SENATE AMENDED
PRIOR PRINTER'S NOS. 266, 756, 817, PRINTER'S NO. 1889
1175, 1671
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
AS AMENDED ON SECOND CONSIDERATION, IN SENATE, JUNE 16, 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
14 game of bingo be strictly controlled, and that all laws and
1 regulations with respect thereto as well as all gambling laws
2 should be strictly construed and rigidly enforced.
3 The Legislature recognizes the possibility of association
4 between commercial gambling and organized crime, and wishes to
5 discourage commercialization of the game of bingo; prevent
6 participation by organized crime and prevent the diversion of
7 funds from the purposes herein authorized.
8 Section 3. Definitions.
9 The following words and phrases when used in this act shall
10 have, unless the context clearly indicates otherwise, the
11 meanings given to them in this section:
12 "Association." A volunteer fire company or auxiliary
13 thereof, ambulance association or a religious, charitable,
14 fraternal, veterans, civic, county fair or agricultural
15 association organized as a nonprofit organization which shall
16 have existed, and conducted business in furtherance of their
17 written constitution, charter, articles of incorporation or
18 bylaw express purpose, for two years prior to application for a
19 license.
20 "Bingo." A game in which each player has a card or board
21 containing five horizontal rows all but the central one
22 containing five figures. The central row has four figures with
23 the word "free" marked in the center thereof. Any preannounced
24 combination of spaces when completed by a player constitutes
25 bingo. In the absence of a preannouncement of a combination of
26 spaces, any combination of five in a row whether horizontal or
27 vertical when completed by a player constitutes bingo when its
28 members are announced and covered. A wheel or other mechanical
29 device may be used by any person conducting the game of bingo,
30 and any such person may award to any player or players first
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1 completing any combination constituting bingo a prize so long as
2 such prize awarded shall not exceed a value of $250 for any one
3 such game of bingo except for jackpot games which shall not
4 exceed $2,000 for one such game of bingo.
5 "Charitable purpose." Benevolent or philanthropic purpose.
6 "Civic purpose." Community purpose.
7 "LICENSING AUTHORITY." THE COUNTY TREASURER, OR IN ANY HOME <--
8 RULE COUNTY OR CITY OF THE FIRST CLASS, WHERE THERE IS NO
9 ELECTED TREASURER, THE DESIGNEE OF THE GOVERNING AUTHORITY.
10 Section 4. Associations permitted to conduct bingo.
11 Any association, for a charitable or civic purpose, when
12 licensed pursuant to this act, may conduct the game of bingo as
13 herein defined.
14 Section 5. Rules for licensing.
15 (a) Issuance and fee.--In every county, the county treasurer <--
16 THE COUNTY TREASURER, OR IN ANY HOME RULE COUNTY OR CITY OF THE <--
17 FIRST CLASS, WHERE THERE IS NO ELECTED TREASURER, THE INDIVIDUAL
18 RESPONSIBLE FOR ISSUING LICENSES shall license, upon THE <--
19 LICENSING AUTHORITY SHALL LICENSE, UPON application, any
20 association as defined in section 3 to conduct the game of bingo
21 at one location in the county. THE ASSOCIATION SHALL BE <--
22 PERMITTED TO CONDUCT THE GAME OF BINGO AT THE ASSOCIATION'S
23 EXPOSITION OR CARNIVAL SITE IN ADDITION TO THE REGULARLY
24 SCHEDULED GAMES FOR WHICH THE LICENSE WAS ORIGINALLY GRANTED FOR
25 A PERIOD NOT TO EXCEED TEN DAYS. The license fee to be charged
26 to each nonprofit association shall be $100 per annum EXCEPT TO <--
27 THOSE RECOGNIZED SENIOR CITIZENS' GROUPS WHO CONDUCT BINGO FOR
28 THEIR MEMBERS ONLY THE FEE SHALL BE $50 PER ANNUM. The license
29 fee to be charged to each agricultural association or county
30 fair shall be $100 per annum. The fees collected pursuant to
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1 this section shall be paid by the county treasurer LICENSING <--
2 AUTHORITY into the general fund of the county and used for
3 county purposes.
4 (b) Display.--Licenses issued pursuant to this section shall
5 be publicly displayed at games conducted by licensees.
6 (c) Operation.--No association may hire any person not a
7 bona fide member of the association to manage, set up bingo,
8 operate or actually run the game of bingo, except those
9 associations which have been chartered for two years, and obtain <--
10 a yearly license to conduct bingo at carnivals or expositions
11 not exceeding ten days in duration and operate bingo for
12 merchandise only in which case any charitable organization may
13 be hired to manage, set up bingo, and operate or actually run
14 the game. NO SUPPLIER OF MERCHANDISE SHALL HAVE A PECUNIARY <--
15 INTEREST IN THE OPERATION OR PROCEEDS OF THE BINGO GAME.
16 (d) Ineligibility for license.--No license shall be issued <--
17 to any association if:
18 (1) Any person under the age of 18 will be permitted by
19 the association to play bingo unless accompanied by an adult.
20 (2) The facility in which any game of bingo is to be
21 played does not have adequate means of ingress and egress or
22 does not have adequate sanitary facilities available in the
23 area.
24 (3) The association is not the owner of the equipment
25 used in the playing of bingo.
26 (4) The association is not the owner of the premises
27 upon which bingo is played and is either:
28 (i) leasing such premises from the owner thereof
29 under an oral agreement; or
30 (ii) leasing such premises from the owner thereof
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1 under a written agreement at a rental which is determined
2 by the amount of receipts realized from the playing of
3 bingo.
4 (5) The association conducts the playing of bingo more
5 than twice per week in any one week, except those
6 associations excluded under subsection (c).
7 (6) The association, within any 24-hour period, awards a
8 total of more than $4,000 in prizes.
9 (D) APPLICATION FOR LICENSE.--EACH ASSOCIATION SHALL APPLY <--
10 TO THE COUNTY TREASURER LICENSING AUTHORITY FOR A LICENSE ON A <--
11 FORM TO BE PRESCRIBED BY THE SECRETARY OF THE COMMONWEALTH. SAID
12 FORM SHALL CONTAIN AN AFFIDAVIT TO BE AFFIRMED BY THE EXECUTIVE
13 OFFICER OR SECRETARY OF THE ASSOCIATION STATING THAT:
14 (1) NO PERSON UNDER THE AGE OF 18 WILL BE PERMITTED BY
15 THE ASSOCIATION TO PLAY BINGO UNLESS ACCOMPANIED BY AN ADULT.
16 (2) THE FACILITY IN WHICH ANY GAME OF BINGO IS TO BE
17 PLAYED DOES HAVE ADEQUATE MEANS OF INGRESS AND EGRESS OR
18 ADEQUATE SANITARY FACILITIES AVAILABLE IN THE AREA.
19 (3) THE ASSOCIATION IS THE OWNER OF THE EQUIPMENT USED
20 IN PLAYING BINGO.
21 (4) THE ASSOCIATION IS THE OWNER OF THE PREMISES UPON
22 WHICH BINGO IS PLAYED OR IF IT IS NOT, THAT THE ASSOCIATION
23 IS NOT LEASING SUCH PREMISES FROM THE OWNER THEREOF UNDER AN
24 ORAL AGREEMENT, NOR IS IT LEASING SUCH PREMISES FROM THE
25 OWNER THEREOF UNDER A WRITTEN AGREEMENT AT A RENTAL WHICH IS
26 DETERMINED BY THE AMOUNT OF RECEIPTS REALIZED FROM THE
27 PLAYING OF BINGO.
28 (5) THE ASSOCIATION WILL NOT CONDUCT THE PLAYING OF
29 BINGO MORE THAN TWICE PER WEEK IN ANY ONE WEEK, EXCEPT THOSE
30 ASSOCIATIONS EXCLUDED UNDER SUBSECTION (C).
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1 (6) THE ASSOCIATION, IN ANY CALENDAR DAY WILL NOT AWARD
2 A TOTAL OF MORE THEN $4,000 IN PRIZES.
3 (e) Limitation on compensation.--No person may be employed
4 in the operation or the actual running of a bingo game for
5 compensation greater than $50 per day or any part thereof, and
6 any person compensated shall be paid individually.
7 Section 6. Revocation of licenses.
8 (a) Grounds.--The county treasurer LICENSING AUTHORITY shall <--
9 revoke or refuse to renew the license of any association
10 whenever he finds THE DISTRICT ATTORNEY FINDS UPON COMPLAINT AND <--
11 INVESTIGATION that:
12 (1) Any of the funds derived from the operation of the
13 game of bingo are used for any purpose other than for
14 charitable, civic or religious work.
15 (2) Any person under the age of 18 unaccompanied by an
16 adult is playing bingo as herein defined.
17 (3) The facility in which any game of bingo is played
18 does not have adequate means of ingress and egress or does
19 not have adequate sanitary facilities available in the area.
20 (4) Greater compensation than is herein authorized has
21 been paid to or received by any person, or that a person or
22 persons other than those authorized in section 5 have been
23 involved in managing, setting up, operating or running the
24 game.
25 (5) The association conducts bingo using bingo equipment
26 which it does not own.
27 (6) The association conducts bingo upon premises which
28 it does not own and is either:
29 (i) leasing such premises from the owner thereof
30 under an oral agreement; or
19810H0261B1889 - 6 -
1 (ii) leasing such premises from the owner thereof
2 under a written agreement at a rental which is determined
3 by the amount of receipts realized from the playing of
4 bingo.
5 (7) FALSE OR ERRONEOUS INFORMATION WAS PROVIDED IN THE <--
6 ORIGINAL NOTARIZED APPLICATION.
7 (8) AN ASSOCIATION HAS BEEN CONVICTED OF A VIOLATION OF
8 THIS ACT AS EVIDENCED BY A CERTIFIED RECORD OF THE
9 CONVICTION.
10 (b) Production of records.--The county treasurer DISTRICT <--
11 ATTORNEY may require the licensees to produce their books,
12 accounts and records relating to the conduct of bingo in order
13 to determine whether a license should be revoked or renewal
14 thereof denied.
15 (C) POSSIBLE REVOCATION.--THE COUNTY TREASURER LICENSING <--
16 AUTHORITY MAY REVOKE THE LICENSE OF ANY ASSOCIATION IF HE FINDS
17 THAT THE ASSOCIATION HAS KNOWINGLY EMPLOYED ANY PERSON WHO HAS
18 BEEN CONVICTED OF A VIOLATION OF THIS ACT.
19 Section 7. Penalty.
20 (a) Summary offense.--Any association violating the
21 provisions of this act shall be guilty of a summary offense, and
22 upon conviction thereof shall be sentenced to pay a fine not
23 exceeding $1,000 and shall forfeit any license issued to the
24 association, and it shall be ineligible for a license renewal
25 for 30 months thereafter.
26 (b) Misdemeanor.--Any person who conducts or assists in the
27 conducting of bingo, unless engaged in the conduct of bingo by
28 an association licensed pursuant to the provisions of this act,
29 is guilty of a misdemeanor of the first degree.
30 Section 8. Additional powers of the district attorney.
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1 The district attorney, upon receipt of any information to the <--
2 effect that the provisions of this act have been violated, may
3 require the licensee to produce their books, accounts and
4 records relating to the conduct of bingo in order to determine
5 whether criminal action should be pursued.
6 THE DISTRICT ATTORNEY, UPON RECEIPT OF ANY INFORMATION TO THE <--
7 EFFECT THAT THE PROVISIONS OF THIS ACT OR ITS LICENSING
8 PROVISIONS HAVE BEEN VIOLATED, SHALL INVESTIGATE THE COMPLAINT.
9 IF THE DISTRICT ATTORNEY FINDS PROBABLE CAUSE TO BELIEVE THAT A
10 VIOLATION HAS OCCURRED, HE SHALL FILE A COMPLAINT AGAINST THE
11 ALLEGED VIOLATOR IN THE COURT OF COMMON PLEAS IN THE COURT OF
12 SAID COUNTY. IN ADDITION, THE DISTRICT ATTORNEY SHALL PROSECUTE
13 SAID COMPLAINT IN THE MANNER PROVIDED BY LAW.
14 Section 9. Repeal.
15 The provisions of Title 18 of the Pennsylvania Consolidated
16 Statutes (relating to crimes and offenses) are repealed to the
17 extent that they are inconsistent with this act.
18 Section 10. Effective date.
19 This act shall take effect immediately IN 120 DAYS. <--
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