H0290B0576A00168 AJM:JSL 02/11/13 #90 A00168

 

 

 

 

AMENDMENTS TO HOUSE BILL NO. 290 (As amended by A00165)

Sponsor: REPRESENTATIVE NEILSON

Printer's No. 576

 

1Amend Bill, page 1, by inserting between lines 2 and 3
2(A00165)

3Amend Bill, page 1, line 17, by inserting after
4"Enforcement;"

5 providing for social card games;

6Amend Bill, page 1, by inserting between lines 15 and 16
7(A00165)

8Amend Bill, page 2, lines 18 and 19, by striking out "Texas 
9Hold'em card tournament,"

10Amend Bill, page 2, by inserting between lines 21 and 22
11(A00165)

12Amend Bill, page 4, lines 16 through 18, by striking out all
13of said lines

14Amend Bill, page 2, line 38; page 3, lines 1 through 10
15(A00165), by striking out all of said lines on said pages and
16inserting

17Amend Bill, page 5, lines 19 through 30, by striking out all
18of said lines

19Amend Bill, page 5, lines 35 through 40 (A00165), by striking
20out all of said lines and inserting

21Amend Bill, page 18, by inserting between lines 14 and 15

22Section 9. The act is amended by adding a chapter to read:

23CHAPTER 8

24SOCIAL CARD GAMES

25Section 801. Definitions.

26The following words and phrases when used in this chapter
27shall have the meanings given to them in this section unless the

1context clearly indicates otherwise:

2"Nonbanking card game." A card game where players play
3against one another rather than against the house. Nonbanking
4card games may include any of the following:

5(1) Poker games.

6(2) Hearts.

7(3) Rummy.

8(4) Pinochle.

9(5) Bid Whist.

10"Nonbanking card game tournament" or "tournament." A series
11of card games held by a licensed eligible organization during a
12consecutive period of time of not more than 24 hours and not
13held as part of any other games of chance.

14"Pyramid" or "build-up." A card game in which a prize must
15be returned in order to play another game or to be eligible for
16another bigger prize, or a game in which the prize must be
17forfeited if a later game is lost.

18"Social card game" or "card game." A nonbanking card game
19that is played by members at the licensed premises of an
20eligible organization.

21Section 802. Authorization to conduct social card games.

22(a) Authorization.--Notwithstanding any provision of 18
23Pa.C.S. (relating to crimes and offenses) or of this act or any
24other law or regulation to the contrary, social card games may
25be played at the licensed premises of an eligible organization
26in accordance with the requirements of this chapter.

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

28(1) Card games may only be played by and between members
29of the eligible organization.

30(2) The eligible organization or any other person shall
31not have an interest, financial or otherwise, in the outcome
32of any card game.

33(3) Only nonbanking card games may be played with
34members playing against each other.

35(4) Wagering shall be entirely at the discretion of each
36player.

37(5) The maximum prize or payout for a card game shall be
38limited to $100.

39(6) The eligible organization shall not charge a fee for
40play.

41(7) Not more than ten members may play at any table in a
42card game.

43(8) Card games may only be played in a room set aside
44for those activities at the licensed premises of the eligible
45organization.

46(9) Not more than five gaming tables may be made
47available for the play of card games by the eligible
48organization.

49(10) No card games may be played between the hours of 1
50a.m. and 1 p.m.

51(11) No eligible organization or any other person shall

1collect, obtain or charge any percentage of or shall collect
2or obtain any portion of any wager or winnings of any player
3in a card game, except a player may collect his winnings.

4(12) No eligible organization or any other person shall
5collect, or obtain any money from or charge or impose any fee
6upon, any person that either enables the person to play or
7results in or from the person playing a card game, except
8that this paragraph shall not preclude the collection of a
9membership fee by the eligible organization that is unrelated
10to participation in the play of a card game authorized under
11this chapter.

12(13) An eligible organization that allows the use of its
13premises for the play of card games by its members in
14accordance with this chapter shall submit a schedule of the
15proposed dates of such card games and any card game
16tournament to the licensing authority.

17(c) Required postings.--An eligible organization that
18permits the play of card games at its licensed premises shall
19prominently post the following in close proximity of card game
20tables in the room designated to play card games:

21(1) The wagering limits for each type of card game.

22(2) The rules of play.

23(3) Information on where a person can obtain help for
24problem gambling, including the telephone number for the
25Pennsylvania Compulsive Gambling Hotline.

26(d) Prohibitions.--

27(1) It shall be unlawful for an eligible organization
28to:

29(i) Obtain or collect any money or thing of value
30from the conduct of card games at its licensed premises.

31(ii) Knowingly permit a card game to be played in
32violation of this chapter.

33(iii) Fail to comply with the posting requirement in
34accordance with subsection (c).

35(iv) Engage in any act, practice or course of
36conduct that would constitute fraud or deceit upon any
37player in a card game.

38(v) Allow a person under 21 years of age to play a
39card game at its licensed premises.

40(vi) Knowingly allow any person to employ or attempt
41to employ any device, scheme or artifice to cheat or
42defraud any player in a card game.

43(vii) Advertise any card game in violation of
44section 704.

45(2) A licensed organization that violates paragraph (1)
46shall be subject to the penalties imposed under section
47702(d).

48(e) Applicability.--The requirements of sections 502 and 503
49shall not apply to social card games authorized under this
50chapter.

51Section 803. Card game tournaments.

1(a) Authorization.--Notwithstanding any other provision of
2law or regulation to the contrary, an eligible organization may
3conduct nonbanking card game tournaments. A card game tournament
4conducted by an eligible organization shall comply with all of
5the following:

6(1) Only nonbanking card games shall be played in a card
7game tournament.

8(2) Each card game shall be conducted in a fair and
9honest manner and shall not be operated on a build-up or
10pyramid basis.

11(3) Every player in a tournament shall be given the same
12chance of winning the tournament. Second-chance entries or
13multiple entries shall be prohibited.

14(4) The eligible organization shall conduct each
15tournament and shall not contract with or permit another
16person to conduct the tournament or any card game during the
17tournament.

18(5) Only the eligible organization may receive or have
19any fixed or contingent right to receive, directly or
20indirectly, any profit, remuneration or compensation from or
21related to a card game in a card game tournament, except any
22amount that a person may win as a player on the same basis as
23the other players.

24(6) The eligible organization shall not hold more than
25five card game tournaments annually.

26(7) The eligible organization shall not hold a card game
27tournament within seven calendar days of another tournament
28conducted by the eligible organization.

29(8) The eligible organization may hold only one card
30game tournament during any period of 24 consecutive hours,
31starting from the time the tournament begins.

32(9) At the conclusion of each tournament, the eligible
33organization conducting the tournament shall announce the
34name of the winning player and the amount of winnings.

35(10) The eligible organization shall limit the number of
36tables used in the tournament to not more than five with not
37more than ten players at each table.

38(11) A card game tournament shall only be held in a room
39at the licensed premises designated by the eligible
40organization for the conduct of card games.

41(12) Players in tournaments shall be limited to the
42members of the eligible organization.

43(13) Players shall be 21 years of age or older.

44(14) The card game tournament shall not provide any
45direct financial benefit to the eligible organization or any
46other person, except winning players in the tournament.

47(15) The value of all prizes awarded for each
48tournament, except for a Texas Hold'em tournament, shall not
49exceed $200.

50(16) For a tournament involving Texas Hold'em, all of
51the following shall apply:

1(i) The payment of an entry fee or other
2consideration for participating is prohibited.

3(ii) The value of all prizes awarded to an
4individual winner of a tournament or contest at a single
5table shall not exceed $200 each day.

6(17) The eligible organization shall ensure that
7reasonable accommodations are made for players with
8disabilities.

9(b) Required postings.--Notwithstanding subsection (a), the
10eligible organization shall prominently post the tournament
11rules on a sign in the tournament playing room at least 24 hours
12before the tournament begins. The sign shall be at least 30
13inches by 30 inches, and the rules shall be easily readable. The
14sign shall include all of the following:

15(1) In permanent letters three inches high, the words
16"Tournament Rules."

17(2) Card game or games to be played in the tournament
18and the rules of each card game.

19(3) The prize for each card game and tournament.

20(4) How winners will be determined.

21(5) Any other tournament rules.

22(c) Prizes.--Cash or merchandise prizes may be awarded for
23each card game tournament. All of the following shall apply:

24(1) The eligible organization shall distribute the
25prizes awarded on the day the prizes are won.

26(2) Donated or merchandise prizes shall not be
27repurchased by the eligible organization.

28(3) Only prizes that can be won shall be displayed in
29the room where the tournament will be held.