PRIOR PRINTER'S NO. 3135 PRINTER'S NO. 3607
No. 2300 Session of 1990
INTRODUCED BY TRELLO, COLAIZZO, CORRIGAN, CIVERA, LUCYK, VEON, GIGLIOTTI, PETRONE, PISTELLA, PRESTON, RAYMOND, STABACK, STEIGHNER, STISH, TANGRETTI, F. TAYLOR, J. TAYLOR, THOMAS, TIGUE, TRICH, VAN HORNE, WOGAN, WOZNIAK, R. C. WRIGHT, LEVDANSKY, RICHARDSON, BELARDI, BILLOW, BURD, BURNS, CALTAGIRONE, CAPPABIANCA, CAWLEY, DALEY, DeLUCA, DeWEESE, DOMBROWSKI, HOWLETT, JAROLIN, JOSEPHS, KASUNIC, KENNEY, KOSINSKI, LaGROTTA, LASHINGER, LAUGHLIN, LESCOVITZ, MAYERNIK, McNALLY, McVERRY, MICHLOVIC, MRKONIC, OLASZ, TELEK, COHEN, JAMES, COLAFELLA AND WILLIAMS, MARCH 13, 1990
AS REPORTED FROM COMMITTEE ON FINANCE, HOUSE OF REPRESENTATIVES, AS AMENDED, MAY 30, 1990
AN ACT 1 Providing for control and licensing of video poker machines in 2 this Commonwealth; creating the Video Poker Machine Control 3 Commission and providing for its powers and duties; and 4 providing for local option and for distribution of revenues. 5 TABLE OF CONTENTS 6 Section 1. Short title. 7 Section 2. Definitions. 8 Section 3. Video Poker Machine Control Commission. 9 Section 4. Qualifications. 10 Section 5. Chairman of commission; quorum. 11 Section 6. Director. 12 Section 7. Powers and duties of commission. 13 Section 8. Use of enforcement agents. 14 Section 9. Unlawful use by minors.
1 Section 10. Direct dispensing. 2 Section 11. Local options. 3 Section 12. Authority to license. 4 Section 13. Distribution of proceeds. 5 Section 14. Government revenues. 6 Section 15. Creation of account. 7 Section 16. Preemption of local taxes and license fees. 8 Section 17. Prohibition and Penalties. 9 Section 18. Exemption from State gambling laws. 10 Section 19. Exemption from Federal regulation. 11 Section 20. Effective date. 12 The General Assembly of the Commonwealth of Pennsylvania 13 hereby enacts as follows: 14 Section 1. Short title. 15 This act shall be known and may be cited as the Video Poker 16 Machine Control Law. 17 Section 2. Definitions. 18 The following words and phrases when used in this act shall 19 have the meanings given to them in this section unless the 20 context clearly indicates otherwise: 21 "Commission." The Video Poker Machine Control Commission 22 created by this act. 23 "Distributor." An individual, partnership or corporation 24 licensed under this act to buy, sell, lease or distribute video 25 poker machines. The term excludes machine owners and 26 manufacturers. 27 "Gross proceeds." The total amount of money placed into 28 video poker machines. 29 "Incentive." A consideration, including a premium or bonus 30 in cash or advance commission or merchandise, offered from a 19900H2300B3607 - 2 -
1 machine owner to a licensed establishment in order to solicit 2 its business. 3 "Licensed establishment." A restaurant, bar, tavern, hotel 4 or club which has a valid liquor OR MALT BEVERAGE license under <-- 5 the act of April 12, 1951 (P.L.90, No.21), known as the Liquor 6 Code, and which is located within a participating political 7 subdivision: PROVIDED, HOWEVER, THAT THE PROVISIONS OF THIS ACT <-- 8 SHALL NOT APPLY TO ACTIVITIES RELATING TO SPECIAL OCCASION 9 PERMITS. 10 "Machine owner." An individual, partnership or corporation 11 which is licensed under this act and which owns, services and 12 maintains video poker machines for placement in licensed 13 establishments. 14 "Manufacturer." An individual, partnership or corporation 15 which is licensed under this act and which manufacturers or 16 assembles video poker machines. 17 "MUNICIPALITY." A CITY, BOROUGH, INCORPORATED TOWN OR <-- 18 TOWNSHIP OR A HOME RULE MUNICIPALITY FORMERLY CLASSIFIED AS A 19 CITY, BOROUGH, INCORPORATED TOWN OR TOWNSHIP. 20 "Net profits." Gross proceeds after awards have been paid. 21 "Participating political subdivisions." Any city, 22 incorporated town, township, borough or home rule municipality 23 where video poker machines are in use in accordance with this 24 act. 25 "Person." Includes a corporation, partnership and 26 association, as well as a natural person. 27 "Video poker machines." A device or machine which, upon 28 insertion of a coin or currency, will play or simulate the play 29 of the game of poker, utilizing a video display and 30 microprocessors and in which, by the skill of the player or by 19900H2300B3607 - 3 -
1 chance, the player may receive free games or credits which may 2 be redeemed for cash. No machine shall directly dispense any 3 coins, cash, tokens or anything of value. 4 Section 3. Video Poker Machine Control Commission. 5 (a) Commission created.--An independent commission, to be 6 known as the Video Poker Machine Control Commission is hereby 7 created. The commission shall consist of five members, one to be 8 appointed by the Governor, one by the Speaker of the House of 9 Representatives, one by the President pro tempore of the Senate, 10 one by the Minority Leader of the House of Representatives and 11 one by the Minority Leader of the Senate. 12 (b) Members.--Of the original members, two shall be 13 appointed for a term of two years, two for a term of four years 14 and one for a term of six years. Those appointed by the Minority 15 Leader of the House of Representatives and the Minority Leader 16 of the Senate shall serve the initial two-year term. Those 17 appointed by the Speaker of the House of Representatives and the 18 President pro tempore of the Senate shall serve the initial 19 four-year terms. The Governor's appointment shall serve the 20 initial six-year term. Thereafter, all appointments shall be for 21 terms of six years or until successors are appointed and 22 qualified. All successors shall be appointed by the same 23 appointing authority as the members whom they are replacing. 24 (c) Salaries and expenses.--The members of the commission <-- 25 shall receive salaries as determined by the Executive Board and 26 shall be reimbursed for all actual and necessary expenses 27 performed in the course of their duties. 28 (C) COMPENSATION AND EXPENSES.--THE MEMBERS OF THE <-- 29 COMMISSION SHALL BE COMPENSATED AT A RATE OF $125 PER DAY AND 30 SHALL RECEIVE REIMBURSEMENT FOR THEIR ACTUAL AND NECESSARY 19900H2300B3607 - 4 -
1 EXPENSES WHILE PERFORMING THE BUSINESS OF THE COMMISSION. 2 Section 4. Qualifications. 3 (a) Citizenship and residency.--Each member of the 4 commission, at the time of appointment and qualification, shall 5 be a citizen of the United States and a resident of this 6 Commonwealth and shall have been a qualified elector in this 7 Commonwealth for a period of at least two years preceding the 8 member's appointment. 9 (b) Offices.--No member of the commission shall, during the 10 member's period of service, hold any other office under the laws 11 of this Commonwealth or the United States or seek elected office 12 of any kind within this Commonwealth of the United States. 13 Section 5. Chairman of commission; quorum. 14 (a) Appointment.--The member appointed by the Governor shall 15 serve as chairman. The chairman shall, when present, preside at 16 all meetings. In the chairman's absence, a member designated by 17 the commission shall preside. 18 (b) Quorum.--Three members of the commission shall 19 constitute a quorum, and any action or order of the commission 20 shall require the approval of at least three members. 21 Section 6. Director. 22 The commission shall appoint an executive director to hold 23 office at its pleasure. The director shall have powers and 24 duties as the commission shall prescribe and shall receive 25 compensation as the commission shall determine. The director 26 shall have the authority to employ personnel necessary to carry 27 out the duties of office. 28 Section 7. Powers and duties of commission. 29 (a) General powers and duties.--The commission shall: 30 (1) Provide for licensing and for distribution of 19900H2300B3607 - 5 -
1 revenue. 2 (2) Prescribe all necessary application and reporting 3 forms. 4 (3) Grant or deny license applications. 5 (4) Prescribe types of video poker machines to be used. 6 (b) License approval.--The commission may not deny any 7 application or limit, condition or restrict any license except 8 for nonconformance with this act. An applicant shall not be 9 granted a license unless: 10 (1) If the applicant is an individual: 11 (i) The applicant is of good character, honesty and 12 integrity and in all respects is qualified and has 13 adequate financing from suitable sources. 14 (ii) The applicant has been a citizen of the United <-- 15 States and a resident of this Commonwealth for at least 16 two years prior to the application. 17 (II) IF THE APPLICANT IS A DISTRIBUTOR, MACHINE <-- 18 OWNER OR LICENSED ESTABLISHMENT, THE APPLICANT HAS BEEN A 19 CITIZEN OF THE UNITED STATES AND A RESIDENT OF THIS 20 COMMONWEALTH FOR AT LEAST TWO YEARS PRIOR TO THE 21 APPLICATION. 22 (2) If the applicant is a partnership, all partners 23 qualify as individuals under paragraph (1). 24 (3) If the applicant is a DISTRIBUTOR, MACHINE OWNER OR <-- 25 LICENSED ESTABLISHMENT AND A corporation: 26 (i) It is a registered Pennsylvania corporation for 27 at lease one year. 28 (ii) At least 50% of its directors have been 29 Pennsylvania residents for at least two years. 30 (iii) All officers qualify as individuals under 19900H2300B3607 - 6 -
1 paragraph (1). 2 (iv) All stockholders are individuals. 3 (c) Hearing and appeals.--Any person who was denied a 4 license shall have the right to a hearing before the commission. 5 The hearing shall be conducted in accordance with the provisions 6 of 2 Pa.C.S. (relating to administrative law and procedure). An 7 aggrieved party shall have the right to appeal the decision on 8 license denial to the court of common pleas in the judicial 9 district having jurisdiction over the applicant and/or the 10 licensed premises. 11 (d) Winning percentage.--The commission shall prescribe 12 winning percentages and necessary machine accounting 13 information. IF CENTRAL AUDITING IS REQUIRED, THE COMMISSION <-- 14 SHALL PROVIDE LICENSED MANUFACTURERS OR MANUFACTURERS APPLYING 15 FOR LICENSURE THE PROTOCOL DOCUMENTATION NECESSARY TO ENABLE 16 THEIR VIDEO POKER MACHINES TO COMMUNICATE WITH THE COMMISSION'S 17 CENTRAL COMPUTER IN PROVIDING THE AUDITING PROGRAM INFORMATION 18 AND CONTROLS APPROVED BY THE COMMISSION. All video poker 19 machines will be set at a minimum win percentage of 80%. All 20 video poker machines will have metering devices to verify the 21 winning percentages. 22 (e) Violations.--The commission shall investigate licensees 23 for violations of this act and shall hold hearings in which to 24 consider these matters. Hearings and appeals shall be conducted 25 in the same manner as set forth in subsection (c). The 26 commission shall have authority to suspend or revoke a license 27 if it finds that a violation of this act has occurred. No 28 license shall be suspended or revoked until a hearing is 29 completed. The fine for a violation of provisions of this act or 30 of regulations adopted under this act shall not exceed $5,000 19900H2300B3607 - 7 -
1 for the first offense and $15,000 for each subsequent violation.
2 (f) Standards of conduct.--The commission shall prescribe
3 rules and regulations for the conduct of the officers, employees
4 and agents of the commission.
5 (g) Regulation.--The commission shall promulgate regulations
6 to carry out the provisions of this act.
7 Section 8. Use of enforcement agents.
8 (a) Powers.--Employees of the commission designated as
9 enforcement agents shall be empowered to investigate the
10 background and associates of every license applicant to whatever
11 extent is judged necessary by the commission. No investigation
12 shall be undertaken prior to the submission of an application
13 for a license by a party, and no investigation shall continue
14 subsequent to the grant of a license, the denial of a license or <--
15 the withdrawal of a license application.
16 (b) Authority.--Enforcement agents are peace officers and
17 shall have police power and authority throughout this
18 Commonwealth to arrest, on view or under warrant, any person
19 tampering with video poker machines, attempting or conspiring to
20 manipulate the outcome or the payoff of any machine, or
21 manipulating the outcome or payoff of any machine by physical
22 tampering or through the interference of the lawful or proper
23 functioning of the mechanism by any means whatsoever.
24 (c) Investigation and report.--Enforcement agents may
25 investigate any alleged illegal activities concerning video
26 poker machines and their operation, maintenance and placement.
27 Findings shall be reported in writing to the commission, which
28 shall relay any suspected criminal activity or violations of the
29 law to the district attorney for prosecution.
30 (d) State and local police.--In addition to any other person
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1 authorized to enforce the provisions of this act, the 2 Pennsylvania State Police and police of participating political 3 subdivisions are empowered to enforce this act. 4 Section 9. Unlawful use by minors. 5 (a) Minors.--No person under 21 years of age may use or play 6 a video poker machine. A minor using or playing or attempting to 7 use or play a video poker machine commits a summary offense. 8 (b) Licensees.--A licensed establishment in which a person 9 under 21 years of age plays or uses a video poker machine, 10 whether or not that licensed establishment is actually aware of 11 the minor's age, commits a summary offense and shall, upon 12 conviction, pay a fine of not more than $5,000. The 13 establishment of any of the following facts by a person allowing 14 a minor to operate the video poker machines constitutes a 15 defense to prosecution under this subsection: 16 (1) The minor falsely represented in writing that the 17 minor was 21 years of age or older. 18 (2) The appearance of the minor was such that an 19 ordinary person of prudent judgment would believe the minor 20 to be 21 years of age or older. 21 Section 10. Direct dispensing. 22 A video poker machine may not directly dispense coins, cash, 23 tokens or any other article of exchange or value except for 24 receipt tickets. Such tickets shall be dispensed by pressing the 25 ticket dispensing button on the machine at the end of one's turn 26 or play. The ticket shall indicate the total amount of credits 27 and the cash award, and the player shall turn in this ticket to 28 the appropriate person at the licensed establishment to receive 29 the cash award. The cost of the credit shall be 25¢, and the 30 number of credits played per game shall not exceed eight. No 19900H2300B3607 - 9 -
1 cash award for any individual game shall exceed $500. All video 2 poker machines shall be designed and manufactured with total 3 accountability, to include gross proceeds, net profits, winning 4 percentages and any other information the commission requires. 5 Section 11. Local options. 6 (a) Election to be held.--In any municipality, an election <-- 7 may be held on the date of the primary election immediately 8 preceding any municipal election, but not more than once in four 9 years, to determine the will of the electors with respect to the 10 issuance of licenses within the limits of such municipality 11 under the provisions of this act. Where an election had been 12 held at the primary election preceding a municipal election in 13 any year, another election may be held under the provisions of 14 this act at the primary election occurring the fourth year after 15 such prior election. When electors equal to at least 25% of the 16 highest vote cast for any office in the municipality at the last 17 preceding general election file a petition with the county board 18 of elections of the county, or when the governing body of the 19 municipality adopts, by a majority vote, a resolution to place a 20 question on the ballot and a copy of the resolution is filed 21 with the board of elections of the county, for a referendum on 22 the question of issuing licenses, the county board of elections 23 shall cause a question to be placed on the ballot or on the 24 voting machine board and submitted at the primary election 25 immediately preceding the municipal election. 26 (A) ELECTION TO BE HELD.--IN ANY MUNICIPALITY, AN ELECTION <-- 27 MAY BE HELD ON THE DATE OF A PRIMARY, MUNICIPAL OR GENERAL 28 ELECTION TO DETERMINE THE WILL OF THE ELECTORS WITH RESPECT TO 29 THE ISSUANCE OF LICENSES WITHIN THE LIMITS OF SUCH MUNICIPALITY 30 UNDER THE PROVISIONS OF THIS ACT. WHENEVER ELECTORS EQUAL TO AT 19900H2300B3607 - 10 -
1 LEAST 25% OF THE HIGHEST VOTE CAST FOR ANY OFFICE IN THE 2 MUNICIPALITY AT THE LAST PRECEDING GENERAL ELECTION SHALL FILE A 3 PETITION WITH THE COUNTY BOARD OF ELECTIONS OF THE COUNTY, OR 4 THE GOVERNING BODY OF THE MUNICIPALITY ADOPTS, BY A MAJORITY 5 VOTE, A RESOLUTION TO PLACE SUCH A QUESTION ON THE BALLOT AND A 6 COPY OF THE RESOLUTION IS FILED WITH THE BOARD OF ELECTIONS OF 7 THE COUNTY, FOR A REFERENDUM ON THE QUESTION OF ISSUING 8 LICENSES, THE COUNTY BOARD OF ELECTIONS SHALL CAUSE A QUESTION 9 TO BE PLACED ON THE BALLOT OR ON THE VOTING MACHINE BOARD AND 10 SUBMITTED AT THE NEXT FOLLOWING PRIMARY, MUNICIPAL OR GENERAL 11 ELECTION. THE QUESTION SHALL BE IN THE FOLLOWING FORM: 12 DO YOU FAVOR THE ISSUANCE OF LICENSES TO PERMIT THE PLAY 13 OF VIDEO POKER IN THE OF ? 14 (b) Vote.--If a majority of the electors voting on the 15 question under subsection (a) vote "yes", then licenses shall be 16 issued by the licensing authority COMMISSION in such <-- 17 municipality, but if a majority of the electors voting on such 18 question vote "no", then the licensing authority COMMISSION <-- 19 shall have no power to issue or to renew, upon their expiration, 20 any licenses in such municipality, unless and until, at a later 21 election, a majority of the voting electors vote "yes" on such 22 question. 23 (c) Voting procedures.--Proceedings under this section shall 24 be in accordance with the provisions of the act of June 3, 1937 25 (P.L.1333, No.320), known as the Pennsylvania Election Code. 26 (d) Applicability.--This act applies only to those licensed 27 establishments located in municipalities which have adopted the 28 provisions of this act by an affirmative vote in a municipal 29 referendum in accordance with the provisions of this section. 30 (e) Withdrawal of approval.--The referendum procedure 19900H2300B3607 - 11 -
1 contained in this section shall also be available to withdraw 2 the approval of the issuance of licenses within the municipality 3 which was granted through a prior referendum. 4 Section 12. Authority to license. 5 (a) Type of licenses.--After approving the proper 6 applications, the commission shall issue the following licenses: 7 (1) A manufacturer's license to a person that 8 manufactures or assembles video poker machines for use in 9 Pennsylvania. The annual fee shall be $25,000. 10 (2) A distributor's license to a person that buys or 11 sells video poker machines in Pennsylvania other than an 12 operator. The annual fee shall be $10,000. 13 (3) A machine owner's license to a person who owns, 14 services and maintains video poker machines for placement in 15 licensed establishments. The annual fee shall be $25,000 for 16 the first 50 individual poker machine licenses. For each 17 additional video poker machine, the annual fee shall be $500 18 per machine. Every video poker machine in use in this 19 Commonwealth must have a current $500 license displayed. 20 Every video poker machine licensed under this act must be 21 manufactured by an individual, partnership or corporation 22 licensed under paragraph (1). 23 (4) A licensed establishment must obtain a license under 24 this act in order to have video poker machines on its 25 premises. The annual fee for the license shall be $300 for 26 each machine per year. 27 (b) Commercial LICENSED establishment requirements.--For any <-- 28 commercial LICENSED establishment which is approved by the <-- 29 Commonwealth and which uses video poker machines, the maximum 30 number of video poker machines allowed per location shall be 19900H2300B3607 - 12 -
1 five THREE. No video poker machines may be placed in any <-- 2 commercial LICENSED establishment unless the owner of a <-- 3 commercial LICENSED establishment has entered into a contract <-- 4 with an operator for the placement of the machine or machines 5 for a minimum term of one year. 6 (c) Limitations.-- <-- 7 (1) No machine owner shall be issued more than one 8 license. 9 (2) No person may hold more than one class of license, 10 directly or indirectly, or have any interest therein. 11 (C) LIMITATIONS.--NO PERSON MAY HOLD MORE THAN ONE CLASS OF <-- 12 LICENSE, DIRECTLY OR INDIRECTLY, OR HAVE ANY INTEREST THEREIN. 13 (d) Incentives.--No machine owner may give and no licensed 14 establishment may receive an incentive. 15 Section 13. Distribution of proceeds. 16 (a) Collection.--Gross proceeds shall be collected by the 17 machine owner for each licensed video poker machine. 18 (b) Distribution of net profits.--From the effective date of <-- 19 this act, for a two-year period, the THE net profits derived <-- 20 from a video poker machine shall be distributed by the machine 21 owner as follows: 22 (1) 40% to the machine owner. <-- 23 (2) 40% to the licensed establishment where the machine 24 is located. 25 (3) 20% to the treasurer of the county in which the 26 machine is located, to be distributed as set forth in section 27 14. 28 (c) Manner of distribution after two-year period.--After the 29 two-year period set forth in subsection (b), the net profits 30 derived from a video poker machine shall be distributed by the 19900H2300B3607 - 13 -
1 machine owner as follows: 2 (1) 35% to the machine owner. 3 (2) 35% to the licensed establishment where the machine 4 is located. 5 (3) 30% to the treasurer of the county in which the 6 machine is located, to be distributed as set forth in section 7 14. 8 (d) (C) Reports.--The machine owner shall make a monthly <-- 9 duplicate report to the county treasurer and to the commission 10 with the following information: 11 (1) The serial number of each video poker machine. 12 (2) The name and address of premises where machine is 13 located. 14 (3) A computer printout of the net profits of each 15 machine. 16 (4) ANY OTHER INFORMATION THAT THE COMMISSION DEEMS <-- 17 NECESSARY. 18 Section 14. Government revenues. 19 Those net profits collected by the county treasurer, as set 20 forth in section 13, shall be distributed as follows: 21 (1) 2% 10% to the county treasurer for the county for <-- 22 collecting and distributing funds as directed by this act. 23 (2) 44% 40% to the political subdivision where the video <-- 24 poker machine is located. 25 (3) 44% 40% to the school district where the video poker <-- 26 machine is located. 27 (4) 10% to the office of Attorney General to be used for 28 drug enforcement and/or drug education. 29 Section 15. Creation of account. 30 All revenues from licenses and fines shall be placed in a 19900H2300B3607 - 14 -
1 restricted revenue account to fund the total operation of the 2 commission, including, but not limited to, salaries and 3 administrative expenses. The commission shall allocate a minimum 4 of $1,000,000 annually to be used for the treatment of 5 compulsive behaviors in accordance with regulations adopted by 6 the commission. THE FIRST SUCH ALLOCATION SHALL BE MADE IN THE <-- 7 FIRST FISCAL YEAR COMMENCING ONE YEAR FOLLOWING THE EFFECTIVE 8 DATE OF THIS ACT. 9 Section 16. Preemption of local taxes and license fees. 10 Video poker machines and coin-operated amusement machines 11 shall be exempt from taxes levied under the act of August 5, 12 1932 (Sp.Sess., P.L.45, No.45), referred to as the Sterling Act, 13 the act of December 31, 1965 (P.L.1257, No.511), known as The 14 Local Tax Enabling Act, or the act of April 13, 1972 (P.L.184, 15 No.62), known as the Home Rule Charter and Optional Plans Law, 16 or under any other statute which confers taxing authority to any 17 political subdivision. 18 Section 17. Prohibition and penalties. 19 (a) Manufacture.--A person may not manufacture, assemble or 20 produce a video poker machine in this Commonwealth unless the 21 person has a valid manufacturer's license issued under section 22 12(a)(1). 23 (b) Distribution.--A person may not sell, distribute, lease 24 or market a video poker machine in this Commonwealth unless the 25 person has a valid distributor's license issued under section 26 12(a)(2). 27 (c) License required.--A person may not own, service, 28 maintain, lease or place a video poker machine unless he has a 29 valid owner's license issued under section 12(a)(3). 30 (d) Use.--A person may not offer, enable or allow the 19900H2300B3607 - 15 -
1 playing of video poker at an establishment unless that 2 establishment has a valid establishment license issued under 3 section 12(a)(4). A person with a valid establishment license 4 may not have more than five video poker machines in a licensed 5 establishment at the same time. 6 (e) Tampering.--A person may not manipulate the outcome or 7 payoff of a video poker machine through interference with the 8 proper functioning of the mechanism. 9 (f) Penalties.-- 10 (1) A person who violates this section commits a 11 misdemeanor of the third degree and shall, upon conviction, 12 be sentenced to pay a fine of $1,000, or to imprisonment for 13 not more than one year, or both. 14 (2) A person who violates this section a second time 15 commits a misdemeanor of the second degree and shall, upon 16 conviction, be sentenced to pay a fine of $2,000, or to 17 imprisonment for not more than two years, or both. 18 (3) A person who violates this section a third or 19 subsequent time commits a misdemeanor of the first degree and 20 shall, upon conviction, be sentenced to pay a fine of $5,000, 21 or to imprisonment for not more than five years, or both. 22 Section 18. Exemption from State gambling laws. 23 Video poker machines and their use are exempt from 18 Pa.C.S. 24 § 5513 (relating to gambling devices, gambling, etc.). 25 Section 19. Exemption from Federal regulation. 26 The General Assembly declares that the Commonwealth is exempt 27 from section 2 of the Gambling Devices Transportation Act (64 28 Stat. 1134, 15 U.S.C. § 1172). Shipments of video devices into 29 this Commonwealth in compliance with sections 3 and 4 of the 30 Gambling Devices Transportation Act (64 Stat. 1134, 15 U.S.C. §§ 19900H2300B3607 - 16 -
1 1173 and 1174) shall be deemed legal shipments into this 2 Commonwealth. 3 Section 20. Effective date. 4 This act shall take effect in 60 days. B13L04JLW/19900H2300B3607 - 17 -