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CORRECTIVE REPRINT
PRIOR PRINTER'S NO. 182
PRINTER'S NO. 199
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
212
Session of
2021
INTRODUCED BY TOMLINSON, REGAN, AUMENT, TARTAGLIONE, SANTARSIERO
AND BOSCOLA, FEBRUARY 11, 2021
REFERRED TO JUDICIARY, FEBRUARY 11, 2021
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in riot, disorderly conduct and
related offenses, further providing for the offense of
gambling devices, gambling, etc.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5513(a), (e.1) and (f) of Title 18 of the
Pennsylvania Consolidated Statutes are amended and the section
is amended by adding subsections to read:
§ 5513. Gambling devices, gambling, etc.
(a) Offense defined.--[A] Except as provided in subsection
(d.1), a person is guilty of a misdemeanor of the first degree
if he:
(1) intentionally or knowingly makes, assembles, sets
up, maintains, sells, lends, leases, gives away, or offers
for sale, loan, lease or gift, any punch board, drawing card,
slot machine, skill game or any other device to be used for
gambling purposes, except playing cards;
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(2) allows persons to collect and assemble for the
purpose of unlawful gambling at any place under his control;
(3) solicits or invites any person to visit any unlawful
gambling place for the purpose of gambling; or
(4) being the owner, tenant, lessee or occupant of any
premises, knowingly permits or suffers the same, or any part
thereof, to be used for the purpose of unlawful gambling.
* * *
(a.2) Family entertainment center.--Notwithstanding
subsection (a), a person operating a family entertainment center
may make skill games available for play if the prize won or
distributed to a player is a noncash, merchandise prize or a
voucher, billet, ticket, token or electronic credit redeemable
only for a noncash, merchandise prize:
(1) the value of which does not exceed the cost of
playing the skill game or the total aggregate cost of playing
multiple skill games;
(2) which is not, and does not include, an alcoholic
beverage;
(3) which is not eligible for repurchase; and
(4) which is not exchangeable for cash, cash equivalents
or anything of value whatsoever.
* * *
(d.1) Slot machine and skill game penalties.--
(1) A person who violates subsection (a) and whose
violation involves a slot machine or skill game:
(i) For a first offense, commits a misdemeanor of
the first degree and shall, upon conviction, be sentenced
to a fine of not less than $5,000 per violation.
(ii) For a second offense, commits a misdemeanor of
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the first degree and shall, upon conviction, be sentenced
to a fine of not less than $10,000 per violation.
(iii) For a third or subsequent offense, commits a
felony of the third degree and shall, upon conviction, be
sentenced to a fine of not less than $15,000 per
violation and, at the discretion of the court, an
additional fine of not more than $1,000 per day for each
day that each slot machine or skill game is involved in
prohibited activity in violation of subsection (a).
(2) For purposes of the criminal penalties and fines
established under this subsection, each slot machine or skill
game involved in the prohibited activity under subsection (a)
shall constitute a separate violation.
(d.2) Slot machine and skill games enforcement.--
(1) The Bureau of Investigations and Enforcement
established under 4 Pa.C.S. § 1517(a) (relating to
investigations and enforcement) and the Office of Enforcement
Counsel established under 4 Pa.C.S. § 1517(a.2) shall seek
injunctive and other equitable relief from a court of
competent jurisdiction in relation to a violation of
subsection (a) that involves a slot machine or skill game. In
exercising its authority, the Bureau of Investigations and
Enforcement shall have the powers specified in 4 Pa.C.S. §
1517(e). A person who violates the terms of an injunction
issued under this paragraph shall forfeit and pay to the
Commonwealth a civil penalty of not more than $5,000 per
violation. Each slot machine or skill game involved in the
violation of the terms of an injunction shall constitute a
separate violation. Civil penalties paid under this paragraph
shall be utilized to defray the costs of enforcement
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associated with this subsection.
(2) In an action brought under this subsection, if the
court finds that a person has violated subsection (a) and the
violation involves a slot machine or skill game, the Office
of Enforcement Counsel may recover a civil penalty of not
more than $1,000 per violation, in addition to any other
equitable relief which may be granted under paragraph (1).
Each slot machine or skill game involved in the prohibited
activity under subsection (a) shall constitute a separate
violation. Civil penalties paid under this paragraph shall be
utilized to defray the costs of enforcement associated with
this subsection.
* * *
(e.1) Construction.--Nothing in this section shall be
construed [to]:
(1) To prohibit any activity that is lawfully conducted
under any of the following:
[(1)] (i) The act of August 26, 1971 (P.L.351, No.91),
known as the State Lottery Law.
[(2)] (ii) The act of July 10, 1981 (P.L.214, No.67),
known as the Bingo Law.
[(3)] (iii) The act of December 19, 1988 (P.L.1262,
No.156), known as the Local Option Small Games of Chance Act.
[(4)] (iv) 4 Pa.C.S. (relating to amusements).
(2) To make lawful any activity prohibited under the act
of April 12, 1951 (P.L.90, No.21), known as the Liquor Code.
(3) To prohibit a skill-based contest.
(f) Definitions.--The following words and phrases when used
in this section shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
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"Coin-operated amusement game." As defined in 4 Pa.C.S. §
3102 (relating to definitions). A coin-operated amusement game
does not deliver or entitle the person playing or operating the
game to receive cash, cash equivalents or gift cards or
vouchers, billets, tickets, tokens or electronic credits to be
exchanged for cash or to receive merchandise or anything of
value.
"Consideration associated with a related product, service or
activity." Money or other value collected for a product,
service or activity which is offered in any direct or indirect
relationship to playing or participating in the simulated
gambling program. The term includes consideration paid for
computer time, Internet time, telephone calling cards and a
sweepstakes entry.
"Electronic video monitor." An electronic device capable of
showing moving or still images.
"Family entertainment center." A person conducting business
in this Commonwealth which business meets all of the following
criteria:
(1) Is located in a building that is owned, leased or
occupied by the family entertainment center for the primary
purpose of providing amusement and entertainment to the
public.
(2) Offers coin-operated amusement games, skill games,
arcade games, crane games and video games.
(3) Receives a majority of its gross receipts from the
operation of coin-operated amusement games, skill games,
arcade games, crane games and video games.
(4) Markets its business to families with children.
"Simulated gambling program." Any method intended to be used
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by a person interacting with an electronic video monitor in a
business establishment that directly or indirectly implements
the predetermination of sweepstakes cash or cash-equivalent
prizes or otherwise connects the sweepstakes player or
participant with the cash or cash-equivalent prize.
"Skill." The knowledge, dexterity, adroitness, acumen or
other mental or physical ability of an individual.
"Skill-based contest." A competitive event among two or more
individuals or teams of individuals whereby individuals or teams
compete against each other in one or more games utilizing
electronic, computerized or mechanical devices, including, but
not limited to, personal computers and home video consoles, and
meets all of the following criteria:
(1) Winning individuals or teams are determined solely
by the skill of the individuals or teams relative to the
skill of other individuals or teams competing in the
competitive event.
(2) Elements of chance do not affect or have a de
minimis effect on the outcome of the game utilized in the
competitive event.
(3) One or more winning individuals or teams are awarded
a prize, including cash, that may exceed the cost of any
consideration paid for entry into the competitive event.
(4) The electronic, computerized or mechanical device
utilized in the competitive event is not a device or game
that may only be operated lawfully by a person with the
required authorization under 4 Pa.C.S.
"Skill game." An electronic, computerized, mechanical
contrivance, terminal, machine or other device that requires the
insertion of a coin, currency, ticket, token or similar object
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to operate, play or activate a game the outcome of which is
determined by any element of skill of the player and which may
deliver or entitle the person playing or operating the device to
receive cash, cash equivalents or gift cards or vouchers,
billets, tickets, tokens or electronic credits to be exchanged
for cash or to receive merchandise or anything of value, whether
the payoff is made automatically from the device or manually.
"Slot machine." As defined in 4 Pa.C.S. § 1103 (relating to
definitions). The term includes a slot machine that accepts a
credit card or debit card. The term shall not include an antique
slot machine under subsection (c).
Section 2. This act shall take effect in 60 days.
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