--
(1) ALL LICENSED GAMING ENTITIES THAT CONDUCT CASINO
SIMULCASTING SHALL PAY A TAX THROUGH THE DEPARTMENT FOR
CREDIT TO THE STATE RACING FUND.
(2) THE TAX IMPOSED ON ALL LICENSED GAMING ENTITIES
SHALL BE A PERCENTAGE TAX IN THE AMOUNT OF 2% OF THE AMOUNT
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WAGERED EACH RACING DAY ON CASINO SIMULCASTING AND SHALL BE
PAID FROM THE MONEY RETAINED BY THE LICENSED GAMING ENTITY.
THE TAX IMPOSED UNDER THIS PARAGRAPH SHALL BE PAID TO THE
DEPARTMENT ON A FORM AND IN THE MANNER PRESCRIBED BY THE
DEPARTMENT FOR DEPOSIT INTO THE STATE RACING FUND.
(3) THE CASINO SIMULCASTING TAX IMPOSED UNDER THIS
SECTION SHALL BE PAID TO THE DEPARTMENT BY THE CASINO
SIMULCASTING PERMIT HOLDER FOR DEPOSIT INTO THE STATE RACING
FUND.
(B) DEPOSITS AND DISTRIBUTIONS.--
(1) THE TAX IMPOSED UNDER SUBSECTION (A) SHALL BE
PAYABLE TO THE DEPARTMENT ON A WEEKLY BASIS AND SHALL BE
BASED UPON THE AMOUNTS RETAINED BY THE CASINO SIMULCASTING
PERMIT HOLDER FROM THE AMOUNT WAGERED ON CASINO SIMULCASTING
EACH RACING DAY DURING THE PREVIOUS WEEK.
(2) ALL MONEY OWED TO THE COMMONWEALTH UNDER THIS
SECTION SHALL BE HELD IN TRUST FOR THE COMMONWEALTH BY THE
PERMIT HOLDER UNTIL THE FUNDS ARE PAID TO THE DEPARTMENT.
UNLESS OTHERWISE AGREED TO BY THE BOARD, A CASINO
SIMULCASTING PERMIT HOLDER SHALL ESTABLISH A SEPARATE BANK
ACCOUNT INTO WHICH CASINO SIMULCASTING REVENUE SHALL BE
DEPOSITED AND MAINTAINED UNTIL SUCH TIME AS THE FUNDS ARE
PAID TO THE DEPARTMENT UNDER THIS SECTION.
§ 13F44. CONSTRUCTION.
NOTHING IN THIS CHAPTER AND SECTION 1207 (RELATING TO
REGULATORY AUTHORITY OF BOARD), AS IT RELATES TO SLOT MACHINES
AT NONPRIMARY LOCATIONS AND CASINO SIMULCASTING, SHALL BE
CONSTRUED TO ALTER, PREEMPT OR OTHERWISE IMPINGE THE AUTHORITY
OF THE COMMISSION PURSUANT TO ARTICLE XXVIII-D OF THE ACT OF
APRIL 9, 1929 (P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE
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CODE OF 1929 .
CHAPTER 13G
SPORTS WAGERING
SUBCHAPTER
A. GENERAL PROVISIONS
B. SPORTS WAGERING AUTHORIZED
C. CONDUCT OF SPORTS WAGERING
D. SPORTS WAGERING TAXES AND FEES
E. MISCELLANEOUS PROVISIONS
SUBCHAPTER A
GENERAL PROVISIONS
SEC.
13G01. DEFINITIONS.
13G02. REGULATORY AUTHORITY.
13G03. TEMPORARY SPORTS WAGERING REGULATIONS.
13G04. UNAUTHORIZED SPORTS WAGERING.
§ 13G01. DEFINITIONS.
THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
CONTEXT CLEARLY INDICATES OTHERWISE:
"CERTIFICATE HOLDER." A PERSON TO WHOM THE BOARD HAS AWARDED
A SPORTS WAGERING CERTIFICATE.
"GROSS SPORTS WAGERING REVENUE." THE TOTAL OF CASH OR CASH
EQUIVALENTS RECEIVED FROM SPORTS WAGERING MINUS THE TOTAL OF:
(1) CASH OR CASH EQUIVALENTS PAID TO PLAYERS AS A RESULT
OF SPORTS WAGERING.
(2) CASH OR CASH EQUIVALENTS PAID TO PURCHASE ANNUITIES
TO FUND PRIZES PAYABLE TO PLAYERS OVER A PERIOD OF TIME AS A
RESULT OF SPORTS WAGERING.
(3) THE ACTUAL COST PAID BY THE CERTIFICATE HOLDER FOR
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ANY PERSONAL PROPERTY DISTRIBUTED TO A PLAYER AS A RESULT OF
SPORTS WAGERING. THIS PARAGRAPH DOES NOT INCLUDE TRAVEL
EXPENSES, FOOD, REFRESHMENTS, LODGING OR SERVICES.
THE TERM DOES NOT INCLUDE COUNTERFEIT CASH OR CHIPS; COINS OR
CURRENCY OF OTHER COUNTRIES RECEIVED IN AS A RESULT OF SPORTS
WAGERING, EXCEPT TO THE EXTENT THAT THE COINS OR CURRENCY ARE
READILY CONVERTIBLE TO CASH; OR CASH TAKEN IN A FRAUDULENT ACT
PERPETRATED AGAINST A CERTIFICATE HOLDER FOR WHICH THE
CERTIFICATE HOLDER IS NOT REIMBURSED.
" SPORTING EVENTS." ANY PROFESSIONAL OR COLLEGIATE SPORTS OR
ATHLETIC EVENT, OR MOTOR RACE EVENT.
" SPORTS WAGERING." THE BUSINESS OF ACCEPTING WAGERS ON
SPORTING EVENTS OR ON THE INDIVIDUAL PERFORMANCE STATISTICS OF
ATHLETES IN A SPORTING EVENT OR COMBINATION OF SPORTING EVENTS
BY ANY SYSTEM OR METHOD OF WAGERING, INCLUDING, BUT NOT LIMITED
TO, EXCHANGE WAGERING, PARLAYS, OVER-UNDER, MONEYLINE, POOLS AND
STRAIGHT BETS. THE TERM DOES NOT INCLUDE:
(1) LOTTERY GAMES OF THE PENNSYLVANIA STATE LOTTERY AS
AUTHORIZED UNDER THE ACT OF AUGUST 26, 1971 (P.L.351, NO.91),
KNOWN AS THE STATE LOTTERY LAW.
(2) BINGO AS AUTHORIZED UNDER THE ACT OF JULY 10, 1981
(P.L.214, NO.67), KNOWN AS THE BINGO LAW.
(3) PARI-MUTUEL BETTING ON THE OUTCOME OF THOROUGHBRED
OR HARNESS HORSE RACING AS AUTHORIZED UNDER THE ACT OF
ARTICLE XXVIII-D OF THE ACT OF APRIL 9, 1929 (P.L.177,
NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF 1929.
(4) SMALL GAMES OF CHANCE AS AUTHORIZED UNDER THE ACT OF
DECEMBER 19, 1988 (P.L.1262, NO.156), KNOWN AS THE LOCAL
OPTION SMALL GAMES OF CHANCE ACT.
(5) SLOT MACHINE GAMING AND PROGRESSIVE SLOT MACHINE
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GAMING AS DEFINED AND AUTHORIZED UNDER THIS PART.
(6) KENO.
(7) FANTASY CONTESTS AS AUTHORIZED UNDER CHAPTER 3
(RELATING TO FANTASY CONTESTS).
" SPORTS WAGERING CERTIFICATE." A CERTIFICATE AWARDED BY THE
BOARD UNDER THIS CHAPTER THAT AUTHORIZES A SLOT MACHINE LICENSEE
TO CONDUCT SPORTS WAGERING IN ACCORDANCE WITH THIS CHAPTER.
"SPORTS WAGERING DEVICE." THE TERM INCLUDES ANY MECHANICAL,
ELECTRICAL OR COMPUTERIZED CONTRIVANCE, TERMINAL, MACHINE OR
OTHER DEVICE, APPARATUS, EQUIPMENT OR SUPPLIES APPROVED BY THE
BOARD AND USED TO CONDUCT SPORTS WAGERING.
§ 13G02. REGULATORY AUTHORITY.
THE BOARD SHALL PROMULGATE REGULATIONS:
(1) ESTABLISHING STANDARDS AND PROCEDURES FOR SPORTS
WAGERING. THE STANDARDS AND PROCEDURES SHALL PROVIDE FOR THE
CONDUCT AND IMPLEMENTATION OF SPORTS WAGERING WITHIN LICENSED
FACILITIES, INCLUDING ANY NEW SPORTS WAGERING OR VARIATIONS
OR COMPOSITES OF APPROVED SPORTS WAGERING, PROVIDED THE BOARD
DETERMINES THAT THE NEW SPORTS WAGERING OR ANY VARIATIONS OR
COMPOSITES OR OTHER APPROVED SPORTS WAGERING ARE SUITABLE FOR
USE AFTER A TEST OR EXPERIMENTAL PERIOD UNDER THE TERMS AND
CONDITIONS AS THE BOARD MAY DEEM APPROPRIATE.
(2) ESTABLISHING STANDARDS AND RULES TO GOVERN THE
CONDUCT OF SPORTS WAGERING AND THE SYSTEM OF WAGERING,
INCLUDING THE MANNER IN WHICH WAGERS ARE RECEIVED AND PAYOUTS
ARE REMITTED AND POINT SPREADS, LINES AND ODDS ARE
DETERMINED. THE BOARD MAY ALSO ESTABLISH STANDARDS AND RULES
TO GOVERN THE CONDUCT OF SPORTS WAGERING AND THE SYSTEM OF
WAGERING AS A FORM OF INTERACTIVE GAMING AUTHORIZED BY THE
COMMONWEALTH.
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(3) ESTABLISHING THE METHOD FOR CALCULATING GROSS SPORTS
WAGERING REVENUE AND STANDARDS FOR THE DAILY COUNTING AND
RECORDING OF CASH AND CASH EQUIVALENTS RECEIVED IN THE
CONDUCT OF SPORTS WAGERING, INCLUDING THE CONDUCT OF SPORTS
WAGERING AND THE SYSTEM OF WAGERING AS A FORM OF INTERACTIVE
GAMING AUTHORIZED BY THE COMMONWEALTH, AND ENSURING THAT
INTERNAL CONTROLS ARE FOLLOWED, THE MAINTENANCE OF FINANCIAL
BOOKS AND RECORDS AND THE CONDUCT OF AUDITS. THE BOARD SHALL
CONSULT WITH THE DEPARTMENT IN ESTABLISHING THE REGULATIONS
UNDER THIS PARAGRAPH.
(4) ESTABLISHING NOTICE REQUIREMENTS PERTAINING TO
MINIMUM AND MAXIMUM WAGERS ON SPORTS WAGERING.
(5) ESTABLISHING COMPULSIVE AND PROBLEM GAMBLING
STANDARDS PERTAINING TO SPORTS WAGERING CONSISTENT WITH THIS
PART.
(6) ESTABLISHING STANDARDS PROHIBITING PERSONS UNDER 21
YEARS OF AGE FROM PARTICIPATING IN SPORTS WAGERING.
(7) PROVIDING INFORMATION PERTAINING TO SPORTS WAGERING
IN THE BOARD'S ANNUAL REPORT REQUIRED UNDER SECTION 1211(A.1)
(RELATING TO REPORTS OF BOARD).
(8) REQUIRING EACH CERTIFICATE HOLDER TO:
(I) PROVIDE WRITTEN INFORMATION ABOUT SPORTS
WAGERING RULES, PAYOUTS OR WINNING WAGERS AND OTHER
INFORMATION AS THE BOARD MAY REQUIRE.
(II) PROVIDE SPECIFICATIONS APPROVED BY THE BOARD
UNDER SECTION 1207(11) (RELATING TO REGULATORY AUTHORITY
OF BOARD) TO INTEGRATE AND UPDATE THE LICENSED FACILITY'S
SURVEILLANCE SYSTEM TO COVER ALL AREAS WHERE SPORTS
WAGERING IS CONDUCTED. THE SPECIFICATIONS SHALL INCLUDE
PROVISIONS PROVIDING THE BOARD AND OTHER PERSONS
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AUTHORIZED BY THE BOARD WITH ONSITE ACCESS TO THE SYSTEM
OR ITS SIGNAL.
(III) DESIGNATE ONE OR MORE LOCATIONS WITHIN THE
LICENSED FACILITY OF THE CERTIFICATE HOLDER TO CONDUCT
SPORTS WAGERING.
(IV) ENSURE THAT VISIBILITY IN THE LICENSED FACILITY
OF THE CERTIFICATE HOLDER IS NOT OBSTRUCTED IN ANY WAY
THAT COULD INTERFERE WITH THE ABILITY OF THE CERTIFICATE
HOLDER, THE BOARD AND OTHER PERSONS AUTHORIZED UNDER THIS
PART OR BY THE BOARD TO OVERSEE THE SURVEILLANCE OF THE
CONDUCT OF SPORTS WAGERING.
(V) INTEGRATE THE LICENSED FACILITY'S COUNT ROOM TO
ENSURE MAXIMUM SECURITY OF THE COUNTING AND STORAGE OF
CASH AND CASH EQUIVALENTS.
(VI) EQUIP EACH DESIGNATED LOCATION WITHIN THE
LICENSED FACILITY PROVIDING SPORTS WAGERING WITH A SIGN
INDICATING THE PERMISSIBLE SPORTS WAGERING MINIMUM AND
MAXIMUM WAGERS.
(VII) ENSURE THAT NO PERSON UNDER 21 YEARS OF AGE
PARTICIPATES IN SPORTS WAGERING.
§ 13G03. TEMPORARY SPORTS WAGERING REGULATIONS.
(A) PROMULGATION.--IN ORDER TO FACILITATE THE PROMPT
IMPLEMENTATION OF THIS CHAPTER, REGULATIONS PROMULGATED BY THE
BOARD SHALL BE DEEMED TEMPORARY REGULATIONS WHICH SHALL EXPIRE
NOT LATER THAN TWO YEARS FOLLOWING THE PUBLICATION OF THE
TEMPORARY REGULATION. THE BOARD MAY PROMULGATE TEMPORARY
REGULATIONS NOT SUBJECT TO:
(1) SECTIONS 201, 202, 203, 204 AND 205 OF THE ACT OF
JULY 31, 1968 (P.L.769, NO.240), REFERRED TO AS THE
COMMONWEALTH DOCUMENTS LAW.
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(2) THE ACT OF JUNE 25, 1982 (P.L.633, NO.181), KNOWN AS
THE REGULATORY REVIEW ACT.
(3) SECTIONS 204(B) AND 301(10) OF THE ACT OF OCTOBER
15, 1980 (P.L.950, NO.164), KNOWN AS THE COMMONWEALTH
ATTORNEYS ACT.
(B) EXPIRATION.--EXCEPT FOR TEMPORARY REGULATIONS GOVERNING
THE RULES OF NEW SPORTS WAGERING APPROVED BY THE BOARD, THE
BOARD'S AUTHORITY TO ADOPT TEMPORARY REGULATIONS UNDER
SUBSECTION (A) SHALL EXPIRE TWO YEARS AFTER THE EFFECTIVE DATE
OF THIS SECTION. REGULATIONS ADOPTED AFTER THIS PERIOD SHALL BE
PROMULGATED AS PROVIDED BY LAW.
§ 13G04. UNAUTHORIZED SPORTS WAGERING.
(A) OFFENSE DEFINED.--
(1) IT SHALL BE UNLAWFUL FOR ANY PERSON TO WILLFULLY AND
KNOWINGLY OPERATE, CARRY ON, OFFER OR EXPOSE FOR PLAY ANY
SPORTS WAGERING OR TO ACCEPT A BET OR WAGER ASSOCIATED WITH
SPORTS WAGERING FROM ANY PERSON PHYSICALLY LOCATED IN THIS
COMMONWEALTH AT THE TIME OF PLAY THAT IS NOT WITHIN THE SCOPE
OF A VALID AND CURRENT SPORTS WAGERING CERTIFICATE ISSUED BY
THE BOARD UNDER THIS CHAPTER OR BY ANOTHER STATE, TERRITORY
OR POSSESSION OF THE UNITED STATES WITH WHICH THE
COMMONWEALTH HAS A SPORTS WAGERING AGREEMENT.
(2) IT SHALL BE UNLAWFUL FOR ANY PERSON TO WILLFULLY AND
KNOWINGLY PROVIDE SERVICES WITH RESPECT TO ANY SPORTS
WAGERING OR BET OR WAGER SPECIFIED IN PARAGRAPH (1).
(B) GRADING OF OFFENSE.--A PERSON WHO VIOLATES SUBSECTION
(A) COMMITS A MISDEMEANOR OF THE FIRST DEGREE. FOR A SECOND OR
SUBSEQUENT VIOLATION OF SUBSECTION (A), A PERSON COMMITS A
FELONY OF THE SECOND DEGREE.
(C) PENALTIES.--
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(1) FOR A FIRST VIOLATION OF SUBSECTION (A), A PERSON
SHALL BE SENTENCED TO PAY A FINE OF:
(I) NOT LESS THAN $75,000 NOR MORE THAN $150,000, IF
THE PERSON IS AN INDIVIDUAL;
(II) NOT LESS THAN $150,000 NOR MORE THAN $300,000,
IF THE PERSON IS A LICENSED MANUFACTURER OR SUPPLIER; OR
(III) NOT LESS THAN $300,000 NOR MORE THAN $600,000,
IF THE PERSON IS A LICENSED GAMING ENTITY.
(2) FOR A SECOND OR SUBSEQUENT VIOLATION OF SUBSECTION
(A), A PERSON SHALL BE SENTENCED TO PAY A FINE OF:
(I) NOT LESS THAN $150,000 NOR MORE THAN $300,000,
IF THE PERSON IS AN INDIVIDUAL;
(II) NOT LESS THAN $300,000 NOR MORE THAN $600,000,
IF THE PERSON IS A LICENSED MANUFACTURER OR SUPPLIER; OR
(III) NOT LESS THAN $600,000 NOR MORE THAN
$1,200,000, IF THE PERSON IS A LICENSED GAMING ENTITY.
(D) FORFEITURE.--IF A PERSON ENGAGES IN SPORTS WAGERING FROM
A LOCATION IN WHICH THE ACTIVITY IS UNAUTHORIZED, THE PERSON
SHALL FORFEIT ALL ENTITLEMENT TO ANY WINNINGS AND THE MONEY
ASSOCIATED WITH ANY FORFEITED WINNINGS SHALL BE DEPOSITED INTO
THE COMPULSIVE AND PROBLEM GAMBLING TREATMENT FUND ESTABLISHED
UNDER SECTION 1509(B) (RELATING TO COMPULSIVE AND PROBLEM
GAMBLING PROGRAM).
(E) TAX LIABILITY.--
(1) AN UNLICENSED PERSON WHO OFFER S SPORTS WAGERING TO
PERSONS IN THIS COMMONWEALTH SHALL BE LIABLE FOR ALL TAXES
REQUIRED BY THIS CHAPTER IN THE SAME MANNER AND AMOUNTS AS IF
THE PERSON WERE A LICENSEE.
(2) TIMELY PAYMENT OF THE TAXES MAY NOT CONSTITUTE A
DEFENSE TO ANY PROSECUTION OR OTHER PROCEEDING IN CONNECTION
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WITH UNAUTHORIZED SPORTS WAGERING, EXCEPT FOR A PROSECUTION
OR PROCEEDING ALLEGING FAILURE TO MAKE SUCH PAYMENT.
SUBCHAPTER B
SPORTS WAGERING AUTHORIZED
SEC.
13G11. AUTHORIZATION TO CONDUCT SPORTS WAGERING.
13G12. PETITION REQUIREMENTS.
13G13. STANDARD FOR REVIEW OF PETITIONS.
13G14. AWARD OF CERTIFICATE.
13G15. SPORTS WAGERING CERTIFICATE.
13G16. SPORTS WAGERING BY SUPPLIERS AND MANUFACTURERS.
§ 13G11. AUTHORIZATION TO CONDUCT SPORTS WAGERING.
(A) PERSONS WHO MAY BE AUTHORIZED.--
(1) (I) THE BOARD MAY AUTHORIZE A SLOT MACHINE LICENSEE
TO CONDUCT SPORTS WAGERING AND TO OPERATE A SYSTEM OF
WAGERING ASSOCIATED WITH THE CONDUCT OF SPORTS WAGERING
AT THE SLOT MACHINE LICENSEE'S LICENSED FACILITY, A
TEMPORARY FACILITY AUTHORIZED UNDER SECTION 13G21(A.1)
(RELATING TO AUTHORIZED LOCATIONS FOR OPERATION) OR AN
AREA AUTHORIZED UNDER SECTION 13G21(B).
(II) AUTHORIZATION SHALL BE CONTINGENT UPON THE SLOT
MACHINE LICENSEE'S AGREEMENT TO ENSURE THAT SPORTS
WAGERING WILL BE CONDUCTED IN ACCORDANCE WITH THIS PART
AND ANY OTHER CONDITIONS ESTABLISHED BY THE BOARD.
(III) NOTHING IN THIS PART SHALL BE CONSTRUED TO
CREATE A SEPARATE LICENSE GOVERNING THE CONDUCT OF SPORTS
WAGERING BY SLOT MACHINE LICENSEES WITHIN THIS
COMMONWEALTH.
(2) THE BOARD MAY AUTHORIZE A SPORTS WAGERING
CERTIFICATE HOLDER TO CONDUCT SPORTS WAGERING AND TO OPERATE
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A SYSTEM OF WAGERING ASSOCIATED WITH THE CONDUCT OF SPORTS
WAGERING AS A FORM OF INTERACTIVE GAMING AUTHORIZED BY THE
COMMONWEALTH.
(3) (I) EXCEPT AS PROVIDED IN THIS PART, ALL
INDIVIDUALS WAGERING ON SPORTING EVENTS THROUGH
AUTHORIZED SPORTS WAGERING MUST BE PHYSICALLY LOCATED
WITHIN THIS COMMONWEALTH OR WITHIN A STATE OR
JURISDICTION IN WHICH THE BOARD HAS ENTERED A SPORTS
WAGERING AGREEMENT.
(II) NO INDIVIDUAL UNDER 21 YEARS OF AGE MAY MAKE A
WAGER OR BET ON SPORTING EVENTS THROUGH AUTHORIZED SPORTS
WAGERING OR HAVE ACCESS TO THE DESIGNATED AREA OF THE
LICENSED FACILITY AUTHORIZED TO HOST SPORTS WAGERING.
(B) FEDERAL AUTHORIZATION.--
(1) THE SECRETARY OF STATE OF THE COMMONWEALTH SHALL,
WHEN FEDERAL LAW IS ENACTED OR FEDERAL COURT DECISION IS
FILED THAT AFFIRMS THE AUTHORITY OF A STATE TO REGULATE
SPORTS WAGERING, PUBLISH A NOTICE IN THE PENNSYLVANIA
BULLETIN CERTIFYING THE ENACTMENT OR FILING OF THE DECISION.
(2) THE BOARD MAY NOT AUTHORIZE THE CONDUCT OF SPORTS
WAGERING IN THIS COMMONWEALTH UNTIL THE NOTICE IS PUBLISHED
AS PRESCRIBED IN PARAGRAPH (1).
§ 13G12. PETITION REQUIREMENTS.
(A) GENERAL RULE.--UNLESS OTHERWISE PROHIBITED UNDER SECTION
13A13 (RELATING TO PROHIBITIONS), A SLOT MACHINE LICENSEE MAY
SEEK APPROVAL TO CONDUCT SPORTS WAGERING BY FILING A PETITION
WITH THE BOARD.
(B) PETITION CONTENTS.--A PETITION SEEKING AUTHORIZATION TO
CONDUCT SPORTS WAGERING SHALL INCLUDE THE FOLLOWING:
(1) THE NAME, BUSINESS ADDRESS AND CONTACT INFORMATION
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OF THE PETITIONER.
(2) THE NAME AND BUSINESS ADDRESS, JOB TITLE AND A
PHOTOGRAPH OF EACH PRINCIPAL AND KEY EMPLOYEE OF THE
PETITIONER WHO WILL BE INVOLVED IN THE CONDUCT OF SPORTS
WAGERING AND WHO IS NOT CURRENTLY LICENSED BY THE BOARD, IF
KNOWN.
(3) A BRIEF DESCRIPTION OF THE ECONOMIC BENEFITS
EXPECTED TO BE REALIZED BY THE COMMONWEALTH, ITS
MUNICIPALITIES AND ITS RESIDENTS IF SPORTS WAGERING IS
AUTHORIZED AT THE PETITIONER'S LICENSED FACILITY.
(4) THE DETAILS OF ANY FINANCING OBTAINED OR THAT WILL
BE OBTAINED TO FUND AN EXPANSION OR MODIFICATION OF THE
LICENSED FACILITY TO ACCOMMODATE SPORTS WAGERING AND TO
OTHERWISE FUND THE COST OF COMMENCING SPORTS WAGERING.
(5) INFORMATION AND DOCUMENTATION CONCERNING FINANCIAL
BACKGROUND AND RESOURCES, AS THE BOARD MAY REQUIRE, TO
ESTABLISH BY CLEAR AND CONVINCING EVIDENCE THE FINANCIAL
STABILITY, INTEGRITY AND RESPONSIBILITY OF THE PETITIONER.
(6) INFORMATION AND DOCUMENTATION, AS THE BOARD MAY
REQUIRE, TO ESTABLISH BY CLEAR AND CONVINCING EVIDENCE THAT
THE PETITIONER HAS SUFFICIENT BUSINESS ABILITY AND EXPERIENCE
TO CREATE AND MAINTAIN A SUCCESSFUL SPORTS WAGERING
OPERATION. IN MAKING THIS DETERMINATION, THE BOARD MAY
CONSIDER THE PERFORMANCE OF THE PETITIONER'S SLOT MACHINE AND
TABLE GAME OPERATION, INCLUDING FINANCIAL INFORMATION,
EMPLOYMENT DATA AND CAPITAL INVESTMENT.
(7) INFORMATION AND DOCUMENTATION, AS THE BOARD MAY
REQUIRE, TO ESTABLISH BY CLEAR AND CONVINCING EVIDENCE THAT
THE PETITIONER HAS OR WILL HAVE THE FINANCIAL ABILITY TO PAY
THE AUTHORIZATION FEE UNDER SECTION 13G61 (RELATING TO SPORTS
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WAGERING AUTHORIZATION FEE).
(8) DETAILED SITE PLANS IDENTIFYING THE PETITIONER'S
PROPOSED SPORTS WAGERING AREA WITHIN THE LICENSED FACILITY.
(9) OTHER INFORMATION AS THE BOARD MAY REQUIRE.
(C) CONFIDENTIALITY.--INFORMATION SUBMITTED TO THE BOARD
UNDER SUBSECTION (B)(4), (5), (6), (7) AND (8) MAY BE CONSIDERED
CONFIDENTIAL BY THE BOARD IF THE INFORMATION WOULD BE
CONFIDENTIAL UNDER SECTION 1206(F) (RELATING TO BOARD MINUTES
AND RECORDS).
§ 13G13. STANDARD FOR REVIEW OF PETITIONS.
(A) GENERAL RULE.--THE BOARD SHALL APPROVE A PETITION IF THE
PETITIONER ESTABLISHES, BY CLEAR AND CONVINCING EVIDENCE, ALL OF
THE FOLLOWING:
(1) THE PETITIONER'S SLOT MACHINE LICENSE IS IN GOOD
STANDING WITH THE BOARD.
(2) THE CONDUCT OF SPORTS WAGERING AT THE PETITIONER'S
LICENSED FACILITY WILL HAVE A POSITIVE ECONOMIC IMPACT ON THE
COMMONWEALTH, ITS MUNICIPALITIES AND RESIDENTS THROUGH
INCREASED REVENUES AND EMPLOYMENT OPPORTUNITIES.
(3) THE PETITIONER POSSESSES ADEQUATE FUNDS OR HAS
SECURED ADEQUATE FINANCING TO:
(I) FUND ANY NECESSARY EXPANSION OR MODIFICATION OF
THE PETITIONER'S LICENSED FACILITY TO ACCOMMODATE THE
CONDUCT OF SPORTS WAGERING.
(II) PAY THE AUTHORIZATION FEE IN ACCORDANCE WITH
SECTION 13G61 (RELATING TO SPORTS WAGERING AUTHORIZATION
FEE).
(III) COMMENCE SPORTS WAGERING OPERATIONS AT ITS
LICENSED FACILITY.
(4) THE PETITIONER HAS THE FINANCIAL STABILITY,
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INTEGRITY AND RESPONSIBILITY TO CONDUCT SPORTS WAGERING.
(5) THE PETITIONER HAS SUFFICIENT BUSINESS ABILITY AND
EXPERIENCE TO CREATE AND MAINTAIN A SUCCESSFUL SPORTS
WAGERING OPERATION.
(6) THE PETITIONER'S PROPOSED INTERNAL AND EXTERNAL
SECURITY AND PROPOSED SURVEILLANCE MEASURES WITHIN THE AREA
OF THE LICENSED FACILITY WHERE THE PETITIONER SEEKS TO
CONDUCT SPORTS WAGERING ARE ADEQUATE.
(7) THE PETITIONER HAS SATISFIED THE PETITION
APPLICATION REQUIREMENTS AND PROVIDED ANY OTHER INFORMATION
REQUIRED BY SECTION 13G12(B) (RELATING TO PETITION
REQUIREMENTS).
(B) TIMING OF APPROVAL.--THE BOARD SHALL APPROVE OR DENY A
PETITION WITHIN 90 DAYS FOLLOWING RECEIPT OF THE PETITION.
§ 13G14. AWARD OF CERTIFICATE.
(A) GENERAL RULE.--UPON APPROVAL OF A PETITION, THE BOARD
SHALL AWARD A SPORTS WAGERING CERTIFICATE TO THE PETITIONER. THE
AWARD OF A SPORTS WAGERING CERTIFICATE PRIOR TO THE PAYMENT IN
FULL OF THE AUTHORIZATION FEE REQUIRED BY SECTION 13G61
(RELATING TO SPORTS WAGERING AUTHORIZATION FEE) SHALL NOT
RELIEVE THE PETITIONER FROM COMPLYING WITH THE PROVISIONS OF
SECTION 13G61.
(B) STATEMENT OF CONDITIONS.--UPON AWARDING A SPORTS
WAGERING OPERATION CERTIFICATE, THE BOARD SHALL AMEND THE SLOT
MACHINE LICENSEE'S STATEMENT OF CONDITIONS PERTAINING TO THE
REQUIREMENTS OF THIS CHAPTER.
(C) TERM OF SPORTS WAGERING CERTIFICATE.--SUBJECT TO THE
POWER OF THE BOARD TO DENY, REVOKE OR SUSPEND A SPORTS WAGERING
CERTIFICATE ISSUED IN ACCORDANCE WITH THE REQUIREMENTS OF THIS
SECTION, A SPORTS WAGERING CERTIFICATE SHALL BE RENEWED EVERY
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FIVE YEARS AND SHALL BE SUBJECT TO THE REQUIREMENTS OF SECTION
1326 (RELATING TO LICENSE RENEWALS).
§ 13G15. SPORTS WAGERING CERTIFICATE.
THE FOLLOWING SHALL APPLY:
(1) A SPORTS WAGERING CERTIFICATE SHALL BE IN EFFECT
UNLESS:
(I) SUSPENDED OR REVOKED BY THE BOARD CONSISTENT
WITH THE REQUIREMENTS OF THIS PART;
(II) THE SLOT MACHINE LICENSE HELD BY THE
CERTIFICATE HOLDER IS SUSPENDED, REVOKED OR NOT RENEWED
BY THE BOARD CONSISTENT WITH THE REQUIREMENTS OF THIS
PART; OR
(III) THE CERTIFICATE HOLDER RELINQUISHES OR DOES
NOT SEEK RENEWAL OF ITS SLOT MACHINE LICENSE.
(2) A CERTIFICATE HOLDER THAT FAILS TO ABIDE BY THIS
CHAPTER OR ANY CONDITION CONTAINED IN THE SLOT MACHINE
LICENSEE'S STATEMENT OF CONDITIONS GOVERNING THE CONDUCT OF
SPORTS WAGERING SHALL BE SUBJECT TO BOARD-IMPOSED
ADMINISTRATIVE SANCTIONS OR OTHER PENALTIES AUTHORIZED UNDER
THIS PART.
§ 13G16. SPORTS WAGERING BY SUPPLIERS AND MANUFACTURERS.
(A) SUPPLIERS.--A PERSON THAT SELLS, LEASES, OFFERS OR
OTHERWISE PROVIDES, DISTRIBUTES OR SERVICES ANY SPORTS WAGERING
DEVICE OR ASSOCIATED EQUIPMENT FOR USE OR OPERATION IN THIS
COMMONWEALTH FOR SPORTS WAGERING PURPOSES SHALL BE LICENSED BY
THE BOARD PURSUANT TO SECTION 1317 (RELATING TO SUPPLIER
LICENSES) AND SHALL BE SUBJECT TO APPLICATION AND LICENSURE FEES
AND FINES AS PRESCRIBED UNDER SECTION 1208 (RELATING TO
COLLECTION OF FEES AND FINES), AS DETERMINED BY THE BOARD.
(B) MANUFACTURERS.--A PERSON WHO MANUFACTURERS, BUILDS,
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REBUILDS, FABRICATES, ASSEMBLES, PRODUCES, PROGRAMS, DESIGNS OR
OTHERWISE MAKES MODIFICATIONS TO ANY SPORTS WAGERING DEVICE OR
ASSOCIATED EQUIPMENT FOR USE OR OPERATION IN THIS COMMONWEALTH
FOR SPORTS WAGERING PURPOSES SHALL BE LICENSED BY THE BOARD
PURSUANT TO SECTION 1317.1 (RELATING TO MANUFACTURER LICENSES)
AND SHALL BE SUBJECT TO APPLICATION AND LICENSURE FEES AND FINES
AS PRESCRIBED UNDER SECTION 1208, AS DETERMINED BY THE BOARD.
SUBCHAPTER C
CONDUCT OF SPORTS WAGERING
SEC.
13G21. AUTHORIZED LOCATIONS FOR OPERATION.
13G22. COMMENCEMENT OF SPORTS WAGERING OPERATIONS.
13G23. CONDITION OF CONTINUED OPERATION.
13G24. KEY EMPLOYEES AND OCCUPATION PERMITS.
13G25. APPLICATION OF CLEAN INDOOR AIR ACT.
13G25.1. APPLICATION OF LIQUOR CODE.
§ 13G21. AUTHORIZED LOCATIONS FOR OPERATION.
(A) RESTRICTION.--A CERTIFICATE HOLDER MAY ONLY BE PERMITTED
TO CONDUCT SPORTS WAGERING AT THE LICENSED FACILITY, A TEMPORARY
FACILITY AUTHORIZED UNDER SUBSECTION (A.1) OR AN AREA AUTHORIZED
UNDER SUBSECTION (B).
(A.1) TEMPORARY FACILITIES.--THE BOARD MAY PERMIT A
CERTIFICATE HOLDER TO CONDUCT SPORTS WAGERING AT A TEMPORARY
FACILITY THAT IS PHYSICALLY CONNECTED TO, ATTACHED TO OR
ADJACENT TO A LICENSED FACILITY FOR A PERIOD NOT TO EXCEED 24
MONTHS.
(B) POWERS AND DUTIES OF BOARD.--
(1) UPON REQUEST MADE BY A CERTIFICATE HOLDER, THE BOARD
MAY DETERMINE THE SUITABILITY OF A CATEGORY 1 LICENSED GAMING
ENTITY THAT IS ALSO A LICENSED RACING ENTITY AUTHORIZED TO
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CONDUCT PARI-MUTUEL WAGERING AT NONPRIMARY LOCATIONS UNDER
THE ACT OF APRIL 9, 1929 (P.L.177, NO.175), KNOWN AS THE
ADMINISTRATIVE CODE OF 1929, TO CONDUCT SPORTS WAGERING AT
NONPRIMARY LOCATIONS.
(2) NO CERTIFICATE HOLDER MAY BE APPROVED TO CONDUCT
SPORTS WAGERING IN A NONPRIMARY LOCATION UNLESS THE AREAS ARE
EQUIPPED WITH ADEQUATE SECURITY AND SURVEILLANCE EQUIPMENT TO
ENSURE THE INTEGRITY OF THE CONDUCT OF SPORTS WAGERING.
(3) AN AUTHORIZATION GRANTED UNDER THIS SUBSECTION MAY
NOT:
(I) IMPOSE ANY CRITERIA OR REQUIREMENTS REGARDING
THE CONTENTS OR STRUCTURE OF A NONPRIMARY LOCATION THAT
ARE UNRELATED TO THE CONDUCT OF SPORTS WAGERING.
(II) AUTHORIZE THE PLACEMENT OR OPERATION OF SLOT
MACHINES OR TABLE GAMES IN A NONPRIMARY LOCATION.
§ 13G22. COMMENCEMENT OF SPORTS WAGERING OPERATIONS.
NO CERTIFICATE HOLDER MAY OPERATE OR OFFER SPORTS WAGERING
UNTIL THE BOARD DETERMINES THAT:
(1) THE CERTIFICATE HOLDER IS IN COMPLIANCE WITH THE
REQUIREMENTS OF THIS PART.
(2) THE CERTIFICATE HOLDER IS PREPARED IN ALL RESPECTS
TO OFFER SPORTS WAGERING PLAY TO THE PUBLIC AT THE LICENSED
FACILITY.
(3) THE CERTIFICATE HOLDER HAS IMPLEMENTED NECESSARY
INTERNAL AND MANAGEMENT CONTROLS AND SECURITY ARRANGEMENTS
AND SURVEILLANCE SYSTEMS FOR THE CONDUCT OF SPORTS WAGERING.
(4) THE CERTIFICATE HOLDER IS IN COMPLIANCE WITH OR HAS
COMPLIED WITH SECTION 13A61 (RELATING TO SPORTS WAGERING
AUTHORIZATION FEE).
(5) OTHER CONDITIONS AS THE BOARD MAY REQUIRE TO
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IMPLEMENT THE CONDUCT OF SPORTS WAGERING.
§ 13G23. CONDITION OF CONTINUED OPERATION.
AS A CONDITION OF CONTINUED OPERATION, A CERTIFICATE HOLDER
SHALL AGREE TO MAINTAIN ALL BOOKS, RECORDS AND DOCUMENTS
PERTAINING TO SPORTS WAGERING IN A MANNER AND LOCATION WITHIN
THIS COMMONWEALTH AS APPROVED BY THE BOARD. ALL BOOKS, RECORDS
AND DOCUMENTS RELATED TO SPORTS WAGERING SHALL:
(1) BE SEGREGATED BY SEPARATE ACCOUNTS WITHIN THE
CERTIFICATE HOLDER'S BOOKS, RECORDS AND DOCUMENTS, EXCEPT FOR
ANY BOOKS, RECORDS OR DOCUMENTS THAT ARE COMMON TO SLOT
MACHINE, TABLE GAME AND SPORTS WAGERING OPERATIONS;
(2) BE IMMEDIATELY AVAILABLE FOR INSPECTION UPON REQUEST
OF THE BOARD, THE BUREAU, THE DEPARTMENT, THE PENNSYLVANIA
STATE POLICE OR THE ATTORNEY GENERAL, OR AGENTS THEREOF,
DURING ALL HOURS OF OPERATION OF THE CERTIFICATE HOLDER IN
ACCORDANCE WITH REGULATIONS PROMULGATED BY THE BOARD; AND
(3) BE MAINTAINED FOR A PERIOD AS THE BOARD, BY
REGULATION, MAY REQUIRE.
§ 13G24. KEY EMPLOYEES AND OCCUPATION PERMITS.
NOTHING IN THIS PART SHALL BE CONSTRUED TO REQUIRE ANY
INDIVIDUAL WHO HOLDS A PRINCIPAL LICENSE, A KEY EMPLOYEE LICENSE
OR GAMING EMPLOYEE LICENSE UNDER CHAPTER 13 (RELATING TO
LICENSEES) TO OBTAIN A SEPARATE LICENSE OR PERMIT TO BE EMPLOYED
IN A CERTIFICATE HOLDER'S SPORTS WAGERING OPERATION AUTHORIZED
UNDER THIS CHAPTER.
§ 13G25. APPLICATION OF CLEAN INDOOR AIR ACT.
FOR THE PURPOSE OF SECTION 3(B)(11) OF THE ACT OF JUNE 13,
2008 (P.L.182, NO.27), KNOWN AS THE CLEAN INDOOR AIR ACT, THE
TERM "GAMING FLOOR" SHALL INCLUDE THE AREAS OF ANY FACILITY
WHERE THE CERTIFICATE HOLDER IS AUTHORIZED TO CONDUCT SPORTS
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WAGERING, EXCEPT SUCH AREAS OFF THE GAMING FLOOR WHERE CONTESTS
OR TOURNAMENTS ARE CONDUCTED UNLESS SMOKING IS OTHERWISE
PERMITTED IN SUCH AREAS.
§ 13G25.1. APPLICATION OF LIQUOR CODE.
THE PROVISIONS OF SECTION 493(24)(II) OF THE ACT OF APRIL 12,
1951 (P.L.90, NO.21), KNOWN AS THE LIQUOR CODE, SHALL ALSO APPLY
TO SPORTS WAGERING.
SUBCHAPTER D
SPORTS WAGERING TAXES AND FEES
SEC.
13G61. SPORTS WAGERING AUTHORIZATION FEE.
13G62. SPORTS WAGERING TAX.
13G63. LOCAL SHARE ASSESSMENT.
13G64. COMPULSIVE AND PROBLEM GAMBLING.
§ 13G61. SPORTS WAGERING AUTHORIZATION FEE.
(A) AMOUNT.-- EACH SLOT MACHINE LICENSEE THAT IS ISSUED A
SPORTS WAGERING CERTIFICATE TO CONDUCT SPORTS WAGERING IN
ACCORDANCE WITH SECTION 13G11 (RELATING TO AUTHORIZATION TO
CONDUCT SPORTS WAGERING) SHALL PAY A ONE-TIME NONREFUNDABLE
AUTHORIZATION FEE IN THE AMOUNT OF $5,000,000.
(B) PAYMENT OF FEE.--THE AUTHORIZATION FEE UNDER SUBSECTION
(A) SHALL REMIT THE FEE TO THE BOARD WITHIN 60 DAYS OF THE
APPROVAL OF A PETITION TO CONDUCT SPORTS WAGERING. THE BOARD MAY
ALLOW THE FEE TO BE PAID IN INSTALLMENTS, PROVIDED ALL
INSTALLMENTS ARE PAID WITHIN THE 60-DAY PERIOD. IN THAT EVENT,
THE BOARD AND THE SLOT MACHINE LICENSEE SHALL ENTER INTO A
WRITTEN AGREEMENT SETTING FORTH THE TERMS OF PAYMENT. SPORTS
WAGERING MAY NOT BE CONDUCTED UNTIL THE FEE UNDER SUBSECTION (A)
IS PAID IN FULL.
(C) RENEWAL FEE.--NOTWITHSTANDING ANY OTHER PROVISION OF
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THIS CHAPTER, A SLOT MACHINE LICENSEE THAT IS ISSUED A SPORTS
WAGERING CERTIFICATE SHALL PAY A RENEWAL FEE IN THE AMOUNT OF
$250,000 UPON THE RENEWAL OF ITS SPORTS WAGERING CERTIFICATE IN
ACCORDANCE WITH SECTIONS 1326 (RELATING TO LICENSE RENEWALS) AND
13G14(C) (RELATING TO AWARD OF CERTIFICATE).
(D) FAILURE TO PAY BY DEADLINE.--IF A PETITIONER OR
CERTIFICATE HOLDER FAILS TO PAY THE REQUIRED AUTHORIZATION FEE
IN FULL WITHIN THE 60-DAY TIME PERIOD, THE BOARD SHALL IMPOSE A
PENALTY AND MAY GRANT THE PETITIONER OR CERTIFICATE HOLDER UP TO
A SIX-MONTH EXTENSION TO PAY THE AUTHORIZATION FEE OR ANY
REMAINING PORTION OF THE AUTHORIZATION FEE AND THE PENALTY.
(E) SUSPENSION OF CERTIFICATE.--THE BOARD SHALL SUSPEND THE
SPORTS WAGERING CERTIFICATE IF THE CERTIFICATE HOLDER FAILS TO
PAY THE TOTAL AUTHORIZATION FEE AND THE PENALTY PRIOR TO THE
EXPIRATION OF AN EXTENSION PERIOD GRANTED UNDER SUBSECTION (C).
THE SUSPENSION SHALL REMAIN IN EFFECT UNTIL FINAL PAYMENT IS
MADE.
(F) DEPOSIT OF FEES.--NOTWITHSTANDING SECTION 1208 (RELATING
TO COLLECTION OF FEES AND FINES), ALL SPORTS WAGERING
AUTHORIZATION FEES OR PENALTIES RECEIVED BY THE BOARD UNDER THIS
SUBCHAPTER, ALL SPORTS WAGERING DEVICE AND ASSOCIATED EQUIPMENT
MANUFACTURER AND SUPPLIER LICENSE FEES, ALL SPORTS WAGERING
DEVICE OR ASSOCIATED EQUIPMENT MANUFACTURER AND SUPPLIER RENEWAL
FEES AND FEES FOR LICENSES ISSUED UNDER CHAPTER 16 (RELATING TO
JUNKETS) SHALL BE DEPOSITED IN THE GENERAL FUND.
§ 13G62. SPORTS WAGERING TAX.
(A) IMPOSITION.--EACH CERTIFICATE HOLDER SHALL REPORT TO THE
DEPARTMENT AND PAY FROM ITS DAILY GROSS SPORTS WAGERING REVENUE,
ON A FORM AND IN THE MANNER PRESCRIBED BY THE DEPARTMENT, A TAX
OF 16% OF ITS DAILY GROSS SPORTS WAGERING REVENUE.
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(B) DEPOSITS AND DISTRIBUTIONS.--
(1) THE TAX IMPOSED UNDER SUBSECTION (A) SHALL BE
PAYABLE TO THE DEPARTMENT ON A WEEKLY BASIS AND SHALL BE
BASED UPON GROSS SPORTS WAGERING REVENUE DERIVED DURING THE
PREVIOUS WEEK.
(2) ALL FUNDS OWED TO THE COMMONWEALTH UNDER THIS
SECTION SHALL BE HELD IN TRUST FOR THE COMMONWEALTH BY THE
CERTIFICATE HOLDER UNTIL THE FUNDS ARE PAID TO THE
DEPARTMENT. UNLESS OTHERWISE AGREED TO BY THE BOARD, A
CERTIFICATE HOLDER SHALL ESTABLISH A SEPARATE BANK ACCOUNT
INTO WHICH GROSS SPORTS WAGERING REVENUE SHALL BE DEPOSITED
AND MAINTAINED UNTIL SUCH TIME AS THE FUNDS ARE PAID TO THE
DEPARTMENT UNDER THIS SECTION OR PAID INTO THE FUND UNDER
SECTION 13G63(A) (RELATING TO LOCAL SHARE ASSESSMENT).
(3) THE TAX IMPOSED UNDER SUBSECTION (A) SHALL BE
DEPOSITED INTO THE GENERAL FUND.
§ 13G63. LOCAL SHARE ASSESSMENT.
(A) REQUIRED PAYMENT.--IN ADDITION TO THE TAX IMPOSED UNDER
SECTION 13G62 (RELATING TO SPORTS WAGERING TAX), EACH
CERTIFICATE HOLDER SHALL PAY ON A WEEKLY BASIS AND ON A FORM AND
IN A MANNER PRESCRIBED BY THE DEPARTMENT A LOCAL SHARE
ASSESSMENT INTO A RESTRICTED RECEIPTS ACCOUNT ESTABLISHED WITHIN
THE FUND. ALL MONEY OWED UNDER THIS SECTION SHALL BE HELD IN
TRUST BY THE CERTIFICATE HOLDER UNTIL THE MONEY IS PAID INTO THE
RESTRICTED ACCOUNT. FUNDS IN THE RESTRICTED ACCOUNT ARE HEREBY
APPROPRIATED TO THE DEPARTMENT ON A CONTINUING BASIS FOR THE
PURPOSES SET FORTH IN THIS SECTION.
(B) DISTRIBUTIONS.--EXCEPT AS PROVIDED UNDER SUBSECTIONS
(B.1) AND (B.2), THE DEPARTMENT SHALL MAKE QUARTERLY
DISTRIBUTIONS FROM THE LOCAL SHARE ASSESSMENTS DEPOSITED INTO
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THE RESTRICTED ACCOUNT TO COUNTIES, INCLUDING HOME RULE
COUNTIES, AND TO MUNICIPALITIES, INCLUDING HOME RULE
MUNICIPALITIES, HOSTING A LICENSED FACILITY AUTHORIZED TO
CONDUCT SPORTS WAGERING IN THE FOLLOWING MANNER:
(1) FIFTY PERCENT OF THE LOCAL SHARE ASSESSMENT UNDER
THIS CHAPTER SHALL BE ADDED TO AND DISTRIBUTED WITH THE FUNDS
DISTRIBUTED UNDER SECTION 13A63(B) (RELATING TO LOCAL SHARE
ASSESSMENT).
(2) FIFTY PERCENT OF THE LOCAL SHARE ASSESSMENT UNDER
THIS CHAPTER SHALL BE ADDED TO AND DISTRIBUTED WITH THE FUNDS
DISTRIBUTED UNDER SECTION 13A63(C).
(B.1) NONPRIMARY LOCATIONS.--FOR SPORTS WAGERING CONDUCTED
AT NONPRIMARY LOCATIONS, THE LOCAL SHARE ASSESSMENT IMPOSED
UNDER SUBSECTION (A) SHALL BE DISTRIBUTED AS FOLLOWS:
(1) FIFTY PERCENT TO THE COUNTY IN WHICH THE NONPRIMARY
LOCATION IS LOCATED.
(2) FIFTY PERCENT TO THE MUNICIPALITY IN WHICH THE
NONPRIMARY LOCATION IS LOCATED.
(B.2) INTERACTIVE GAMING.--FOR SPORTS WAGERING CONDUCTED AS
A FORM OF INTERACTIVE GAMING, THE LOCAL SHARE ASSESSMENT IMPOSED
UNDER SUBSECTION (A) SHALL BE ADDED TO AND DISTRIBUTED WITH THE
FUNDS DISTRIBUTED UNDER SECTION 13B53 (RELATING TO LOCAL SHARE
ASSESSMENT).
(C) DEFINITIONS.--AS USED IN THIS SECTION, "LOCAL SHARE
ASSESSMENT" MEANS 2% OF A CERTIFICATE HOLDER'S DAILY GROSS
SPORTS WAGERING REVENUE.
§ 13G64. COMPULSIVE AND PROBLEM GAMBLING.
THE FOLLOWING SHALL APPLY:
(1) EACH YEAR, FROM THE TAX IMPOSED IN SECTION 13G62
(RELATING TO SPORTS WAGERING TAX), $2,000,000 OR AN AMOUNT
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EQUAL TO .002 MULTIPLIED BY THE TOTAL GROSS SPORTS WAGERING
REVENUE OF ALL ACTIVE AND OPERATING SPORTS WAGERING
CERTIFICATE HOLDERS, WHICHEVER IS GREATER, SHALL BE
TRANSFERRED INTO THE COMPULSIVE AND PROBLEM GAMBLING
TREATMENT FUND ESTABLISHED IN SECTION 1509 (RELATING TO
COMPULSIVE AND PROBLEM GAMBLING PROGRAM).
(2) EACH YEAR, FROM THE TAX IMPOSED IN SECTION 13G62,
$2,000,000 OR AN AMOUNT EQUAL TO .002 MULTIPLIED BY THE TOTAL
GROSS SPORTS WAGERING REVENUE OF ALL ACTIVE AND OPERATING
SPORTS WAGERING CERTIFICATE HOLDERS, WHICHEVER IS GREATER,
SHALL BE TRANSFERRED TO THE DEPARTMENT OF HEALTH TO BE USED
FOR DRUG AND ALCOHOL ADDICTION TREATMENT SERVICES, INCLUDING
TREATMENT FOR DRUG AND ALCOHOL ADDICTION RELATED TO
COMPULSIVE AND PROBLEM GAMBLING, AS SET FORTH IN SECTION
1509.1 (RELATING TO DRUG AND ALCOHOL TREATMENT).
SUBCHAPTER E
MISCELLANEOUS PROVISIONS
SEC.
13G71. CRIMINAL ACTIVITY.
§ 13G71. CRIMINAL ACTIVITY.
SPORTS WAGERING CONDUCTED BY A CERTIFICATE HOLDER IN
ACCORDANCE WITH THIS CHAPTER SHALL NOT CONSTITUTE A CRIMINAL
ACTIVITY UNDER 18 PA.C.S. § 5514 (RELATING TO POOL SELLING AND
BOOKMAKING).
SECTION 19. SECTIONS 1403(B), (C)(2)(II)(D), (III)(A) AND
(IV)(B), 1405 AND 1407 OF TITLE 4 ARE AMENDED TO READ:
§ 1403. ESTABLISHMENT OF STATE GAMING FUND AND NET SLOT MACHINE
REVENUE DISTRIBUTION.
* * *
(B) SLOT MACHINE TAX.--THE DEPARTMENT SHALL DETERMINE AND
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EACH SLOT MACHINE LICENSEE SHALL PAY A DAILY TAX OF 34% FROM ITS
DAILY GROSS TERMINAL REVENUE FROM THE SLOT MACHINES IN OPERATION
AT ITS LICENSED FACILITY AND A LOCAL SHARE ASSESSMENT AS
PROVIDED IN SUBSECTION (C). ALL FUNDS OWED TO THE COMMONWEALTH,
A COUNTY OR A MUNICIPALITY UNDER THIS SECTION SHALL BE HELD IN
TRUST BY THE LICENSED GAMING ENTITY FOR THE COMMONWEALTH, THE
COUNTY AND THE MUNICIPALITY UNTIL THE FUNDS ARE PAID OR
TRANSFERRED TO THE FUND. UNLESS OTHERWISE AGREED TO BY THE
BOARD, A LICENSED GAMING ENTITY SHALL ESTABLISH A SEPARATE BANK
ACCOUNT TO MAINTAIN GROSS TERMINAL REVENUE UNTIL SUCH TIME AS
THE FUNDS ARE PAID OR TRANSFERRED UNDER THIS SECTION. MONEYS IN
THE FUND ARE HEREBY APPROPRIATED TO THE DEPARTMENT ON A
CONTINUING BASIS FOR THE PURPOSES SET FORTH IN SUBSECTION (C).
FOR THE PURPOSE OF THIS SUBSECTION, THE TERM LICENSED FACILITY
SHALL NOT BE CONSTRUED TO INCLUDE A NONPRIMARY LOCATION AT WHICH
A CATEGORY 1 SLOT MACHINE LICENSEE IS AUTHORIZED TO PLACE AND
MAKE SLOT MACHINES AVAILABLE FOR PLAY IN ACCORDANCE WITH CHAPTER
13D (RELATING TO SLOT MACHINES AT NONPRIMARY LOCATIONS) OR THE
PHYSICAL LAND-BASED LOCATION OF A QUALIFIED AIRPORT UNDER
CHAPTER 13E (RELATING TO SLOT MACHINES IN QUALIFIED AIRPORTS).
(C) TRANSFERS AND DISTRIBUTIONS.--THE DEPARTMENT SHALL:
* * *
(2) FROM THE LOCAL SHARE ASSESSMENT ESTABLISHED IN
SUBSECTION (B), MAKE QUARTERLY DISTRIBUTIONS AMONG THE
COUNTIES HOSTING A LICENSED FACILITY IN ACCORDANCE WITH THE
FOLLOWING SCHEDULE:
* * *
(II) IF THE LICENSED FACILITY IS A CATEGORY 1
LICENSED FACILITY AND IS LOCATED AT A THOROUGHBRED
RACETRACK AND THE COUNTY IN WHICH THE LICENSED FACILITY
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IS LOCATED IS:
* * *
(D) A COUNTY OF THE THIRD CLASS: 1% OF THE
GROSS TERMINAL REVENUE TO THE COUNTY HOSTING THE
LICENSED FACILITY FROM EACH SUCH LICENSED FACILITY.
AN ADDITIONAL 1% OF THE GROSS TERMINAL REVENUE TO THE
COUNTY HOSTING THE LICENSED FACILITY FROM EACH SUCH
LICENSED FACILITY FOR THE PURPOSE OF MUNICIPAL GRANTS
WITHIN THE COUNTY IN WHICH THE LICENSEE IS LOCATED.
NOTWITHSTANDING THE PROVISIONS OF THE ACT OF FEBRUARY
9, 1999 (P.L.1, NO.1), KNOWN AS THE CAPITAL
FACILITIES DEBT ENABLING ACT, GRANTS MADE UNDER THIS
CLAUSE MAY BE UTILIZED AS LOCAL MATCHING FUNDS FOR
OTHER GRANTS OR LOANS FROM THE COMMONWEALTH.
* * *
(III) IF THE FACILITY IS A CATEGORY 2 LICENSED
FACILITY AND IF THE COUNTY IN WHICH THE LICENSED FACILITY
IS LOCATED IS:
(A) A COUNTY OF THE FIRST CLASS: 4% OF THE
GROSS TERMINAL REVENUE TO THE COUNTY HOSTING THE
LICENSED FACILITY FROM EACH SUCH LICENSED FACILITY.
NOTWITHSTANDING ANY OTHER PROVISION TO THE CONTRARY,
FUNDS FROM LICENSED GAMING ENTITIES LOCATED WITHIN A
COUNTY OF THE FIRST CLASS SHALL NOT BE DISTRIBUTED
OUTSIDE OF A COUNTY OF THE FIRST CLASS. [THE FIRST
$5,000,000] FIFTY PERCENT OR $5,000,000, WHICHEVER IS
GREATER, OF THE TOTAL AMOUNT DISTRIBUTED ANNUALLY TO
THE COUNTY OF THE FIRST CLASS SHALL BE DISTRIBUTED TO
THE PHILADELPHIA SCHOOL DISTRICT.
* * *
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(IV) * * *
(B) IF THE FACILITY IS A CATEGORY 3 LICENSED
FACILITY LOCATED IN A COUNTY OF THE SECOND CLASS A,
2% OF THE GROSS TERMINAL REVENUE [FROM THE LICENSED
FACILITY SHALL BE DEPOSITED INTO A RESTRICTED
RECEIPTS ACCOUNT TO BE ESTABLISHED IN THE
COMMONWEALTH FINANCING AUTHORITY TO BE USED
EXCLUSIVELY FOR GRANTS OR GUARANTEES FOR PROJECTS IN
THE HOST COUNTY THAT QUALIFY UNDER 64 PA.C.S. §§ 1551
(RELATING TO BUSINESS IN OUR SITES PROGRAM), 1556
(RELATING TO TAX INCREMENT FINANCING GUARANTEE
PROGRAM) AND 1558 (RELATING TO WATER SUPPLY AND
WASTEWATER INFRASTRUCTURE PROGRAM).] TO THE COUNTY
HOSTING THE LICENSED FACILITY FROM EACH SUCH LICENSED
FACILITY SHALL BE DEPOSITED AS FOLLOWS:
(I) SEVENTY-FIVE PERCENT SHALL BE DEPOSITED
FOR THE PURPOSE OF SUPPORTING THE MAINTENANCE AND
REFURBISHMENT OF THE PARKS AND HERITAGE SITES
THROUGHOUT THE COUNTY IN WHICH THE LICENSED
FACILITY IS LOCATED.
(II) TWELVE AND ONE-HALF PERCENT SHALL BE
DEPOSITED FOR THE PURPOSE OF SUPPORTING A CHILD
ADVOCACY CENTER LOCATED WITHIN THE COUNTY IN
WHICH THE LICENSED FACILITY IS LOCATED.
(III) TWELVE AND ONE-HALF PERCENT SHALL BE
DEPOSITED FOR THE PURPOSE OF SUPPORTING AN
ORGANIZATION PROVIDING COMPREHENSIVE SUPPORT
SERVICES TO VICTIMS OF DOMESTIC VIOLENCE,
INCLUDING LEGAL AND MEDICAL AID, SHELTERS,
TRANSITIONAL HOUSING AND COUNSELING LOCATED
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WITHIN THE COUNTY IN WHICH THE LICENSED FACILITY
IS LOCATED.
* * *
§ 1405. PENNSYLVANIA RACE HORSE DEVELOPMENT FUND.
(B) PENNSYLVANIA RACE HORSE IMPROVEMENT ASSESSMENT.--EACH
ACTIVE AND OPERATING LICENSED GAMING ENTITY SHALL PAY A DAILY
ASSESSMENT TO THE PENNSYLVANIA RACE HORSE DEVELOPMENT FUND AS
DETERMINED BY THE DEPARTMENT. SUBJECT TO THE DAILY ASSESSMENT
CAP ESTABLISHED UNDER SUBSECTION (C), THE LICENSED GAMING
ENTITY'S ASSESSMENT SHALL BE A PERCENTAGE OF EACH LICENSED
GAMING ENTITY'S GROSS TERMINAL REVENUE FROM THE SLOT MACHINES IN
OPERATION AT ITS LICENSED FACILITY, EQUAL TO AN AMOUNT
CALCULATED AS "A" MULTIPLIED BY "B", WITH "A" BEING EQUAL TO
EACH LICENSED GAMING ENTITY'S GROSS TERMINAL REVENUE FOR THAT
DAY DIVIDED BY THE TOTAL GROSS TERMINAL REVENUE FOR THAT DAY
FROM ALL LICENSED GAMING ENTITIES, AND "B" BEING EQUAL TO 18% OF
THAT DAY'S GROSS TERMINAL REVENUE FOR ALL ACTIVE AND OPERATING
CATEGORY 1 LICENSEES CONDUCTING LIVE RACING.
(C) DAILY ASSESSMENT CAP.--IF THE RESULTING DAILY ASSESSMENT
FOR A LICENSED GAMING ENTITY EXCEEDS 12% OF THAT LICENSED GAMING
ENTITY'S GROSS TERMINAL REVENUE FROM THE SLOT MACHINES IN
OPERATION AT ITS LICENSED FACILITY FOR THE DAY, THE LICENSED
GAMING ENTITY SHALL PAY A DAILY ASSESSMENT OF 12% OF ITS GROSS
TERMINAL REVENUE FOR THAT DAY.
(E) DEFINITION.--FOR THE PURPOSES OF THIS SECTION, THE TERM
"LICENSED FACILITY" SHALL NOT INCLUDE THE PHYSICAL LAND-BASED
LOCATION AT WHICH A LICENSED GAMING ENTITY IS AUTHORIZED TO
PLACE AND OPERATE SLOT MACHINES IN A NONPRIMARY LOCATION UNDER
CHAPTER 13D (RELATING TO SLOT MACHINES AT NONPRIMARY LOCATIONS)
OR IN A QUALIFIED AIRPORT UNDER CHAPTER 13E (RELATING TO SLOT
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MACHINES IN QUALIFIED AIRPORTS).
§ 1407. PENNSYLVANIA GAMING ECONOMIC DEVELOPMENT AND TOURISM
FUND.
(A) FUND ESTABLISHED.--THERE IS HEREBY ESTABLISHED A
PENNSYLVANIA GAMING ECONOMIC DEVELOPMENT AND TOURISM FUND WITHIN
THE STATE TREASURY.
(B) FUND ADMINISTRATION AND DISTRIBUTION.--THE PENNSYLVANIA
GAMING ECONOMIC DEVELOPMENT AND TOURISM FUND SHALL BE
ADMINISTERED BY THE DEPARTMENT OF COMMUNITY AND ECONOMIC
DEVELOPMENT. ALL MONEYS IN THE PENNSYLVANIA GAMING ECONOMIC
DEVELOPMENT AND TOURISM FUND SHALL BE DISTRIBUTED PURSUANT TO A
SUBSEQUENTLY ENACTED ECONOMIC DEVELOPMENT CAPITAL BUDGET THAT
APPROPRIATES MONEY FROM THE FUND PURSUANT TO THIS SECTION. THE
PROCEDURES FOR ENACTMENT, AUTHORIZATION AND RELEASE OF ECONOMIC
DEVELOPMENT AND TOURISM FUNDS AUTHORIZED UNDER THIS SECTION FOR
BOTH CAPITAL PROJECTS AND OPERATIONAL EXPENDITURES SHALL BE THE
SAME AS THOSE PROVIDED FOR IN SECTIONS 303(A), (B) AND (C) AND
318(A) OF THE ACT OF FEBRUARY 9, 1999 (P.L.1, NO.1), KNOWN AS
THE CAPITAL FACILITIES DEBT ENABLING ACT, WITHOUT REFERENCE TO
THE NATURE OR PURPOSE OF THE PROJECT, AND ANY OTHER STATUTORY
PROVISION, IF ANY, NECESSARY TO EFFECTUATE THE RELEASE OF FUNDS
APPROPRIATED IN SUCH ECONOMIC DEVELOPMENT CAPITAL BUDGET.
(C) PENNSYLVANIA GAMING ECONOMIC DEVELOPMENT AND TOURISM
FUND ASSESSMENT.--EACH LICENSED GAMING ENTITY SHALL PAY A DAILY
ASSESSMENT OF 5% OF ITS GROSS TERMINAL REVENUE FROM THE SLOT
MACHINES IN OPERATION AT ITS LICENSED FACILITY TO THE
PENNSYLVANIA GAMING ECONOMIC DEVELOPMENT AND TOURISM FUND.
(D) RESTRICTIONS ON PROJECTS FOR CERTAIN COUNTIES AND
CITIES.--EXCEPT AS SET FORTH IN SUBSECTION (D.1), [FOR A TEN-
YEAR PERIOD BEGINNING WITH THE FIRST FISCAL YEAR DURING WHICH
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DEPOSITS ARE MADE INTO THIS FUND], NO MONEYS FROM THE
PENNSYLVANIA GAMING ECONOMIC DEVELOPMENT AND TOURISM FUND SHALL
BE DISTRIBUTED FOR ANY PROJECT LOCATED IN A CITY OR COUNTY OF
THE FIRST OR SECOND CLASS EXCEPT AS AUTHORIZED BY THIS
SUBSECTION. MONEYS NOT USED FOR THE AUTHORIZED PROJECTS IN
CITIES AND COUNTIES OF THE FIRST AND SECOND CLASSES MAY BE USED
THROUGHOUT THIS COMMONWEALTH. MONEYS FROM THE FUND FOR PROJECTS
WITHIN CITIES AND COUNTIES OF THE FIRST AND SECOND CLASSES MAY
ONLY BE USED FOR THE FOLLOWING PROJECTS [DURING THIS TEN-YEAR
PERIOD]:
(1) FOR REIMBURSEMENT TO A CITY OF THE FIRST CLASS FOR
DEBT SERVICE MADE BY SUCH CITY TO THE EXTENT THAT SUCH
PAYMENTS HAVE BEEN MADE FOR THE EXPANSION OF THE PENNSYLVANIA
CONVENTION CENTER;
(2) FOR DISTRIBUTION TO THE GENERAL FUND TO THE EXTENT
THAT THE COMMONWEALTH HAS MADE DEBT SERVICE PAYMENTS FOR THE
EXPANSION OF THE PENNSYLVANIA CONVENTION CENTER;
(3) FOR REIMBURSEMENT TO A CITY OF THE FIRST CLASS FOR
PAYMENTS MADE BY SUCH CITY FOR THE OPERATION EXPENSES OF THE
PENNSYLVANIA CONVENTION CENTER DURING THE PRIOR CALENDAR
YEAR;
(4) FOR DEBT SERVICE AND FOR DEVELOPMENT AND ECONOMIC
DEVELOPMENT PROJECTS FOR AN INTERNATIONAL AIRPORT LOCATED IN
A COUNTY OF THE SECOND CLASS;
(5) FOR DISTRIBUTION TO A COMMUNITY INFRASTRUCTURE
DEVELOPMENT FUND OF A COUNTY OF THE SECOND CLASS TO FUND
CONSTRUCTION, DEVELOPMENT, IMPROVEMENT AND MAINTENANCE OF
INFRASTRUCTURE PROJECTS;
(6) FOR THE RETIREMENT OF THE INDEBTEDNESS OF AN URBAN
REDEVELOPMENT AUTHORITY CREATED PURSUANT TO THE ACT OF MAY
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24, 1945 (P.L.991, NO.385), KNOWN AS THE URBAN REDEVELOPMENT
LAW, IN A CITY OF THE SECOND CLASS WHICH IS FINANCED IN PART
WITH THE UTILIZATION OF FUNDS TRANSFERRED TO THE REGIONAL
ASSET DISTRICT PURSUANT TO ARTICLE XXXI-B OF THE ACT OF JULY
28, 1953 (P.L.723, NO.230), KNOWN AS THE SECOND CLASS COUNTY
CODE;
(8) FOR RETIREMENT OF INDEBTEDNESS OF A COUNTY OF THE
SECOND CLASS DEVELOPMENT FUND CREATED PURSUANT TO THE
AUTHORITY OF ARTICLE XXXI-B OF THE SECOND CLASS COUNTY CODE
AND THE URBAN REDEVELOPMENT LAW;
(9) FOR RETIREMENT OF INDEBTEDNESS OF A CONVENTION
CENTER IN A CITY OF THE SECOND CLASS ESTABLISHED PURSUANT TO
THE AUTHORITY OF THE PUBLIC AUDITORIUM AUTHORITIES LAW;
(10) FOR PAYMENT OF THE OPERATING DEFICIT FOR THE
OPERATION OF A CONVENTION CENTER IN A CITY OF THE SECOND
CLASS ESTABLISHED PURSUANT TO THE PUBLIC AUDITORIUM
AUTHORITIES LAW.
(D.1) COMMUNITY AND ECONOMIC DEVELOPMENT.--
(1) NOTWITHSTANDING SUBSECTION (B) OR ANY OTHER
PROVISION OF LAW TO THE CONTRARY, THE MONEY AUTHORIZED BUT
NOT EXPENDED UNDER FORMER SUBSECTION (D)(7) AS OF THE
EFFECTIVE DATE OF THIS SUBSECTION SHALL BE DEPOSITED INTO A
RESTRICTED RECEIPTS ACCOUNT TO BE ESTABLISHED IN THE
COMMONWEALTH FINANCING AUTHORITY EXCLUSIVELY FOR ELIGIBLE
APPLICATIONS SUBMITTED BY THE REDEVELOPMENT AUTHORITY OF A
COUNTY OF THE SECOND CLASS CREATED PURSUANT TO THE ACT OF MAY
24, 1945 (P.L.991, NO.385), KNOWN AS THE URBAN REDEVELOPMENT
LAW, FOR ECONOMIC DEVELOPMENT, INFRASTRUCTURE DEVELOPMENT,
JOB TRAINING, COMMUNITY IMPROVEMENT, PUBLIC SAFETY OR OTHER
PROJECTS IN THE PUBLIC INTEREST LOCATED IN A COUNTY OF THE
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SECOND CLASS. COMMUNITY DEVELOPMENT CORPORATIONS, POLITICAL
SUBDIVISIONS, URBAN REDEVELOPMENT AUTHORITIES, MUNICIPAL
AUTHORITIES, FOR-PROFIT ENTITIES AND NONPROFIT ENTITIES
LOCATED IN A COUNTY OF THE SECOND CLASS SHALL BE ELIGIBLE TO
RECEIVE FUNDS MADE AVAILABLE UNDER THIS PARAGRAPH.
(2) NOTWITHSTANDING THE CAPITAL FACILITIES DEBT ENABLING
ACT, FUNDING UNDER THE PARAGRAPH (1) MAY BE UTILIZED AS LOCAL
MATCHING FUNDS FOR GRANTS OR LOANS FROM THE COMMONWEALTH.
(E) ANNUAL REPORT.--THE OFFICE OF THE BUDGET, IN COOPERATION
WITH THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT AND
THE COMMONWEALTH FINANCING AUTHORITY, SHALL SUBMIT AN ANNUAL
REPORT OF ALL DISTRIBUTION OF FUNDS UNDER THIS SECTION TO THE
CHAIRMAN AND MINORITY CHAIRMAN OF THE APPROPRIATIONS COMMITTEE
OF THE SENATE, THE CHAIRMAN AND MINORITY CHAIRMAN OF THE
COMMUNITY, ECONOMIC AND RECREATIONAL DEVELOPMENT COMMITTEE OF
THE SENATE, THE CHAIRMAN AND MINORITY CHAIRMAN OF THE
APPROPRIATIONS COMMITTEE OF THE HOUSE OF REPRESENTATIVES AND THE
CHAIRMAN AND MINORITY CHAIRMAN OF THE GAMING OVERSIGHT COMMITTEE
OF THE HOUSE OF REPRESENTATIVES. THE REPORT SHALL INCLUDE
DETAILED INFORMATION RELATING TO TRANSFERS MADE FROM THE
PENNSYLVANIA GAMING ECONOMIC DEVELOPMENT AND TOURISM FUND AND
ALL REIMBURSEMENTS, DISTRIBUTIONS AND PAYMENTS MADE UNDER
SUBSECTION (B) OR THE ACT OF JULY 25, 2007 (P.L.342, NO.53),
KNOWN AS PENNSYLVANIA GAMING ECONOMIC DEVELOPMENT AND TOURISM
FUND CAPITAL BUDGET ITEMIZATION ACT OF 2007. THE REPORT SHALL BE
SUBMITTED BY AUGUST 31, 2010, AND BY AUGUST 31 OF EACH YEAR
THEREAFTER.
(F) LOCAL REPORT.--A CITY OF THE FIRST CLASS, CITY OF THE
SECOND CLASS, COUNTY OF THE SECOND CLASS, CONVENTION CENTER OR
CONVENTION CENTER AUTHORITY, SPORTS AND EXHIBITION AUTHORITY OF
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A COUNTY OF THE SECOND CLASS, URBAN REDEVELOPMENT AUTHORITY,
AIRPORT AUTHORITY OR OTHER ENTITY THAT RECEIVES MONEY FROM THE
FUND PURSUANT TO AN ECONOMIC DEVELOPMENT CAPITAL BUDGET UNDER
SUBSECTION (B) OR THE PENNSYLVANIA GAMING ECONOMIC DEVELOPMENT
AND TOURISM FUND CAPITAL BUDGET ITEMIZATION ACT OF 2007 SHALL
SUBMIT AN ANNUAL REPORT TO THE OFFICE OF THE BUDGET. THE REPORT
SHALL INCLUDE DETAILED INFORMATION, INCLUDING RECORDS OF
EXPENDITURES, PAYMENTS AND OTHER DISTRIBUTIONS MADE FROM FUNDS
RECEIVED UNDER SUBSECTION (B). THE INITIAL REPORT SHALL INCLUDE
INFORMATION ON ALL FUNDS RECEIVED PRIOR TO AUGUST 31, 2010. THE
REPORT SHALL BE SUBMITTED BY AUGUST 31, 2010, AND BY AUGUST 31
OF EACH YEAR THEREAFTER UNTIL ALL FUNDS UNDER THIS SECTION ARE
DISTRIBUTED OR RECEIVED. AN ENTITY THAT RECEIVES FUNDS FOR THE
FIRST TIME AFTER THE EFFECTIVE DATE OF THIS SECTION SHALL SUBMIT
ITS INITIAL REPORT BY AUGUST 31 OF THE YEAR FOLLOWING RECEIPT OF
THE FUNDS.
(G) DISTRIBUTION TO INTERNATIONAL AIRPORT.--NOTWITHSTANDING
THE PROVISIONS OF SECTION 7(D) OF THE PENNSYLVANIA GAMING
ECONOMIC DEVELOPMENT AND TOURISM FUND CAPITAL BUDGET ITEMIZATION
ACT OF 2007, FOLLOWING THE DISTRIBUTION OF $42.5 MILLION OF
FUNDS ALLOCATED TO A COUNTY OF THE SECOND CLASS FOR DEBT SERVICE
AND ECONOMIC DEVELOPMENT PROJECTS FOR AN INTERNATIONAL AIRPORT
IN THE COUNTY UNDER SECTION 3(2)(I)(E) OF THE PENNSYLVANIA
GAMING ECONOMIC DEVELOPMENT AND TOURISM FUND CAPITAL BUDGET
ITEMIZATION ACT OF 2007, ALL REMAINING FUNDS SHALL BE
DISTRIBUTED DIRECTLY TO AN AUTHORITY THAT OPERATES AN
INTERNATIONAL AIRPORT IN THE COUNTY.
(H) DEFINITION.--FOR THE PURPOSES OF THIS SECTION, THE TERM
"LICENSED FACILITY" SHALL NOT INCLUDE THE PHYSICAL LAND-BASED
LOCATION AT WHICH A LICENSED GAMING ENTITY IS AUTHORIZED TO
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PLACE AND OPERATE SLOT MACHINES IN A NONPRIMARY LOCATION UNDER
CHAPTER 13D (RELATING TO SLOT MACHINES AT NONPRIMARY LOCATIONS)
OR IN A QUALIFIED AIRPORT UNDER CHAPTER 13E (RELATING TO SLOT
MACHINES IN QUALIFIED AIRPORTS).
SECTION 20. TITLE 4 IS AMENDED BY ADDING A SECTION TO READ:
§ 1410. PUBLIC SCHOOL EMPLOYEES' RETIREMENT CONTRIBUTION FUND.
(A) ESTABLISHMENT.--THE PUBLIC SCHOOL EMPLOYEES' RETIREMENT
CONTRIBUTION FUND IS ESTABLISHED WITHIN THE STATE TREASURY.
(B) CONTENTS OF FUND.--THE FUND SHALL CONTAIN THE MONEY
TRANSFERRED TO THE FUND UNDER SUBSECTION (C) AND ANY OTHER MONEY
TRANSFERRED TO OR DEPOSITED INTO THE FUND.
(C) TRANSFERS TO FUND.--NOTWITHSTANDING ANY PROVISION OF
THIS PART, THE FOLLOWING SHALL APPLY:
(1) FOR THE 2016-2017 FISCAL YEAR, $303,000,000 OF THE
RECEIPTS DEPOSITED INTO THE GENERAL FUND UNDER CHAPTERS 13A
(RELATING TO TABLE GAMES), 13B (RELATING TO INTERACTIVE
GAMING ), 13D (RELATING TO SLOT MACHINES AT NONPRIMARY
LOCATIONS ) AND 13E (RELATING TO SLOT MACHINES IN QUALIFIED
AIRPORTS) SHALL BE TRANSFERRED ANNUALLY TO THE FUND. THE
TRANSFERS REQUIRED BY THIS PARAGRAPH SHALL BE MADE IN EQUAL
MONTHLY AMOUNTS BY THE 20TH DAY OF EACH MONTH FOLLOWING THE
EFFECTIVE DATE OF THIS PARAGRAPH.
(2) FOR THE 2017-2018 FISCAL YEAR AND EACH FISCAL YEAR
THEREAFTER, $310,000,000 OF THE RECEIPTS DEPOSITED INTO THE
GENERAL FUND UNDER CHAPTERS 13A, 13B, 13D AND 13E SHALL BE
TRANSFERRED ANNUALLY TO THE FUND. THE TRANSFERS REQUIRED BY
THIS PARAGRAPH SHALL BE MADE IN EQUAL MONTHLY AMOUNTS BY THE
20TH DAY OF EACH MONTH.
(D) USE OF MONEY IN FUND.--MONEY IN THE FUND IS HEREBY
APPROPRIATED TO THE DEPARTMENT OF EDUCATION AS AN AUGMENTATION
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TO THE APPROPRIATION FOR REQUIRED CONTRIBUTION FOR PUBLIC SCHOOL
EMPLOYEES' RETIREMENT.
(E) DEFINITION.--AS USED IN THIS SECTION, THE TERM "FUND"
MEANS THE PUBLIC SCHOOL EMPLOYEES' RETIREMENT CONTRIBUTION FUND.
SECTION 21. SECTIONS 1501(B) AND 1509(C) OF TITLE 4 ARE
AMENDED TO READ:
§ 1501. RESPONSIBILITY AND AUTHORITY OF DEPARTMENT.
* * *
(B) APPLICATION OF RULES AND REGULATIONS.--THE DEPARTMENT
MAY PRESCRIBE THE EXTENT, IF ANY, TO WHICH ANY RULES AND
REGULATIONS SHALL BE APPLIED WITHOUT RETROACTIVE EFFECT. THE
DEPARTMENT SHALL HAVE AUTHORITY TO PRESCRIBE THE FORMS AND THE
SYSTEM OF ACCOUNTING AND RECORDKEEPING TO BE EMPLOYED AND
THROUGH ITS REPRESENTATIVE SHALL AT ALL TIMES HAVE POWER OF
ACCESS TO AND EXAMINATION AND AUDIT OF ANY EQUIPMENT AND RECORDS
RELATING TO ALL ASPECTS OF THE OPERATION OF SLOT MACHINES [AND],
INCLUDING SLOT MACHINES AT NONPRIMARY LOCATIONS AND QUALIFIED
AIRPORTS, TABLE GAMES, CASINO SIMULCASTING AND INTERACTIVE
GAMING UNDER THIS PART.
* * *
§ 1509. COMPULSIVE AND PROBLEM GAMBLING PROGRAM.
* * *
(C) NOTICE OF AVAILABILITY OF ASSISTANCE.--
(1) EACH SLOT MACHINE LICENSEE SHALL OBTAIN A TOLL-FREE
TELEPHONE NUMBER TO BE USED TO PROVIDE PERSONS WITH
INFORMATION ON ASSISTANCE FOR COMPULSIVE OR PROBLEM GAMBLING.
EACH LICENSEE SHALL CONSPICUOUSLY POST AT LEAST 20 SIGNS
SIMILAR TO THE FOLLOWING STATEMENT:
IF YOU OR SOMEONE YOU KNOW HAS A GAMBLING PROBLEM, HELP
IS AVAILABLE. CALL (TOLL-FREE TELEPHONE NUMBER).
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THE SIGNS MUST BE POSTED WITHIN 50 FEET OF EACH ENTRANCE AND
EXIT, WITHIN 50 FEET OF EACH AUTOMATED TELLER MACHINE
LOCATION WITHIN THE LICENSED FACILITY AND IN OTHER
APPROPRIATE PUBLIC AREAS OF THE LICENSED FACILITY, INCLUDING
AREAS OF A CASINO SIMULCASTING FACILITY, AS DETERMINED BY THE
SLOT MACHINE LICENSEE.
(2) EACH RACETRACK WHERE SLOT MACHINES OR TABLE GAMES
ARE OPERATED SHALL PRINT A STATEMENT ON DAILY RACING PROGRAMS
PROVIDED TO THE GENERAL PUBLIC THAT IS SIMILAR TO THE
FOLLOWING:
IF YOU OR SOMEONE YOU KNOW HAS A GAMBLING PROBLEM, HELP
IS AVAILABLE. CALL (TOLL-FREE TELEPHONE NUMBER).
(2.1) EACH INTERACTIVE GAMING CERTIFICATE HOLDER,
INTERACTIVE GAMING OPERATOR OR OTHER PERSON THAT OPERATES
INTERACTIVE GAMING OR AN INTERACTIVE GAMING SYSTEM ON BEHALF
OF AN INTERACTIVE GAMING CERTIFICATE HOLDER:
(I) SHALL CAUSE THE WORDS:
IF YOU OR SOMEONE YOU KNOW HAS A GAMBLING PROBLEM,
HELP IS AVAILABLE. CALL (TOLL-FREE TELEPHONE NUMBER).
OR SOME COMPARABLE LANGUAGE APPROVED BY THE BOARD, WHICH
LANGUAGE SHALL INCLUDE THE WORDS "GAMBLING PROBLEM" AND
"CALL 1-800-XXXX," TO BE PROMINENTLY AND CONTINUOUSLY
DISPLAYED TO ANY PERSON VISITING OR LOGGED ONTO THE
INTERACTIVE GAMING CERTIFICATE HOLDER'S INTERACTIVE
GAMING SKIN OR INTERNET WEBSITE.
(II) SHALL PROVIDE A MECHANISM BY WHICH AN
INTERACTIVE GAMING ACCOUNT HOLDER MAY ESTABLISH THE
FOLLOWING CONTROLS ON WAGERING ACTIVITY THROUGH THE
INTERACTIVE GAMING ACCOUNT:
(A) A LIMIT ON THE AMOUNT OF MONEY LOST WITHIN A
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SPECIFIED PERIOD OF TIME AND THE LENGTH OF TIME THE
ACCOUNT HOLDER WILL BE UNABLE TO PARTICIPATE IN
GAMING IF THE HOLDER REACHES THE ESTABLISHED LOSS
LIMIT.
(B) A LIMIT ON THE MAXIMUM AMOUNT OF ANY SINGLE
WAGER ON ANY INTERACTIVE GAME.
(C) A TEMPORARY SUSPENSION OF INTERACTIVE GAMING
THROUGH THE ACCOUNT FOR ANY NUMBER OF HOURS OR DAYS.
(III) SHALL NOT MAIL OR OTHERWISE FORWARD ANY
GAMING-RELATED PROMOTIONAL MATERIAL OR E-MAIL TO A
REGISTERED PLAYER DURING ANY PERIOD IN WHICH INTERACTIVE
GAMING THROUGH THE REGISTERED PLAYERS' INTERACTIVE GAMING
ACCOUNT HAS BEEN SUSPENDED OR TERMINATED. THE INTERACTIVE
GAMING CERTIFICATE HOLDER SHALL PROVIDE A MECHANISM BY
WHICH A REGISTERED PLAYER MAY CHANGE THE CONTROLS, EXCEPT
THAT, WHILE INTERACTIVE GAMING THROUGH THE INTERACTIVE
GAMING ACCOUNT IS SUSPENDED, THE REGISTERED PLAYER MAY
NOT CHANGE GAMING CONTROLS UNTIL THE SUSPENSION EXPIRES,
BUT THE REGISTERED PLAYER SHALL CONTINUE TO HAVE ACCESS
TO THE ACCOUNT AND SHALL BE PERMITTED TO WITHDRAW FUNDS
FROM THE ACCOUNT UPON PROPER APPLICATION FOR THE FUNDS TO
THE INTERACTIVE GAMING CERTIFICATE HOLDER.
(3) A [LICENSED FACILITY] LICENSED GAMING ENTITY WHICH
FAILS TO POST OR PRINT THE WARNING SIGN IN ACCORDANCE WITH
PARAGRAPH (1) [OR], (2) OR (2.1)(I) SHALL BE ASSESSED A FINE
OF $1,000 A DAY FOR EACH DAY THE MINIMUM NUMBER OF SIGNS ARE
NOT POSTED OR THE REQUIRED STATEMENT IS NOT PRINTED AS
PROVIDED IN THIS SUBSECTION.
(4) AN INTERACTIVE GAMING CERTIFICATE HOLDER OR
INTERACTIVE GAMING LICENSE HOLDER, AS THE CASE MAY BE, THAT
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FAILS TO ESTABLISH THE MECHANISMS, CONTROLS AND SYSTEMS IN
ACCORDANCE WITH PARAGRAPH (2.1)(II) AND (III) SHALL BE
ASSESSED A FINE OF NOT LESS THAN $5,000 PER DAY FOR EACH DAY
THE MECHANISMS, CONTROLS AND SYSTEMS ARE NOT AVAILABLE TO
INTERACTIVE GAMING ACCOUNT HOLDERS.
* * *
SECTION 22. TITLE 4 IS AMENDED BY ADDING A SECTION TO READ:
§ 1509.2. CHILD ENDANGERMENT PROTECTION.
(A) POSTING OF SIGNS.--THE FOLLOWING SHALL APPLY:
(1) EACH LICENSED GAMING ENTITY SHALL POST THE NECESSARY
SIGNAGE TO NOTIFY PATRONS OF THE PROHIBITION AGAINST LEAVING
A CHILD UNATTENDED IN A VEHICLE UNDER SECTION 1518(A)(18)
(RELATING TO PROHIBITED ACTS; PENALTIES) AND UNDERAGE
GAMBLING UNDER SECTION 1518(A)(13) AND (13.1) AND THE PENALTY
FOR VIOLATIONS.
(2) THE SIGNS SHALL BE CONSPICUOUSLY POSTED IN CLEAR
VIEW OF ALL PARKING AREAS AND OTHER PUBLIC AREAS OF THE
LICENSED FACILITY AND, INCLUDING WHERE APPLICABLE, NONPRIMARY
LOCATIONS, AS DETERMINED BY THE LICENSED GAMING ENTITY AND
APPROVED BY THE BOARD.
(3) THE BOARD SHALL DETERMINE THE WRITTEN CONTENT AND
MINIMUM NUMBER OF SIGNS TO BE POSTED AT EACH LICENSED
FACILITY.
(B) FINE.--A LICENSED GAMING ENTITY THAT FAILS TO POST
SIGNAGE IN ACCORDANCE WITH SUBSECTION (A) SHALL BE ASSESSED A
FINE OF $1,000 PER DAY FOR EACH DAY THE MINIMUM NUMBER OF SIGNS
AS PRESCRIBED BY THE BOARD ARE NOT POSTED.
SECTION 23. SECTION 1512 OF TITLE 4 IS AMENDED BY ADDING A
SUBSECTION TO READ:
§ 1512. FINANCIAL AND EMPLOYMENT INTERESTS.
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* * *
(A.6) PROHIBITION RELATED TO INTERACTIVE GAMING.--
(1) EXCEPT AS MAY BE PROVIDED BY RULE OR ORDER OF THE
PENNSYLVANIA SUPREME COURT AND EXCEPT AS PROVIDED IN SECTION
1202.1 (RELATING TO CODE OF CONDUCT) OR 1512.1 (RELATING TO
ADDITIONAL RESTRICTIONS), NO EXECUTIVE-LEVEL PUBLIC EMPLOYEE,
PUBLIC OFFICIAL OR PARTY OFFICER OR IMMEDIATE FAMILY MEMBER
THEREOF SHALL HOLD, DIRECTLY OR INDIRECTLY, A FINANCIAL
INTEREST IN, BE EMPLOYED BY OR REPRESENT, APPEAR FOR, OR
NEGOTIATE ON BEHALF OF, OR DERIVE ANY REMUNERATION, PAYMENT,
BENEFIT OR ANY OTHER THING OF VALUE FOR ANY SERVICES,
INCLUDING, BUT NOT LIMITED TO, CONSULTING OR SIMILAR SERVICES
FROM ANY HOLDER OF OR APPLICANT FOR AN INTERACTIVE GAMING
CERTIFICATE, HOLDER OR APPLICANT FOR AN INTERACTIVE GAMING
LICENSE OR OTHER AUTHORIZATION TO CONDUCT INTERACTIVE GAMING
OR ANY HOLDING, SUBSIDIARY OR INTERMEDIARY COMPANY WITH
RESPECT THERETO, OR ANY BUSINESS, ASSOCIATION, ENTERPRISE OR
OTHER ENTITY THAT IS ORGANIZED IN WHOLE OR IN PART FOR THE
PURPOSE OF PROMOTING, ADVOCATING FOR OR ADVANCING THE
INTERESTS OF THE INTERACTIVE GAMING INDUSTRY GENERALLY OR ANY
INTERACTIVE GAMING-RELATED BUSINESS OR BUSINESSES IN
CONNECTION WITH ANY CAUSE, APPLICATION OR MATTER. THE
FINANCIAL INTEREST AND EMPLOYMENT PROHIBITIONS UNDER THIS
PARAGRAPH SHALL REMAIN IN EFFECT FOR ONE YEAR FOLLOWING
TERMINATION OF THE INDIVIDUAL'S STATUS AS AN EXECUTIVE-LEVEL
PUBLIC EMPLOYEE, PUBLIC OFFICIAL OR PARTY OFFICER.
(2) NOTWITHSTANDING PARAGRAPH (1), A MEMBER OF THE
IMMEDIATE FAMILY OF AN EXECUTIVE-LEVEL PUBLIC EMPLOYEE,
PUBLIC OFFICIAL OR PARTY OFFICER MAY HOLD EMPLOYMENT WITH THE
HOLDER OF OR APPLICANT FOR AN INTERACTIVE GAMING CERTIFICATE,
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HOLDER OR APPLICANT FOR AN INTERACTIVE GAMING LICENSE OR
OTHER AUTHORIZATION TO CONDUCT INTERACTIVE GAMING OR ANY
HOLDING, SUBSIDIARY OR INTERMEDIARY COMPANY WITH RESPECT
THERETO, IF IN THE JUDGMENT OF THE STATE ETHICS COMMISSION OR
THE SUPREME COURT, AS APPROPRIATE, EMPLOYMENT WILL NOT
INTERFERE WITH THE RESPONSIBILITIES OF THE EXECUTIVE-LEVEL
PUBLIC EMPLOYEE, PUBLIC OFFICIAL OR PARTY OFFICER AND WILL
NOT CREATE A CONFLICT OF INTEREST OR REASONABLE RISK OF THE
PUBLIC PERCEPTION OF A CONFLICT OF INTEREST ON THE PART OF
THE EXECUTIVE-LEVEL PUBLIC EMPLOYEE, PUBLIC OFFICIAL OR PARTY
OFFICER.
(3) THE FINANCIAL INTEREST AND EMPLOYMENT PROHIBITIONS
SPECIFIED IN PARAGRAPHS (1) AND (2) SHALL APPLY TO CASINO
SIMULCASTING UNDER CHAPTER 13F (RELATING TO CASINO
SIMULCASTING), SLOT MACHINES AT NONPRIMARY LOCATIONS UNDER
CHAPTER 13D (RELATING TO SLOT MACHINES AT NONPRIMARY
LOCATIONS) AND AIRPORT GAMING UNDER CHAPTER 13-E (RELATING TO
SLOT MACHINES IN QUALIFIED AIRPORTS).
* * *
SECTION 24. SECTIONS 1513(A), 1514 HEADING, (A), (D), (E)
AND (F), 1515, 1516 AND 1517(B)(1), (C)(12) AND (E)(1) OF TITLE
4 ARE AMENDED TO READ:
§ 1513. POLITICAL INFLUENCE.
(A) CONTRIBUTION RESTRICTION.--THE FOLLOWING PERSONS SHALL
BE PROHIBITED FROM CONTRIBUTING ANY MONEY OR IN-KIND
CONTRIBUTION TO A CANDIDATE FOR NOMINATION OR ELECTION TO ANY
PUBLIC OFFICE IN THIS COMMONWEALTH, OR TO ANY POLITICAL PARTY
COMMITTEE OR OTHER POLITICAL COMMITTEE IN THIS COMMONWEALTH OR
TO ANY GROUP, COMMITTEE OR ASSOCIATION ORGANIZED IN SUPPORT OF A
CANDIDATE, POLITICAL PARTY COMMITTEE OR OTHER POLITICAL
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COMMITTEE IN THIS COMMONWEALTH:
(1) AN APPLICANT FOR A SLOT MACHINE LICENSE,
MANUFACTURER LICENSE, SUPPLIER LICENSE, PRINCIPAL LICENSE,
KEY EMPLOYEE LICENSE, INTERACTIVE GAMING LICENSE OR HORSE OR
HARNESS RACING LICENSE.
(2) A SLOT MACHINE LICENSEE, LICENSED MANUFACTURER,
LICENSED SUPPLIER, INTERACTIVE GAMING OPERATOR OR LICENSED
RACING ENTITY.
(3) A LICENSED PRINCIPAL OR LICENSED KEY EMPLOYEE OF A
SLOT MACHINE LICENSEE, LICENSED MANUFACTURER, LICENSED
SUPPLIER, INTERACTIVE GAMING OPERATOR OR LICENSED RACING
ENTITY.
(4) AN AFFILIATE, INTERMEDIARY, SUBSIDIARY OR HOLDING
COMPANY OF A SLOT MACHINE LICENSEE, LICENSED MANUFACTURER,
LICENSED SUPPLIER, INTERACTIVE GAMING OPERATOR OR LICENSED
RACING ENTITY.
(5) A LICENSED PRINCIPAL OR LICENSED KEY EMPLOYEE OF AN
AFFILIATE, INTERMEDIARY, SUBSIDIARY OR HOLDING COMPANY OF A
SLOT MACHINE LICENSEE, LICENSED MANUFACTURER, LICENSED
SUPPLIER, INTERACTIVE GAMING OPERATOR OR LICENSED RACING
ENTITY.
(6) A PERSON WHO HOLDS A SIMILAR GAMING LICENSE IN
ANOTHER JURISDICTION AND THE AFFILIATES, INTERMEDIARIES,
SUBSIDIARIES, HOLDING COMPANIES, PRINCIPALS OR KEY EMPLOYEES
THEREOF.
* * *
§ 1514. REGULATION REQUIRING EXCLUSION [OR], EJECTION OR DENIAL
OF ACCESS OF CERTAIN PERSONS.
(A) GENERAL RULE.--THE BOARD SHALL BY REGULATION PROVIDE FOR
THE ESTABLISHMENT OF A LIST OF PERSONS WHO ARE TO BE EXCLUDED OR
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EJECTED FROM ANY LICENSED FACILITY OR WHO MAY BE DENIED ACCESS
TO INTERACTIVE GAMING, CASINO SIMULCASTING OR SLOT MACHINES AT
NONPRIMARY LOCATIONS. THE PROVISIONS SHALL DEFINE THE STANDARDS
FOR EXCLUSION AND SHALL INCLUDE STANDARDS RELATING TO PERSONS
WHO ARE CAREER OR PROFESSIONAL OFFENDERS AS DEFINED BY
REGULATIONS OF THE BOARD OR WHOSE PRESENCE IN A LICENSED
FACILITY OR WHOSE ACCESS TO INTERACTIVE GAMING, CASINO
SIMULCASTING AND SLOT MACHINES AT NONPRIMARY LOCATIONS WOULD, IN
THE OPINION OF THE BOARD, BE INIMICAL TO THE INTEREST OF THE
COMMONWEALTH OR OF LICENSED GAMING THEREIN, OR BOTH.
* * *
(D) SANCTIONS.--THE BOARD MAY IMPOSE SANCTIONS UPON A
LICENSED GAMING ENTITY OR INTERACTIVE GAMING LICENSEE IN
ACCORDANCE WITH THIS PART IF THE LICENSED GAMING ENTITY
KNOWINGLY FAILS TO EXCLUDE OR EJECT FROM THE PREMISES OF ANY
LICENSED FACILITY OR DENY ACCESS TO INTERACTIVE GAMING, CASINO
SIMULCASTING OR TO SLOT MACHINES AT A NONPRIMARY LOCATION ANY
PERSON PLACED BY THE BOARD ON THE LIST OF PERSONS TO BE EXCLUDED
[OR], EJECTED OR DENIED ACCESS.
(E) LIST NOT ALL-INCLUSIVE.--ANY LIST COMPILED BY THE BOARD
OF PERSONS TO BE EXCLUDED [OR], EJECTED OR DENIED ACCESS SHALL
NOT BE DEEMED AN ALL-INCLUSIVE LIST, AND A LICENSED GAMING
ENTITY SHALL HAVE A DUTY TO KEEP FROM THE LICENSED FACILITY AND
FROM INTERACTIVE GAMING, CASINO SIMULCASTING AND SLOT MACHINES
AT A NONPRIMARY LOCATION PERSONS KNOWN TO IT TO BE WITHIN THE
CLASSIFICATIONS DECLARED IN THIS SECTION AND THE REGULATIONS
PROMULGATED UNDER THIS SECTION WHOSE PRESENCE IN A LICENSED
FACILITY OR WHOSE PARTICIPATION IN INTERACTIVE GAMING, CASINO
SIMULCASTING AND THE PLAY OF SLOT MACHINES AT A NONPRIMARY
LOCATION WOULD BE INIMICAL TO THE INTEREST OF THE COMMONWEALTH
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OR OF LICENSED GAMING THEREIN, OR BOTH, AS DEFINED IN STANDARDS
ESTABLISHED BY THE BOARD.
(F) NOTICE.--WHENEVER THE BUREAU SEEKS TO PLACE THE NAME OF
ANY PERSON ON A LIST PURSUANT TO THIS SECTION, THE BUREAU SHALL
SERVE NOTICE OF THIS FACT TO SUCH PERSON BY PERSONAL SERVICE OR
CERTIFIED MAIL AT THE LAST KNOWN ADDRESS OF THE PERSON. THE
NOTICE SHALL INFORM THE PERSON OF THE RIGHT TO REQUEST A HEARING
UNDER SUBSECTION (G). THE BUREAU MAY ALSO PROVIDE NOTICE BY E-
MAIL, IF THE ELECTRONIC MAIL ADDRESS OF THE PERSON IS KNOWN TO
THE BUREAU.
* * *
§ 1515. REPEAT OFFENDERS EXCLUDABLE FROM LICENSED GAMING
FACILITY.
A LICENSED GAMING ENTITY MAY EXCLUDE OR EJECT FROM ITS
LICENSED FACILITY OR DENY ACCESS TO INTERACTIVE GAMING, CASINO
SIMULCASTING AND SLOT MACHINES AT A NONPRIMARY LOCATION ANY
PERSON WHO IS KNOWN TO IT TO HAVE BEEN CONVICTED OF A
MISDEMEANOR OR FELONY COMMITTED IN OR ON THE PREMISES OF ANY
LICENSED FACILITY. NOTHING IN THIS SECTION OR IN ANY OTHER LAW
OF THIS COMMONWEALTH SHALL LIMIT THE RIGHT OF A LICENSED GAMING
ENTITY TO EXERCISE ITS COMMON LAW RIGHT TO EXCLUDE OR EJECT
PERMANENTLY FROM ITS LICENSED FACILITY OR PERMANENTLY DENY
ACCESS TO ITS INTERACTIVE GAMING, CASINO SIMULCASTING AND SLOT
MACHINES AT A NONPRIMARY LOCATION ANY PERSON WHO DISRUPTS THE
OPERATIONS OF ITS PREMISES OR ITS INTERACTIVE GAMING, CASINO
SIMULCASTING OR THE OPERATION OF SLOT MACHINES AT A NONPRIMARY
LOCATION, THREATENS THE SECURITY OF ITS PREMISES OR ITS
OCCUPANTS OR IS DISORDERLY OR INTOXICATED[.] OR WHO THREATENS
THE SECURITY OF ITS LICENSED FACILITY, INCLUDING THE AREA OF A
NONPRIMARY LOCATION WHERE SLOT MACHINES ARE PLACED AND MADE
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AVAILABLE FOR PLAY OR THE AREA OF A LICENSED FACILITY WHERE
INTERACTIVE GAMING OPERATIONS ARE MANAGED, ADMINISTERED OR
CONTROLLED OR CASINO SIMULCASTING IS CONDUCTED.
§ 1516. LIST OF PERSONS SELF EXCLUDED FROM GAMING ACTIVITIES.
(A) GENERAL RULE.--THE BOARD SHALL PROVIDE BY REGULATION FOR
THE ESTABLISHMENT OF A LIST OF PERSONS SELF EXCLUDED FROM GAMING
ACTIVITIES, INCLUDING INTERACTIVE GAMING, CASINO SIMULCASTING
AND THE PLAY OF SLOT MACHINES AT NONPRIMARY LOCATIONS, AT ALL
LICENSED FACILITIES. ANY PERSON MAY REQUEST PLACEMENT ON THE
LIST OF SELF-EXCLUDED PERSONS BY ACKNOWLEDGING IN A MANNER TO BE
ESTABLISHED BY THE BOARD THAT THE PERSON IS A PROBLEM GAMBLER
AND BY AGREEING THAT, DURING ANY PERIOD OF VOLUNTARY EXCLUSION,
THE PERSON MAY NOT COLLECT ANY WINNINGS OR RECOVER ANY LOSSES
RESULTING FROM ANY GAMING ACTIVITY AT LICENSED FACILITIES,
INCLUDING INTERACTIVE GAMING, CASINO SIMULCASTING AND THE PLAY
OF SLOT MACHINES AT A NONPRIMARY LOCATION.
(B) REGULATIONS.--THE REGULATIONS OF THE BOARD SHALL
ESTABLISH PROCEDURES FOR PLACEMENTS ON AND REMOVALS FROM THE
LIST OF SELF-EXCLUDED PERSONS. THE REGULATIONS SHALL ESTABLISH
PROCEDURES FOR THE TRANSMITTAL TO LICENSED GAMING ENTITIES OF
IDENTIFYING INFORMATION CONCERNING SELF-EXCLUDED PERSONS AND
SHALL REQUIRE LICENSED GAMING ENTITIES TO ESTABLISH PROCEDURES
DESIGNED AT A MINIMUM TO DENY SELF-EXCLUDED PERSONS ACCESS TO
INTERACTIVE GAMING, CASINO SIMULCASTING AND THE PLAY OF SLOT
MACHINES AT NONPRIMARY LOCATIONS AND TO REMOVE SELF-EXCLUDED
PERSONS FROM TARGETED MAILINGS OR OTHER FORMS OF ADVERTISING OR
PROMOTIONS AND DENY SELF-EXCLUDED PERSONS ACCESS TO
COMPLIMENTARIES, CHECK CASHING PRIVILEGES, CLUB PROGRAMS AND
OTHER SIMILAR BENEFITS.
(C) LIABILITY.--A LICENSED GAMING ENTITY OR EMPLOYEE THEREOF
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SHALL NOT BE LIABLE TO ANY SELF-EXCLUDED PERSON OR TO ANY OTHER
PARTY IN ANY JUDICIAL PROCEEDING FOR ANY HARM, MONETARY OR
OTHERWISE, WHICH MAY ARISE AS A RESULT OF:
(1) THE FAILURE OF A LICENSED GAMING ENTITY TO WITHHOLD
GAMING PRIVILEGES FROM OR RESTORE GAMING PRIVILEGES TO A
SELF-EXCLUDED PERSON; [OR]
(1.1) THE FAILURE OF A INTERACTIVE GAMING CERTIFICATE
HOLDER OR INTERACTIVE GAMING LICENSEE TO WITHHOLD INTERACTIVE
GAMING PRIVILEGES FROM OR RESTORE INTERACTIVE GAMING
PRIVILEGES TO A SELF-EXCLUDED PERSON;
(1.2) THE FAILURE OF A CASINO SIMULCASTING PERMIT HOLDER
TO WITHHOLD CASINO SIMULCASTING PRIVILEGES FROM OR RESTORE
SUCH PRIVILEGES TO A SELF-EXCLUDED PERSON;
(1.3) THE FAILURE OF A CATEGORY 1 LICENSED GAMING ENTITY
TO WITHHOLD OR RESTORE ACCESS TO SLOT MACHINES AT A
NONPRIMARY LOCATION TO A SELF-EXCLUDED PERSON; OR
(2) OTHERWISE PERMITTING OR NOT PERMITTING A SELF-
EXCLUDED PERSON TO ENGAGE IN GAMING ACTIVITY IN THE FACILITY
OR PARTICIPATE IN INTERACTIVE GAMING, CASINO SIMULCASTING OR
SLOT MACHINE PLAY AT A NONPRIMARY LOCATION WHILE ON THE LIST
OF SELF-EXCLUDED PERSONS.
(D) DISCLOSURE.--NOTWITHSTANDING ANY OTHER LAW TO THE
CONTRARY, THE BOARD'S LIST OF SELF-EXCLUDED PERSONS SHALL NOT BE
OPEN TO PUBLIC INSPECTION. NOTHING IN THIS SECTION, HOWEVER,
SHALL BE CONSTRUED TO PROHIBIT A LICENSED GAMING ENTITY FROM
DISCLOSING THE IDENTITY OF PERSONS SELF EXCLUDED PURSUANT TO
THIS SECTION TO AFFILIATED GAMING ENTITIES IN THIS COMMONWEALTH
OR OTHER JURISDICTIONS FOR THE LIMITED PURPOSE OF ASSISTING IN
THE PROPER ADMINISTRATION OF RESPONSIBLE GAMING PROGRAMS
OPERATED BY AFFILIATED LICENSED GAMING ENTITIES.
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§ 1517. INVESTIGATIONS AND ENFORCEMENT.
* * *
(B) POWERS AND DUTIES OF DEPARTMENT.--
(1) THE DEPARTMENT SHALL AT ALL TIMES HAVE THE POWER OF
ACCESS TO EXAMINE AND AUDIT EQUIPMENT AND RECORDS RELATING TO
ALL ASPECTS OF THE OPERATION OF SLOT MACHINES [OR], INCLUDING
SLOT MACHINES AT NONPRIMARY LOCATIONS AND, CONSISTENT WITH
AIRPORT SECURITY RULES AND PROCEDURES, AT QUALIFIED AIRPORTS,
TABLE GAMES OR INTERACTIVE GAMES AND CASINO SIMULCASTING
UNDER THIS PART.
* * *
(C) POWERS AND DUTIES OF THE PENNSYLVANIA STATE POLICE.--THE
PENNSYLVANIA STATE POLICE SHALL HAVE THE FOLLOWING POWERS AND
DUTIES:
* * *
(12) CONDUCT AUDITS OR VERIFICATION OF INFORMATION OF
SLOT MACHINE [OR], TABLE GAME OPERATIONS, INCLUDING THE
OPERATION OF SLOT MACHINES USED IN A MULTISTATE WIDE-AREA
PROGRESSIVE SLOT MACHINE SYSTEM AND IN THE OPERATION OF SKILL
OR HYBRID SLOT MACHINES, INTERACTIVE GAMING OPERATIONS AND
CASINO SIMULCASTING OPERATIONS AND THE OPERATION OF SLOT
MACHINES AT A NONPRIMARY LOCATION AND IN THE SPECIFIED AREA
OF A QUALIFIED AIRPORT AT SUCH TIMES, UNDER SUCH
CIRCUMSTANCES AND TO SUCH EXTENT AS THE BUREAU DETERMINES.
THIS PARAGRAPH INCLUDES REVIEWS OF ACCOUNTING, ADMINISTRATIVE
AND FINANCIAL RECORDS AND MANAGEMENT CONTROL SYSTEMS,
PROCEDURES AND RECORDS UTILIZED BY A SLOT MACHINE LICENSEE.
* * *
(E) INSPECTION, SEIZURE AND WARRANTS.--
(1) THE BUREAU, THE DEPARTMENT AND THE PENNSYLVANIA
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STATE POLICE SHALL HAVE THE AUTHORITY WITHOUT NOTICE AND
WITHOUT WARRANT TO DO ALL OF THE FOLLOWING IN THE PERFORMANCE
OF THEIR DUTIES:
(I) INSPECT AND EXAMINE ALL PREMISES, INCLUDING THE
PREMISES OF A NONPRIMARY LOCATION AND THE SPECIFIED AREA
OF A QUALIFIED AIRPORT, CONSISTENT WITH AIRPORT SECURITY
RULES AND PROCEDURES, WHERE SLOT MACHINE [OR], TABLE GAME
AND INTERACTIVE GAMING AND CASINO SIMULCASTING OPERATIONS
ARE CONDUCTED, SLOT MACHINES, TABLE GAME DEVICES AND
ASSOCIATED EQUIPMENT, INTERACTIVE GAMING DEVICES AND
ASSOCIATED EQUIPMENT OR CASINO SIMULCASTING TECHNOLOGY OR
EQUIPMENT ARE MANUFACTURED, SOLD, DISTRIBUTED OR SERVICED
OR WHERE RECORDS OF THESE ACTIVITIES ARE PREPARED OR
MAINTAINED.
(II) INSPECT ALL EQUIPMENT AND SUPPLIES IN, ABOUT,
UPON OR AROUND PREMISES REFERRED TO IN SUBPARAGRAPH (I).
(III) SEIZE, SUMMARILY REMOVE AND IMPOUND EQUIPMENT
AND SUPPLIES FROM PREMISES REFERRED TO IN SUBPARAGRAPH
(I) FOR THE PURPOSES OF EXAMINATION AND INSPECTION.
(IV) INSPECT, EXAMINE AND AUDIT ALL BOOKS, RECORDS
AND DOCUMENTS PERTAINING TO A SLOT MACHINE LICENSEE'S
OPERATION.
(V) SEIZE, IMPOUND OR ASSUME PHYSICAL CONTROL OF ANY
BOOK, RECORD, LEDGER, GAME, DEVICE, CASH BOX AND ITS
CONTENTS, COUNT ROOM OR ITS EQUIPMENT, INTERACTIVE GAMING
DEVICES AND ASSOCIATED EQUIPMENT OR CASINO SIMULCASTING
TECHNOLOGY OR EQUIPMENT OR SLOT MACHINE [OR], TABLE GAME
OR INTERACTIVE GAMING OR CASINO SIMULCASTING OPERATIONS.
* * *
SECTION 25. SECTION 1518(A)(1), (2), (3), (4), (5), (7.1),
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(11), (13), (13.1), (15) AND (17) AND (B)(1), (2) AND (3) OF
TITLE 4 ARE AMENDED, SUBSECTIONS (A) AND (B) ARE AMENDED BY
ADDING PARAGRAPHS AND SUBSECTION (C)(1) IS AMENDED BY ADDING A
SUBPARAGRAPH TO READ:
§ 1518. PROHIBITED ACTS; PENALTIES.
(A) CRIMINAL OFFENSES.--
(1) THE PROVISIONS OF 18 PA.C.S. § 4902 (RELATING TO
PERJURY), 4903 (RELATING TO FALSE SWEARING) OR 4904 (RELATING
TO UNSWORN FALSIFICATION TO AUTHORITIES) SHALL APPLY TO ANY
PERSON PROVIDING INFORMATION OR MAKING ANY STATEMENT, WHETHER
WRITTEN OR ORAL, TO THE BOARD, THE COMMISSION, THE BUREAU,
THE DEPARTMENT, THE PENNSYLVANIA STATE POLICE OR THE OFFICE
OF ATTORNEY GENERAL, AS REQUIRED BY THIS PART.
(2) IT SHALL BE UNLAWFUL FOR A PERSON TO WILLFULLY:
(I) FAIL TO REPORT, PAY OR TRUTHFULLY ACCOUNT FOR
AND PAY OVER ANY LICENSE FEE, AUTHORIZATION FEE, PERMIT
FEE, TAX OR ASSESSMENT IMPOSED UNDER THIS PART; OR
(II) ATTEMPT IN ANY MANNER TO EVADE OR DEFEAT ANY
LICENSE FEE, AUTHORIZATION FEE, PERMIT FEE, REGISTRATION
FEE, TAX OR ASSESSMENT OR ANY OTHER FEE IMPOSED UNDER
THIS PART.
(3) IT SHALL BE UNLAWFUL FOR ANY LICENSED ENTITY, GAMING
EMPLOYEE, KEY EMPLOYEE OR ANY OTHER PERSON TO PERMIT A SLOT
MACHINE, TABLE GAME OR TABLE GAME DEVICE, INTERACTIVE GAME OR
INTERACTIVE GAMING DEVICE OR ASSOCIATED EQUIPMENT TO BE
OPERATED, TRANSPORTED, REPAIRED OR OPENED ON THE PREMISES OF
A LICENSED FACILITY BY A PERSON OTHER THAN A PERSON LICENSED
OR PERMITTED BY THE BOARD PURSUANT TO THIS PART.
(3.1) IT SHALL BE UNLAWFUL FOR ANY PERSON WHO DOES NOT
POSSESS A VALID AND THEN EFFECTIVE INTERACTIVE GAMING
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CERTIFICATE OR INTERACTIVE GAMING LICENSE ISSUED BY THE BOARD
IN ACCORDANCE WITH CHAPTER 13B (RELATING TO INTERACTIVE
GAMING) TO ACCEPT ANY WAGER ASSOCIATED WITH ANY AUTHORIZED
INTERACTIVE GAME FROM ANY INDIVIDUAL WITHOUT VERIFYING THE
AGE, IDENTITY AND PHYSICAL LOCATION OF THE PLAYER AT THE TIME
OF PLAY OR WAGER.
(3.2) IT SHALL BE UNLAWFUL FOR ANY PERSON WHO DOES NOT
POSSESS A VALID AND THEN EFFECTIVE CASINO SIMULCASTING PERMIT
ISSUED BY THE BOARD IN ACCORDANCE WITH SECTION 13F12
(RELATING TO CASINO SIMULCASTING PERMIT) TO OPERATE OR PERMIT
AN INDIVIDUAL TO PARTICIPATE IN CASINO SIMULCASTING AT A
CATEGORY 2 LICENSED FACILITY IN THIS COMMONWEALTH.
(3.3) IT SHALL BE UNLAWFUL FOR ANY PERSON WHO DOES NOT
POSSESS A VALID NONPRIMARY LOCATION PERMIT ISSUED BY THE
BOARD IN ACCORDANCE WITH SECTION 13D12 (RELATING TO ISSUANCE
AND TERMS OF NONPRIMARY LOCATION PERMIT) TO PLACE AND MAKE
SLOT MACHINES AVAILABLE FOR PLAY AT A NONPRIMARY LOCATION.
(4) IT SHALL BE UNLAWFUL FOR ANY LICENSED ENTITY OR
OTHER PERSON TO MANUFACTURE, SUPPLY OR PLACE SLOT MACHINES,
TABLE GAMES, TABLE GAME DEVICES OR ASSOCIATED EQUIPMENT,
AUTHORIZED INTERACTIVE GAME OR INTERACTIVE GAMING DEVICES OR
ASSOCIATED EQUIPMENT OR CASINO SIMULCASTING TECHNOLOGY OR
EQUIPMENT INTO PLAY OR DISPLAY SLOT MACHINES, INCLUDING SLOT
MACHINES AT A NONPRIMARY LOCATION OR IN A SPECIFIED AREA OF A
QUALIFIED AIRPORT, TABLE GAMES, TABLE GAME DEVICES OR
ASSOCIATED EQUIPMENT ON THE PREMISES OF A LICENSED FACILITY
WITHOUT THE AUTHORITY OF THE BOARD.
(4.1) IT SHALL BE UNLAWFUL FOR ANY SLOT MACHINE LICENSEE
TO OFFER INTERACTIVE GAMES INTO PLAY OR DISPLAY SUCH GAMES ON
ITS INTERACTIVE GAMING SKIN OR INTERNET WEBSITE WITHOUT THE
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APPROVAL OF THE BOARD.
(4.2) IT SHALL BE UNLAWFUL FOR ANY LICENSED ENTITY OR
OTHER PERSON TO MANUFACTURE, SUPPLY OR PLACE INTERACTIVE
GAMING DEVICES OR ASSOCIATED EQUIPMENT INTO OPERATION AT A
LICENSED FACILITY WITHOUT THE APPROVAL OF THE BOARD.
(4.3) IT SHALL BE UNLAWFUL FOR ANY SLOT MACHINE LICENSEE
TO CONDUCT CASINO SIMULCASTING WITHOUT THE APPROVAL OF THE
BOARD, IN CONSULTATION WITH THE COMMISSION .
(4.4) IT SHALL BE UNLAWFUL FOR ANY SLOT MACHINE LICENSEE
TO PLACE AND MAKE SLOT MACHINES AVAILABLE FOR PLAY AT A
NONPRIMARY LOCATION OR IN A SPECIFIED AREA OF A QUALIFIED
AIRPORT WITHOUT THE APPROVAL OF THE BOARD.
(5) EXCEPT AS PROVIDED FOR IN SECTION 1326 (RELATING TO
[LICENSE] RENEWALS), IT SHALL BE UNLAWFUL FOR A LICENSED
ENTITY OR OTHER PERSON TO MANUFACTURE, SUPPLY, OPERATE, CARRY
ON OR EXPOSE FOR PLAY ANY SLOT MACHINE, INCLUDING SLOT
MACHINES AT A NONPRIMARY LOCATION, TABLE GAME, TABLE GAME
DEVICE OR ASSOCIATED EQUIPMENT, INTERACTIVE GAME OR
INTERACTIVE GAMING DEVICE OR ASSOCIATED EQUIPMENT OR CASINO
SIMULCASTING TECHNOLOGY OR EQUIPMENT AFTER THE PERSON'S
LICENSE HAS EXPIRED AND PRIOR TO THE ACTUAL RENEWAL OF THE
LICENSE.
* * *
(7.1) IT SHALL BE UNLAWFUL FOR AN INDIVIDUAL TO DO ANY
OF THE FOLLOWING:
(I) USE OR POSSESS COUNTERFEIT, MARKED, LOADED OR
TAMPERED WITH TABLE GAME DEVICES OR ASSOCIATED EQUIPMENT,
CHIPS OR OTHER CHEATING DEVICES IN THE CONDUCT OF GAMING
UNDER THIS PART, EXCEPT THAT AN AUTHORIZED EMPLOYEE OF A
LICENSEE OR AN AUTHORIZED EMPLOYEE OF THE BOARD MAY
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POSSESS AND USE COUNTERFEIT CHIPS OR TABLE GAME DEVICES
OR ASSOCIATED EQUIPMENT THAT HAVE BEEN MARKED, LOADED OR
TAMPERED WITH, OR OTHER CHEATING DEVICES OR ANY
UNAUTHORIZED INTERACTIVE GAMING DEVICE OR ASSOCIATED
EQUIPMENT IN PERFORMANCE OF THE DUTIES OF EMPLOYMENT FOR
TRAINING, INVESTIGATIVE OR TESTING PURPOSES ONLY.
(II) KNOWINGLY, BY A TRICK OR SLEIGHT OF HAND
PERFORMANCE OR BY FRAUD OR FRAUDULENT SCHEME, OR
MANIPULATION, TABLE GAME DEVICE OR OTHER DEVICE, OR
INTERACTIVE GAMING DEVICE FOR HIMSELF OR FOR ANOTHER, WIN
OR ATTEMPT TO WIN ANY CASH, PROPERTY OR PRIZE AT A
LICENSED FACILITY OR TO REDUCE OR ATTEMPT TO REDUCE A
LOSING WAGER.
(7.2) IT SHALL BE UNLAWFUL FOR A PERSON TO KNOWINGLY
ALTER, TAMPER OR MANIPULATE INTERACTIVE GAMING DEVICES OR
ASSOCIATED EQUIPMENT, INCLUDING SOFTWARE, SYSTEM PROGRAMS,
HARDWARE AND ANY OTHER DEVICE OR ASSOCIATED EQUIPMENT USED IN
INTERACTIVE GAMING OPERATIONS, IN ORDER TO ALTER THE ODDS OR
THE PAYOUT OF AN INTERACTIVE GAME OR TO DISABLE THE
INTERACTIVE GAME FROM OPERATING ACCORDING TO THE RULES OF THE
GAME AS AUTHORIZED BY THE BOARD.
(7.3) IT SHALL BE UNLAWFUL FOR A PERSON TO KNOWINGLY
OFFER OR ALLOW TO BE OFFERED ANY AUTHORIZED INTERACTIVE GAME
THAT HAS BEEN ALTERED, TAMPERED WITH OR MANIPULATED IN A WAY
THAT AFFECTS THE ODDS OR THE PAYOUT OF AN AUTHORIZED
INTERACTIVE GAME OR DISABLES THE INTERACTIVE GAME FROM
OPERATING ACCORDING TO THE AUTHORIZED RULES OF THE GAME AS
AUTHORIZED BY THE BOARD.
* * *
(11) IT SHALL BE UNLAWFUL FOR A LICENSED GAMING ENTITY
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THAT IS A LICENSED RACING ENTITY AND THAT HAS LOST THE
LICENSE ISSUED TO IT BY [EITHER] THE STATE HORSE RACING
COMMISSION OR THE STATE HARNESS RACING COMMISSION UNDER THE
RACE HORSE INDUSTRY REFORM ACT OR THAT HAS HAD THAT LICENSE
SUSPENDED TO OPERATE SLOT MACHINES [OR], TABLE GAMES OR
AUTHORIZED INTERACTIVE GAMES AT THE RACETRACK OR NONPRIMARY
LOCATION FOR WHICH ITS SLOT MACHINE LICENSE WAS ISSUED UNLESS
THE LICENSE ISSUED TO IT BY EITHER THE STATE HORSE RACING
COMMISSION OR THE STATE HARNESS RACING COMMISSION WILL BE
SUBSEQUENTLY REISSUED OR REINSTATED WITHIN 30 DAYS AFTER THE
LOSS OR SUSPENSION.
* * *
(13) IT SHALL BE UNLAWFUL FOR AN INDIVIDUAL UNDER 21
YEARS OF AGE TO ENTER AND REMAIN IN ANY AREA OF A LICENSED
FACILITY WHERE SLOT MACHINES ARE OPERATED, INCLUDING ANY AREA
OF A NONPRIMARY LOCATION OR A SPECIFIED AREA OF A QUALIFIED
AIRPORT, OR THE PLAY OF TABLE GAMES IS CONDUCTED OR WHERE
CASINO SIMULCASTING IS CONDUCTED, EXCEPT THAT AN INDIVIDUAL
18 YEARS OF AGE OR OLDER EMPLOYED BY A SLOT MACHINE LICENSEE,
A GAMING SERVICE PROVIDER, THE BOARD OR ANY OTHER REGULATORY
OR EMERGENCY RESPONSE AGENCY MAY ENTER AND REMAIN IN ANY SUCH
AREA WHILE ENGAGED IN THE PERFORMANCE OF THE INDIVIDUAL'S
EMPLOYMENT DUTIES.
(13.1) IT SHALL BE UNLAWFUL FOR AN INDIVIDUAL UNDER 21
YEARS OF AGE TO WAGER, PLAY OR ATTEMPT TO PLAY A SLOT MACHINE
OR TABLE GAME, OR CASINO SIMULCASTING AT A LICENSED FACILITY,
INCLUDING AT A NONPRIMARY LOCATION AND THE SPECIFIED AREA OF
A QUALIFIED AIRPORT OR TO WAGER, PLAY OR ATTEMPT TO PLAY AN
INTERACTIVE GAME.
(13.2) IT SHALL BE UNLAWFUL TO ALLOW A PERSON UNDER 21
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YEARS OF AGE TO OPEN, MAINTAIN OR USE IN ANY WAY AN
INTERACTIVE GAMING ACCOUNT. ANY INTERACTIVE GAMING
CERTIFICATE HOLDER, INTERACTIVE GAMING LICENSEE OR EMPLOYEE
OF AN INTERACTIVE GAMING CERTIFICATE HOLDER OR INTERACTIVE
GAMING LICENSEE OR OTHER SUCH PERSON WHO KNOWINGLY ALLOWS A
PERSON UNDER 21 YEARS OF AGE TO OPEN, MAINTAIN OR USE AN
INTERACTIVE GAMING ACCOUNT SHALL BE SUBJECT TO THE PENALTY
SET FORTH IN THIS SECTION, EXCEPT THAT THE ESTABLISHMENT OF
ALL OF THE FOLLOWING FACTS BY AN INTERACTIVE GAMING
CERTIFICATE HOLDER, INTERACTIVE GAMING LICENSEE OR EMPLOYEE
OF AN INTERACTIVE GAMING CERTIFICATE HOLDER, INTERACTIVE
GAMING LICENSEE OR OTHER SUCH PERSON SHALL CONSTITUTE A
DEFENSE TO ANY REGULATORY ACTION BY THE BOARD OR THE PENALTY
AUTHORIZED UNDER THIS SECTION:
(I) THE UNDERAGE PERSON FALSELY REPRESENTED THAT HE
WAS OF THE PERMITTED 21 YEARS OF AGE IN THE APPLICATION
FOR AN INTERACTIVE GAMING ACCOUNT; AND
(II) THE ESTABLISHMENT OF THE INTERACTIVE GAMING
ACCOUNT WAS MADE IN GOOD FAITH RELIANCE UPON SUCH
REPRESENTATION AND IN THE REASONABLE BELIEF THAT THE
UNDERAGE PERSON WAS 21 YEARS OF AGE.
* * *
(15) IT SHALL BE UNLAWFUL FOR A LICENSED GAMING ENTITY
TO REQUIRE A WAGER TO BE GREATER THAN THE STATED MINIMUM
WAGER OR LESS THAN THE STATED MAXIMUM WAGER. HOWEVER, A WAGER
MADE BY A PLAYER AND NOT REJECTED BY A LICENSED GAMING ENTITY
PRIOR TO COMMENCEMENT OF PLAY SHALL BE TREATED AS A VALID
WAGER. A WAGER ACCEPTED BY A DEALER OR THROUGH AN AUTHORIZED
INTERACTIVE GAME SHALL BE PAID OR LOST IN ITS ENTIRETY IN
ACCORDANCE WITH THE RULES OF THE GAME, NOTWITHSTANDING THAT
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THE WAGER EXCEEDED THE CURRENT TABLE MAXIMUM WAGER OR
AUTHORIZED INTERACTIVE GAME WAGER OR WAS LOWER THAN THE
CURRENT TABLE MINIMUM WAGER OR MINIMUM INTERACTIVE GAME
WAGER.
* * *
(17) IT SHALL BE UNLAWFUL FOR AN INDIVIDUAL TO CLAIM,
COLLECT OR TAKE, OR ATTEMPT TO CLAIM, COLLECT OR TAKE, MONEY
OR ANYTHING OF VALUE IN OR FROM A SLOT MACHINE, INCLUDING A
SLOT MACHINE AT A NONPRIMARY LOCATION OR IN A SPECIFIED AREA
OF A QUALIFIED AIRPORT, GAMING TABLE OR OTHER TABLE GAME
DEVICE, INTERACTIVE GAME OR INTERACTIVE GAMING DEVICE OR FROM
CASINO SIMULCASTING OPERATIONS WITH THE INTENT TO DEFRAUD, OR
TO CLAIM, COLLECT OR TAKE AN AMOUNT GREATER THAN THE AMOUNT
WON, OR TO MANIPULATE WITH THE INTENT TO CHEAT, ANY COMPONENT
OF ANY SLOT MACHINE, INCLUDING SLOT MACHINES AT A NONPRIMARY
LOCATION OR IN A SPECIFIED AREA OF A QUALIFIED AIRPORT, TABLE
GAME OR TABLE GAME DEVICE, INTERACTIVE GAME OR INTERACTIVE
GAMING DEVICE IN A MANNER CONTRARY TO THE DESIGNED AND NORMAL
OPERATIONAL PURPOSE.
(18) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IT
SHALL BE UNLAWFUL FOR AN INDIVIDUAL DRIVING OR IN CHARGE OF A
MOTOR VEHICLE TO PERMIT A CHILD UNDER 14 YEARS OF AGE TO
REMAIN UNATTENDED IN THE VEHICLE IF THE VEHICLE IS LOCATED ON
PROPERTY OWNED, LEASED OR CONTROLLED BY A LICENSED GAMING
ENTITY OR ITS AFFILIATE, INTERMEDIARY, SUBSIDIARY OR HOLDING
COMPANY. IN ADDITION TO THE PENALTIES IN SUBSECTION (B), THE
INDIVIDUAL SHALL BE SUBJECT TO EXCLUSION OR EJECTION FROM
LICENSED FACILITIES UNDER SECTIONS 1514 (RELATING TO
REGULATION REQUIRING EXCLUSION, EJECTION OR DENIAL OF ACCESS
OF CERTAIN PERSONS) AND 1515 (RELATING TO REPEAT OFFENDERS
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EXCLUDABLE FROM LICENSED GAMING FACILITY). NOTWITHSTANDING
ANY OF THE PROVISIONS OF 18 PA.C.S. CH. 91 (RELATING TO
CRIMINAL HISTORY RECORD INFORMATION), THE INVESTIGATING
OFFICER IN THE JURISDICTION IN WHICH THE VEHICLE IS LOCATED
SHALL BE RESPONSIBLE FOR PROVIDING WRITTEN NOTICE OF THE
VIOLATION WITHIN 48 HOURS TO THE DIRECTOR OF THE COUNTY
CHILDREN AND YOUTH SERVICE AGENCY OF THE COUNTY WHERE THE
VIOLATION OCCURRED. THE NOTICE SHALL CONTAIN:
(I) THE NAME OF THE INDIVIDUAL CHARGED UNDER THIS
SECTION.
(II) THE ADDRESS OR ADDRESSES AT WHICH THE
INDIVIDUAL RESIDES.
(III) THE NAME OF THE CHILD OR CHILDREN LEFT
UNATTENDED.
(B) CRIMINAL PENALTIES AND FINES.--
(1) (I) A PERSON THAT COMMITS A FIRST OFFENSE IN
VIOLATION OF 18 PA.C.S. § 4902, 4903 OR 4904 IN
CONNECTION WITH PROVIDING INFORMATION OR MAKING ANY
STATEMENT, WHETHER WRITTEN OR ORAL, TO THE BOARD, THE
BUREAU, THE DEPARTMENT, THE PENNSYLVANIA STATE POLICE,
THE OFFICE OF ATTORNEY GENERAL OR A DISTRICT ATTORNEY AS
REQUIRED BY THIS PART COMMITS AN OFFENSE TO BE GRADED IN
ACCORDANCE WITH THE APPLICABLE SECTION VIOLATED. A PERSON
THAT IS CONVICTED OF A SECOND OR SUBSEQUENT VIOLATION OF
18 PA.C.S. § 4902, 4903 OR 4904 IN CONNECTION WITH
PROVIDING INFORMATION OR MAKING ANY STATEMENT, WHETHER
WRITTEN OR ORAL, TO THE BOARD, THE BUREAU, THE
DEPARTMENT, THE PENNSYLVANIA STATE POLICE, THE OFFICE OF
ATTORNEY GENERAL OR A DISTRICT ATTORNEY AS REQUIRED BY
THIS PART COMMITS A FELONY OF THE SECOND DEGREE.
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(II) A PERSON THAT VIOLATES SUBSECTION (A)(2), (3)
AND (4) THROUGH (12) OR (17) COMMITS A MISDEMEANOR OF THE
FIRST DEGREE. A PERSON THAT IS CONVICTED OF A SECOND OR
SUBSEQUENT VIOLATION OF SUBSECTION (A)(2), (3) AND (4)
THROUGH (12) OR (17) COMMITS A FELONY OF THE SECOND
DEGREE.
(2) (I) FOR A FIRST VIOLATION OF SUBSECTION (A)(1)
THROUGH (12) OR (17), A PERSON SHALL BE SENTENCED TO PAY
A FINE OF:
(A) NOT LESS THAN $75,000 NOR MORE THAN $150,000
IF THE PERSON IS AN INDIVIDUAL;
(B) NOT LESS THAN $300,000 NOR MORE THAN
$600,000 IF THE PERSON IS A LICENSED GAMING ENTITY OR
AN INTERACTIVE GAMING LICENSEE; OR
(C) NOT LESS THAN $150,000 NOR MORE THAN
$300,000 IF THE PERSON IS A LICENSED MANUFACTURER OR
SUPPLIER.
(II) FOR A SECOND OR SUBSEQUENT VIOLATION OF
SUBSECTION (A)(1), (2), (3) AND (4) THROUGH (12) OR (17),
A PERSON SHALL BE SENTENCED TO PAY A FINE OF:
(A) NOT LESS THAN $150,000 NOR MORE THAN
$300,000 IF THE PERSON IS AN INDIVIDUAL;
(B) NOT LESS THAN $600,000 NOR MORE THAN
$1,200,000 IF THE PERSON IS A LICENSED GAMING ENTITY;
OR
(C) NOT LESS THAN $300,000 NOR MORE THAN
$600,000 IF THE PERSON IS A LICENSED MANUFACTURER OR
SUPPLIER.
(2.1) A PERSON THAT COMMITS AN OFFENSE IN VIOLATION OF
SUBSECTION (A)(3.1) OR (3.2) COMMITS A FELONY AND, UPON
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CONVICTION, SHALL BE SENTENCED TO PAY A FINE OF NOT LESS THAN
$500,000 NOR MORE THAN $1,000,000. A PERSON THAT IS CONVICTED
OF A SECOND OR SUBSEQUENT VIOLATION OF SUBSECTION (A)(3.1)
COMMITS A FELONY OF THE FIRST DEGREE AND SHALL BE SENTENCED
TO PAY A FINE OF NOT LESS THAN $1,000,000 NOR MORE THAN
$2,500,000.
(3) AN INDIVIDUAL WHO COMMITS AN OFFENSE IN VIOLATION OF
SUBSECTION (A)(13) [OR], (13.1) OR (13.2) COMMITS A
NONGAMBLING SUMMARY OFFENSE AND UPON CONVICTION OF A FIRST
OFFENSE SHALL BE SENTENCED TO PAY A FINE OF NOT LESS THAN
$200 NOR MORE THAN $1,000. AN INDIVIDUAL THAT IS CONVICTED OF
A SECOND OR SUBSEQUENT OFFENSE UNDER SUBSECTION (A)(13) [OR],
(13.1) OR (13.2) SHALL BE SENTENCED TO PAY A FINE OF NOT LESS
THAN $500 NOR MORE THAN $1,500. IN ADDITION TO THE FINE
IMPOSED, AN INDIVIDUAL CONVICTED OF AN OFFENSE UNDER
SUBSECTION (A)(13) [OR], (13.1) OR (13.2) MAY BE SENTENCED TO
PERFORM A PERIOD OF COMMUNITY SERVICE NOT TO EXCEED 40 HOURS.
(3.1) NOTWITHSTANDING PARAGRAPH (3), WHENEVER AN
INDIVIDUAL IS CONVICTED OF A SECOND OR SUBSEQUENT OFFENSE
UNDER SUBSECTION (A)(13) OR (13.1), THE COURT, INCLUDING A
COURT NOT OF RECORD IF IT IS EXERCISING JURISDICTION PURSUANT
TO 42 PA.C.S. § 1515(A) (RELATING TO JURISDICTION AND VENUE),
SHALL ORDER THE OPERATING PRIVILEGES OF THE INDIVIDUAL
SUSPENDED. A COPY OF THE COURT ORDER SHALL BE TRANSMITTED TO
THE DEPARTMENT OF TRANSPORTATION.
(3.2) WHEN THE DEPARTMENT SUSPENDS THE OPERATING
PRIVILEGE OF A PERSON UNDER PARAGRAPH (3.1), THE DURATION OF
THE SUSPENSION SHALL BE AS FOLLOWS:
(I) FOR A FIRST OFFENSE, A PERIOD OF 90 DAYS FROM
THE DATE OF SUSPENSION.
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(II) FOR A SECOND OFFENSE, A PERIOD OF ONE YEAR FROM
THE DATE OF SUSPENSION.
(III) FOR A THIRD OFFENSE, AND ANY OFFENSE
THEREAFTER, A PERIOD OF TWO YEARS FROM THE DATE OF
SUSPENSION. ANY MULTIPLE SENTENCES IMPOSED SHALL BE
SERVED CONSECUTIVELY.
REINSTATEMENT OF OPERATING PRIVILEGE SHALL BE GOVERNED BY 75
PA.C.S. § 1545 (RELATING TO RESTORATION OF OPERATING
PRIVILEGE).
* * *
(5) AN INDIVIDUAL WHO COMMITS AN OFFENSE IN VIOLATION OF
SUBSECTION (A)(18) COMMITS A MISDEMEANOR OF THE THIRD DEGREE
FOR THE FIRST OFFENSE. A PERSON THAT IS CONVICTED OF A SECOND
OR SUBSEQUENT VIOLATION OF SUBSECTION (A)(18) COMMITS A
MISDEMEANOR OF THE SECOND DEGREE.
(C) BOARD-IMPOSED ADMINISTRATIVE SANCTIONS.--
(1) IN ADDITION TO ANY OTHER PENALTY AUTHORIZED BY LAW,
THE BOARD MAY IMPOSE WITHOUT LIMITATION THE FOLLOWING
SANCTIONS UPON ANY LICENSEE OR PERMITTEE:
* * *
(X) ASSESS A FINE FOR FAILURE TO REPORT A VIOLATION
UNDER SUBSECTION (A)(18), OF WHICH THE LICENSED GAMING
ENTITY KNEW OR SHOULD HAVE KNOWN, TO THE APPROPRIATE LAW
ENFORCEMENT AUTHORITY. THE AMOUNT OF THE FINE SHALL BE
NOT LESS THAN $75,000 NOR MORE THAN $150,000 FOR A FIRST
VIOLATION OF THIS SUBPARAGRAPH, AND NOT LESS THAN
$150,000 NOR MORE THAN $300,000 FOR A SECOND OR
SUBSEQUENT VIOLATION OF THIS SUBPARAGRAPH.
* * *
SECTION 26. SECTION 1901(A) OF TITLE 4 IS AMENDED BY ADDING
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A PARAGRAPH TO READ:
§ 1901. APPROPRIATIONS.
(A) APPROPRIATION TO BOARD.--
* * *
(3) THE SUM OF $5,000,000 IS HEREBY APPROPRIATED FROM
THE STATE GAMING FUND TO THE PENNSYLVANIA GAMING CONTROL
BOARD FOR SALARIES, WAGES AND ALL NECESSARY EXPENSES FOR THE
PROPER OPERATION AND ADMINISTRATION OF THE BOARD FOR THE
ACTIVITIES AUTHORIZED UNDER THIS ACT. THIS APPROPRIATION
SHALL BE A SUPPLEMENTAL APPROPRIATION FOR FISCAL YEAR 2016-
2017 AND SHALL BE IN ADDITION TO THE APPROPRIATION CONTAINED
IN THE ACT OF , 2016 (P.L. , NO. A), KNOWN AS THE
GAMING CONTROL APPROPRIATION ACT OF 2016.
* * *
SECTION 27. THE AMENDMENT OF 4 PA.C.S. § 1305 IN THE ACT OF
JANUARY 7, 2010 (P.L.1, NO.1), ENTITLED "AN ACT AMENDING TITLE 4
(AMUSEMENTS) OF THE PENNSYLVANIA CONSOLIDATED STATUTES, MAKING
EXTENSIVE REVISIONS TO PROVISIONS ON GAMING, IN THE AREAS OF
LEGISLATIVE INTENT, DEFINITIONS, THE PENNSYLVANIA GAMING CONTROL
BOARD, APPLICABILITY OF OTHER STATUTES, POWERS OF THE BOARD,
CODE OF CONDUCT, EXPENSES OF REGULATORY AGENCIES, LICENSED
GAMING ENTITY APPLICATION APPEALS FROM BOARD, LICENSE OR PERMIT
APPLICATION HEARING PROCESS AND PUBLIC HEARINGS, BOARD MINUTES
AND RECORDS, REGULATORY AUTHORITY, COLLECTION OF FEES AND FINES,
SLOT MACHINE LICENSE FEE, NUMBER OF SLOT MACHINES, REPORTS OF
BOARD, DIVERSITY GOALS OF BOARD, LICENSE OR PERMIT PROHIBITION,
SPECIFIC AUTHORITY TO SUSPEND SLOT MACHINE LICENSE, CATEGORY 2
SLOT MACHINE LICENSE, CATEGORY 3 SLOT MACHINE LICENSE, NUMBER OF
SLOT MACHINE LICENSES, APPLICATIONS FOR LICENSE OR PERMIT, SLOT
MACHINE LICENSE APPLICATION, SLOT MACHINE LICENSE APPLICATION
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CHARACTER REQUIREMENTS, SUPPLIER LICENSES, MANUFACTURER
LICENSES, GAMING SERVICE PROVIDER, OCCUPATION PERMIT
APPLICATION, ALTERNATIVE MANUFACTURER LICENSING STANDARDS,
ALTERNATIVE SUPPLIER LICENSING STANDARDS, ADDITIONAL LICENSES
AND PERMITS AND APPROVAL OF AGREEMENTS, LICENSE RENEWALS, CHANGE
IN OWNERSHIP OR CONTROL OF SLOT MACHINE LICENSEE, NONPORTABILITY
OF SLOT MACHINE LICENSE, APPOINTMENT OF TRUSTEE, TABLE GAMES,
SLOT MACHINE LICENSEE DEPOSITS, GROSS TERMINAL REVENUE
DEDUCTIONS, ITEMIZED BUDGET REPORTING, ESTABLISHMENT OF STATE
GAMING FUND AND NET SLOT MACHINE REVENUE DISTRIBUTION,
DISTRIBUTIONS FROM PENNSYLVANIA RACE HORSE DEVELOPMENT FUND,
PENNSYLVANIA GAMING ECONOMIC DEVELOPMENT AND TOURISM FUND,
TRANSFERS FROM STATE GAMING FUND, RESPONSIBILITY AND AUTHORITY
OF DEPARTMENT OF REVENUE, WAGERING ON CREDIT, EMINENT DOMAIN
AUTHORITY, COMPULSIVE AND PROBLEM GAMBLING PROGRAM, DRUG AND
ALCOHOL TREATMENT, LABOR HIRING PREFERENCES, DECLARATION OF
EXEMPTION FROM FEDERAL LAWS PROHIBITING SLOT MACHINES, FINANCIAL
AND EMPLOYMENT INTERESTS, ADDITIONAL RESTRICTIONS, POLITICAL
INFLUENCE, REGULATION REQUIRING EXCLUSION OF CERTAIN PERSONS,
PROSECUTORIAL AND ADJUDICATIVE FUNCTIONS, INVESTIGATIONS AND
ENFORCEMENT, CONDUCT OF PUBLIC OFFICIALS AND EMPLOYEES,
PROHIBITED ACTS AND PENALTIES, REPORT OF SUSPICIOUS
TRANSACTIONS, ADDITIONAL AUTHORITY, APPLICABILITY OF CLEAN
INDOOR AIR ACT, LIQUOR LICENSES AT LICENSED FACILITIES,
INTERCEPTION OF ORAL COMMUNICATIONS, ELECTRONIC FUNDS TRANSFER
TERMINALS, JUNKETS, GAMING SCHOOLS, APPROPRIATIONS AND
COMMONWEALTH FINANCING AUTHORITY; AND MAKING RELATED REPEALS,"
SHALL TAKE EFFECT ON JANUARY 1, 2016, IF ALL CATEGORY 3 LICENSED
FACILITIES AUTHORIZED BY 4 PA.C.S. PT. II BEFORE THE EFFECTIVE
DATE OF THIS SECTION HAVE COMMENCED THE OPERATION OF SLOT
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MACHINES.
SECTION 28. REPEALS ARE AS FOLLOWS:
(1) THE GENERAL ASSEMBLY FINDS THAT THE REPEAL UNDER
PARAGRAPH (2) IS NECESSARY TO EFFECTUATE THIS ACT.
(2) SECTION 21(2) OF THE ACT OF JANUARY 7, 2010 (P.L.1,
NO.1), ENTITLED "AN ACT AMENDING TITLE 4 (AMUSEMENTS) OF THE
PENNSYLVANIA CONSOLIDATED STATUTES, MAKING EXTENSIVE
REVISIONS TO PROVISIONS ON GAMING, IN THE AREAS OF
LEGISLATIVE INTENT, DEFINITIONS, THE PENNSYLVANIA GAMING
CONTROL BOARD, APPLICABILITY OF OTHER STATUTES, POWERS OF THE
BOARD, CODE OF CONDUCT, EXPENSES OF REGULATORY AGENCIES,
LICENSED GAMING ENTITY APPLICATION APPEALS FROM BOARD,
LICENSE OR PERMIT APPLICATION HEARING PROCESS AND PUBLIC
HEARINGS, BOARD MINUTES AND RECORDS, REGULATORY AUTHORITY,
COLLECTION OF FEES AND FINES, SLOT MACHINE LICENSE FEE,
NUMBER OF SLOT MACHINES, REPORTS OF BOARD, DIVERSITY GOALS OF
BOARD, LICENSE OR PERMIT PROHIBITION, SPECIFIC AUTHORITY TO
SUSPEND SLOT MACHINE LICENSE, CATEGORY 2 SLOT MACHINE
LICENSE, CATEGORY 3 SLOT MACHINE LICENSE, NUMBER OF SLOT
MACHINE LICENSES, APPLICATIONS FOR LICENSE OR PERMIT, SLOT
MACHINE LICENSE APPLICATION, SLOT MACHINE LICENSE APPLICATION
CHARACTER REQUIREMENTS, SUPPLIER LICENSES, MANUFACTURER
LICENSES, GAMING SERVICE PROVIDER, OCCUPATION PERMIT
APPLICATION, ALTERNATIVE MANUFACTURER LICENSING STANDARDS,
ALTERNATIVE SUPPLIER LICENSING STANDARDS, ADDITIONAL LICENSES
AND PERMITS AND APPROVAL OF AGREEMENTS, LICENSE RENEWALS,
CHANGE IN OWNERSHIP OR CONTROL OF SLOT MACHINE LICENSEE,
NONPORTABILITY OF SLOT MACHINE LICENSE, APPOINTMENT OF
TRUSTEE, TABLE GAMES, SLOT MACHINE LICENSEE DEPOSITS, GROSS
TERMINAL REVENUE DEDUCTIONS, ITEMIZED BUDGET REPORTING,
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ESTABLISHMENT OF STATE GAMING FUND AND NET SLOT MACHINE
REVENUE DISTRIBUTION, DISTRIBUTIONS FROM PENNSYLVANIA RACE
HORSE DEVELOPMENT FUND, PENNSYLVANIA GAMING ECONOMIC
DEVELOPMENT AND TOURISM FUND, TRANSFERS FROM STATE GAMING
FUND, RESPONSIBILITY AND AUTHORITY OF DEPARTMENT OF REVENUE,
WAGERING ON CREDIT, EMINENT DOMAIN AUTHORITY, COMPULSIVE AND
PROBLEM GAMBLING PROGRAM, DRUG AND ALCOHOL TREATMENT, LABOR
HIRING PREFERENCES, DECLARATION OF EXEMPTION FROM FEDERAL
LAWS PROHIBITING SLOT MACHINES, FINANCIAL AND EMPLOYMENT
INTERESTS, ADDITIONAL RESTRICTIONS, POLITICAL INFLUENCE,
REGULATION REQUIRING EXCLUSION OF CERTAIN PERSONS,
PROSECUTORIAL AND ADJUDICATIVE FUNCTIONS, INVESTIGATIONS AND
ENFORCEMENT, CONDUCT OF PUBLIC OFFICIALS AND EMPLOYEES,
PROHIBITED ACTS AND PENALTIES, REPORT OF SUSPICIOUS
TRANSACTIONS, ADDITIONAL AUTHORITY, APPLICABILITY OF CLEAN
INDOOR AIR ACT, LIQUOR LICENSES AT LICENSED FACILITIES,
INTERCEPTION OF ORAL COMMUNICATIONS, ELECTRONIC FUNDS
TRANSFER TERMINALS, JUNKETS, GAMING SCHOOLS, APPROPRIATIONS
AND COMMONWEALTH FINANCING AUTHORITY; AND MAKING RELATED
REPEALS," IS REPEALED.
SECTION 29. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
(1) EXCEPT AS SET FORTH IN PARAGRAPH (2), THE ADDITION
OF 4 PA.C.S. CH. 3 SHALL TAKE EFFECT IN 180 DAYS.
(2) THE ADDITION OF 4 PA.C.S. § 343 SHALL TAKE EFFECT
IMMEDIATELY.
(3) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT
IMMEDIATELY.
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