SENATE AMENDED
PRIOR PRINTER'S NOS. 266, 756, 817, PRINTER'S NO. 1671
1175
No. 261 Session of 1981
INTRODUCED BY BURNS, J. L. WRIGHT, WILSON, COCHRAN, MRKONIC,
STEWART, BURD, KUKOVICH, OLIVER, McCLATCHY, COPPABIANCA,
CORNELL, CESSAR, LASHINGER, SALVATORE, PRATT, DOMBROWSKI,
BROWN, STEIGHNER, GRUPPO, COHEN, CLARK, TELEK, BOWSER,
NAHILL, SIEMINSKI, McVERRY, POTT, STEIGHNER, McINTYRE, MERRY,
WHITE, JR, BOYES AND ANDERSON,, JANUARY 27, 1981
SENATOR O'CONNELL, STATE GOVERNMENT, IN SENATE, RE-REPORTED
AS AMENDED, MAY 26, 1981
AN ACT
1 Relating to the lawful conduct of bingo, prescribing penalties
2 and making a repeal.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Short title.
6 This act shall be known and may be cited as the "Bingo Law."
7 Section 2. Legislative intent.
8 The General Assembly hereby declares that the playing of
9 bingo for the purpose of raising funds, by certain nonprofit
10 associations, for the promotion of charitable or civic purposes,
11 is in the public interest.
12 It is hereby declared to be the policy of the Legislature
13 that all phases of licensing, operation and regulation of the
1 game of bingo be strictly controlled, and that all laws and
2 regulations with respect thereto as well as all gambling laws
3 should be strictly construed and rigidly enforced.
4 The Legislature recognizes the possibility of association
5 between commercial gambling and organized crime, and wishes to
6 discourage commercialization of the game of bingo; prevent
7 participation by organized crime and prevent the diversion of
8 funds from the purposes herein authorized.
9 Section 3. Definitions.
10 The following words and phrases when used in this act shall
11 have, unless the context clearly indicates otherwise, the
12 meanings given to them in this section:
13 "Association." A volunteer fire company or auxiliary
14 thereof, ambulance association or a religious, charitable,
15 fraternal, veterans, civic, county fair or agricultural
16 association organized as a nonprofit organization which shall
17 have existed, and conducted business in furtherance of their
18 written constitution, charter, articles of incorporation or
19 bylaw express purpose, for two years prior to application for a
20 license.
21 "Bingo." A game in which each player has a card or board
22 containing five horizontal rows all but the central one
23 containing five figures. The central row has four figures with
24 the word "free" marked in the center thereof. Any preannounced
25 combination of spaces when completed by a player constitutes
26 bingo. In the absence of a preannouncement of a combination of
27 spaces, any combination of five in a row whether horizontal or
28 vertical when completed by a player constitutes bingo when its
29 members are announced and covered. A wheel or other mechanical
30 device may be used by any person conducting the game of bingo,
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1 and any such person may award to any player or players first
2 completing any combination constituting bingo a prize so long as
3 such prize awarded shall not exceed a value of $250 for any one
4 such game of bingo except for jackpot games which shall not
5 exceed $2,000 for one such game of bingo.
6 "Charitable purpose." Benevolent or philanthropic purpose.
7 "Civic purpose." Community purpose.
8 Section 4. Associations permitted to conduct bingo.
9 Any association, for a charitable or civic purpose, when
10 licensed pursuant to this act, may conduct the game of bingo as
11 herein defined.
12 Section 5. Rules for licensing.
13 (a) Issuance and fee.--In every county, the county treasurer <--
14 THE COUNTY TREASURER, OR IN ANY HOME RULE COUNTY OR CITY OF THE <--
15 FIRST CLASS, WHERE THERE IS NO ELECTED TREASURER, THE INDIVIDUAL
16 RESPONSIBLE FOR ISSUING LICENSES shall license, upon
17 application, any association as defined in section 3 to conduct
18 the game of bingo at one location in the county. The license fee
19 to be charged to each nonprofit association shall be $100 per
20 annum EXCEPT TO THOSE RECOGNIZED SENIOR CITIZENS' GROUPS WHO <--
21 CONDUCT BINGO FOR THEIR MEMBERS ONLY THE FEE SHALL BE $50 PER
22 ANNUM. The license fee to be charged to each agricultural
23 association or county fair shall be $100 per annum. The fees
24 collected pursuant to this section shall be paid by the county
25 treasurer into the general fund of the county and used for
26 county purposes.
27 (b) Display.--Licenses issued pursuant to this section shall
28 be publicly displayed at games conducted by licensees.
29 (c) Operation.--No association may hire any person not a
30 bona fide member of the association to manage, set up bingo,
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1 operate or actually run the game of bingo, except those
2 associations which have been chartered for two years, and obtain
3 a yearly license to conduct bingo at carnivals or expositions
4 not exceeding ten days in duration and operate bingo for
5 merchandise only in which case any charitable organization may
6 be hired to manage, set up bingo, and operate or actually run
7 the game. NO SUPPLIER OF MERCHANDISE SHALL HAVE A PECUNIARY <--
8 INTEREST IN THE OPERATION OR PROCEEDS OF THE BINGO GAME.
9 (d) Ineligibility for license.--No license shall be issued <--
10 to any association if:
11 (1) Any person under the age of 18 will be permitted by
12 the association to play bingo unless accompanied by an adult.
13 (2) The facility in which any game of bingo is to be
14 played does not have adequate means of ingress and egress or
15 does not have adequate sanitary facilities available in the
16 area.
17 (3) The association is not the owner of the equipment
18 used in the playing of bingo.
19 (4) The association is not the owner of the premises
20 upon which bingo is played and is either:
21 (i) leasing such premises from the owner thereof
22 under an oral agreement; or
23 (ii) leasing such premises from the owner thereof
24 under a written agreement at a rental which is determined
25 by the amount of receipts realized from the playing of
26 bingo.
27 (5) The association conducts the playing of bingo more
28 than twice per week in any one week, except those
29 associations excluded under subsection (c).
30 (6) The association, within any 24-hour period, awards a
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1 total of more than $4,000 in prizes.
2 (D) APPLICATION FOR LICENSE.--EACH ASSOCIATION SHALL APPLY <--
3 TO THE COUNTY TREASURER FOR A LICENSE ON A FORM TO BE PRESCRIBED
4 BY THE SECRETARY OF THE COMMONWEALTH. SAID FORM SHALL CONTAIN AN
5 AFFIDAVIT TO BE AFFIRMED BY THE EXECUTIVE OFFICER OR SECRETARY
6 OF THE ASSOCIATION STATING THAT:
7 (1) NO PERSON UNDER THE AGE OF 18 WILL BE PERMITTED BY
8 THE ASSOCIATION TO PLAY BINGO UNLESS ACCOMPANIED BY AN ADULT.
9 (2) THE FACILITY IN WHICH ANY GAME OF BINGO IS TO BE
10 PLAYED DOES HAVE ADEQUATE MEANS OF INGRESS AND EGRESS OR
11 ADEQUATE SANITARY FACILITIES AVAILABLE IN THE AREA.
12 (3) THE ASSOCIATION IS THE OWNER OF THE EQUIPMENT USED
13 IN PLAYING BINGO.
14 (4) THE ASSOCIATION IS THE OWNER OF THE PREMISES UPON
15 WHICH BINGO IS PLAYED OR IF IT IS NOT, THAT THE ASSOCIATION
16 IS NOT LEASING SUCH PREMISES FROM THE OWNER THEREOF UNDER AN
17 ORAL AGREEMENT, NOR IS IT LEASING SUCH PREMISES FROM THE
18 OWNER THEREOF UNDER A WRITTEN AGREEMENT AT A RENTAL WHICH IS
19 DETERMINED BY THE AMOUNT OF RECEIPTS REALIZED FROM THE
20 PLAYING OF BINGO.
21 (5) THE ASSOCIATION WILL NOT CONDUCT THE PLAYING OF
22 BINGO MORE THAN TWICE PER WEEK IN ANY ONE WEEK, EXCEPT THOSE
23 ASSOCIATIONS EXCLUDED UNDER SUBSECTION (C).
24 (6) THE ASSOCIATION, IN ANY CALENDAR DAY WILL NOT AWARD
25 A TOTAL OF MORE THEN $4,000 IN PRIZES.
26 (e) Limitation on compensation.--No person may be employed
27 in the operation or the actual running of a bingo game for
28 compensation greater than $50 per day or any part thereof, and
29 any person compensated shall be paid individually.
30 Section 6. Revocation of licenses.
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1 (a) Grounds.--The county treasurer shall revoke or refuse to
2 renew the license of any association whenever he finds THE <--
3 DISTRICT ATTORNEY FINDS UPON COMPLAINT AND INVESTIGATION that:
4 (1) Any of the funds derived from the operation of the
5 game of bingo are used for any purpose other than for
6 charitable, civic or religious work.
7 (2) Any person under the age of 18 unaccompanied by an
8 adult is playing bingo as herein defined.
9 (3) The facility in which any game of bingo is played
10 does not have adequate means of ingress and egress or does
11 not have adequate sanitary facilities available in the area.
12 (4) Greater compensation than is herein authorized has
13 been paid to or received by any person, or that a person or
14 persons other than those authorized in section 5 have been
15 involved in managing, setting up, operating or running the
16 game.
17 (5) The association conducts bingo using bingo equipment
18 which it does not own.
19 (6) The association conducts bingo upon premises which
20 it does not own and is either:
21 (i) leasing such premises from the owner thereof
22 under an oral agreement; or
23 (ii) leasing such premises from the owner thereof
24 under a written agreement at a rental which is determined
25 by the amount of receipts realized from the playing of
26 bingo.
27 (7) FALSE OR ERRONEOUS INFORMATION WAS PROVIDED IN THE <--
28 ORIGINAL NOTARIZED APPLICATION.
29 (8) AN ASSOCIATION HAS BEEN CONVICTED OF A VIOLATION OF
30 THIS ACT AS EVIDENCED BY A CERTIFIED RECORD OF THE
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1 CONVICTION.
2 (b) Production of records.--The county treasurer DISTRICT <--
3 ATTORNEY may require the licensees to produce their books,
4 accounts and records relating to the conduct of bingo in order
5 to determine whether a license should be revoked or renewal
6 thereof denied.
7 (C) POSSIBLE REVOCATION.--THE COUNTY TREASURER MAY REVOKE <--
8 THE LICENSE OF ANY ASSOCIATION IF HE FINDS THAT THE ASSOCIATION
9 HAS KNOWINGLY EMPLOYED ANY PERSON WHO HAS BEEN CONVICTED OF A
10 VIOLATION OF THIS ACT.
11 Section 7. Penalty.
12 (a) Summary offense.--Any association violating the
13 provisions of this act shall be guilty of a summary offense, and
14 upon conviction thereof shall be sentenced to pay a fine not
15 exceeding $1,000 and shall forfeit any license issued to the
16 association, and it shall be ineligible for a license renewal
17 for 30 months thereafter.
18 (b) Misdemeanor.--Any person who conducts or assists in the
19 conducting of bingo, unless engaged in the conduct of bingo by
20 an association licensed pursuant to the provisions of this act,
21 is guilty of a misdemeanor of the first degree.
22 Section 8. Additional powers of the district attorney.
23 The district attorney, upon receipt of any information to the <--
24 effect that the provisions of this act have been violated, may
25 require the licensee to produce their books, accounts and
26 records relating to the conduct of bingo in order to determine
27 whether criminal action should be pursued.
28 THE DISTRICT ATTORNEY, UPON RECEIPT OF ANY INFORMATION TO THE <--
29 EFFECT THAT THE PROVISIONS OF THIS ACT OR ITS LICENSING
30 PROVISIONS HAVE BEEN VIOLATED, SHALL INVESTIGATE THE COMPLAINT.
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1 IF THE DISTRICT ATTORNEY FINDS PROBABLE CAUSE TO BELIEVE THAT A
2 VIOLATION HAS OCCURRED, HE SHALL FILE A COMPLAINT AGAINST THE
3 ALLEGED VIOLATOR IN THE COURT OF COMMON PLEAS IN THE COURT OF
4 SAID COUNTY. IN ADDITION, THE DISTRICT ATTORNEY SHALL PROSECUTE
5 SAID COMPLAINT IN THE MANNER PROVIDED BY LAW.
6 Section 9. Repeal.
7 The provisions of Title 18 of the Pennsylvania Consolidated
8 Statutes (relating to crimes and offenses) are repealed to the
9 extent that they are inconsistent with this act.
10 Section 10. Effective date.
11 This act shall take effect immediately IN 120 DAYS. <--
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