HOUSE AMENDED
PRIOR PRINTER'S NOS. 1389, 2076, 2329 PRINTER'S NO. 2550
No. 1140 Session of 1989
INTRODUCED BY STEWART, LINCOLN, BELAN, BELL, HESS, PUNT,
RHOADES, LYNCH, LEWIS, ROSS, STAPLETON, FISHER, PORTERFIELD,
MADIGAN, WILT, STOUT, MUSTO, SHAFFER, ANDREZESKI, SHUMAKER,
AFFLERBACH, CORMAN, DAWIDA, PECORA, REIBMAN AND MELLOW,
JUNE 28, 1989
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
OCTOBER 2, 1990
AN ACT
1 Amending the act of December 19, 1988 (P.L.1262, No.156),
2 entitled "An act providing for the licensing of clubs to
3 conduct games of chance, for the licensing of persons to
4 distribute games of chance, for the registration of
5 manufacturers of games of chance, and for suspensions and
6 revocations of licenses and permits; requiring records;
7 providing for local referendum by electorate; and prescribing
8 penalties," adding a definition of "license"; and further <--
9 providing for penalties. FURTHER PROVIDING FOR THE CONDUCTING <--
10 OF GAMES OF CHANCE, THE ORGANIZATIONS WHICH MAY CONDUCT SUCH
11 GAMES, HOW, WHERE AND BY WHOM THEY MAY BE CONDUCTED,
12 REFERENDUMS, POWERS OF THE DEPARTMENT AND PENALTIES.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. Section 3 of the act of December 19, 1988 <--
16 (P.L.1262, No.156), known as the Local Option Small Games of
17 Chance Act, is amended by adding a definition to read:
18 Section 3. Definitions.
19 The following words and phrases when used in this act shall
20 have the meanings given to them in this section unless the
1 context clearly indicates otherwise:
2 * * *
3 "License." A license to conduct games of chance.
4 * * *
5 Section 2. Section 17(a) of the act is amended to read:
6 Section 17. Penalties.
7 (a) Summary offense.--Any club violating the provisions of
8 this act shall be guilty of a summary offense and, upon
9 conviction thereof, shall be sentenced to pay a fine not
10 exceeding $1,000 and shall forfeit [any] the license to conduct
11 games of chance issued to the club, and it shall be ineligible
12 for a license renewal for 30 months thereafter.
13 * * *
14 Section 3. This act shall take effect in 60 days.
15 SECTION 1. THE TITLE AND SECTIONS 3, 4, 5, 6, 7(A), 9, 10, <--
16 11, 12, 14, 15 AND 17(A) AND (B) OF THE ACT OF DECEMBER 19, 1988
17 (P.L.1262, NO.156), KNOWN AS THE LOCAL OPTION SMALL GAMES OF
18 CHANCE ACT, ARE IS AMENDED TO READ: <--
19 AN ACT
20 PROVIDING FOR THE LICENSING OF [CLUBS] ELIGIBLE ORGANIZATIONS TO
21 CONDUCT GAMES OF CHANCE, FOR THE LICENSING OF PERSONS TO
22 DISTRIBUTE GAMES OF CHANCE, FOR THE REGISTRATION OF
23 MANUFACTURERS OF GAMES OF CHANCE, AND FOR SUSPENSIONS AND
24 REVOCATIONS OF LICENSES AND PERMITS; REQUIRING RECORDS;
25 PROVIDING FOR LOCAL REFERENDUM BY ELECTORATE; AND PRESCRIBING
26 PENALTIES.
27 SECTION 2. SECTION 3 OF THE ACT, AMENDED JULY 11, 1990 <--
28 (P.L.449, NO.108), IS AMENDED TO READ:
29 SECTION 3. DEFINITIONS.
30 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL
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1 HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
2 CONTEXT CLEARLY INDICATES OTHERWISE:
3 "BONA FIDE [CLUB] MEMBER." ANY INDIVIDUAL WHO HOLDS A [FULL]
4 MEMBERSHIP IN THE [CLUB] ELIGIBLE ORGANIZATION AS DEFINED BY
5 [THE CLUB'S] THAT ORGANIZATION'S CONSTITUTION, CHARTER, ARTICLES
6 OF INCORPORATION OR BYLAWS.
7 "CHARITABLE ORGANIZATION." A NOT-FOR-PROFIT GROUP OR BODY OF
8 PERSONS WHICH IS CREATED AND EXISTS FOR THE PURPOSE OF
9 PERFORMING A HUMANE SERVICE; PROMOTING THE GOOD AND WELFARE OF
10 THE AGED, POOR, INFIRM OR DISTRESSED; COMBATING JUVENILE
11 DELINQUENCY; OR ADVANCING THE SPIRITUAL, MENTAL, SOCIAL AND
12 PHYSICAL IMPROVEMENT OF YOUNG MEN AND WOMEN.
13 "CIVIC AND SERVICE ASSOCIATIONS." ANY STATEWIDE OR BRANCH,
14 LODGE OR CHAPTER OF A NONPROFIT NATIONAL OR STATE ORGANIZATION
15 WHICH IS AUTHORIZED BY ITS WRITTEN CONSTITUTION, CHARTER,
16 ARTICLES OF INCORPORATION OR BYLAWS TO ENGAGE IN A CIVIC OR
17 SERVICE PURPOSE WITHIN THIS COMMONWEALTH, WHICH SHALL HAVE
18 EXISTED IN THIS COMMONWEALTH FOR ONE YEAR. THE TERM ALSO MEANS A
19 SIMILAR LOCAL NONPROFIT ORGANIZATION, NOT AFFILIATED WITH A
20 NATIONAL OR STATE ORGANIZATION, WHICH IS RECOGNIZED BY A
21 RESOLUTION ADOPTED BY THE GOVERNING BODY OF THE MUNICIPALITY IN
22 WHICH THE ORGANIZATION CONDUCTS ITS PRINCIPAL ACTIVITIES. THE
23 TERM SHALL INCLUDE, BUT NOT BE LIMITED TO, BONA FIDE SPORTSMEN'S
24 AND WILDLIFE ASSOCIATIONS, FEDERATIONS OR CLUBS, STATEWIDE OR
25 LOCAL IN NATURE, VOLUNTEER FIRE COMPANIES, VOLUNTEER RESCUE
26 SQUADS AND VOLUNTEER AMBULANCE ASSOCIATIONS AND BONA FIDE SENIOR
27 CITIZENS ORGANIZATIONS. IN THE CASE OF BONA FIDE SENIOR CITIZENS
28 ORGANIZATIONS, THE LICENSING AUTHORITY MAY ACCEPT ALTERNATIVE
29 DOCUMENTATION FOR PROOF OF PURPOSES WHEN THERE ARE NO BYLAWS OR
30 ARTICLES OF INCORPORATION IN EXISTENCE. THE TERM SHALL ALSO
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1 INCLUDE NONPROFIT ORGANIZATIONS WHICH ARE ESTABLISHED TO PROMOTE
2 AND ENCOURAGE PARTICIPATION AND SUPPORT FOR EXTRA-CURRICULAR
3 ACTIVITIES WITHIN THE ESTABLISHED PRIMARY AND SECONDARY PUBLIC,
4 PRIVATE AND PAROCHIAL SCHOOL SYSTEMS. SUCH ORGANIZATIONS MUST BE
5 RECOGNIZED BY A RESOLUTION ADOPTED BY THE APPROPRIATE GOVERNING
6 BODY. IN THE CASE OF ORGANIZATIONS ASSOCIATED WITH THE PUBLIC
7 SCHOOL SYSTEM, THE GOVERNING BODY SHALL BE THE SCHOOL BOARD OF
8 THE SCHOOL DISTRICT. IN THE CASE OF PRIVATE OR PAROCHIAL SCHOOL
9 ORGANIZATIONS, THAT BODY SHALL BE EITHER THE BOARD OF TRUSTEES
10 OR THE ARCHDIOCESE.
11 "CLUB." [AN INCORPORATED UNIT OF A NATIONAL VETERANS'
12 ORGANIZATION, AS DEFINED IN SECTION 461.1 OF THE ACT OF APRIL
13 12, 1951 (P.L.90, NO.21), KNOWN AS THE LIQUOR CODE, AND LICENSED
14 TO SELL LIQUOR AT RETAIL UNDER THE ACT; OR A] A CLUB, AS
15 DEFINED IN SECTION 102 OF THE ACT OF APRIL 12, 1951 (P.L.90,
16 NO.21), KNOWN AS THE LIQUOR CODE, THAT QUALIFIES AS AN EXEMPT
17 ORGANIZATION UNDER SECTION 501(C) OR 527 OF THE INTERNAL REVENUE
18 CODE OF 1954 (68A STAT. 3, 26 U.S.C. § 501(C) OR 527) AND IS
19 LICENSED TO SELL LIQUOR AT RETAIL AND HAS A CHARITABLE,
20 RELIGIOUS OR CIVIC PURPOSE OR IS ORGANIZED TO BENEFIT A
21 POLITICAL PARTY.[; OR AN ORGANIZED FRATERNAL SOCIETY CREATED AND
22 CARRIED ON FOR THE MUTUAL BENEFIT OF ITS MEMBERS, NOT-FOR-PROFIT
23 AND NOT ISSUING CAPITAL STOCK, HAVING A LIMITED MEMBERSHIP AND A
24 REPRESENTATIVE FORM OF GOVERNMENT AND LICENSED TO SELL LIQUOR AT
25 RETAIL UNDER THE LIQUOR CODE; OR A NOT-FOR-PROFIT RELIGIOUS OR
26 CHARITABLE ORGANIZATION CONDUCTING BUSINESS IN ACCORDANCE WITH
27 THE EXPRESS PURPOSE OF A WRITTEN CONSTITUTION, CHARTER, ARTICLES
28 OF INCORPORATION OR BYLAWS. THE TERM "CLUB" SHALL ALSO INCLUDE
29 ANY VOLUNTEER FIRE COMPANY, VOLUNTEER RESCUE SQUAD OR VOLUNTEER
30 AMBULANCE ASSOCIATION. EACH CLUB SHALL HAVE BEEN IN EXISTENCE
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1 AND FULFILLING ITS PURPOSES FOR TWO YEARS PRIOR TO THE DATE OF
2 APPLICATION FOR A LICENSE.]
3 "DAILY DRAWING." A GAME IN WHICH A BONA FIDE MEMBER SELECTS
4 OR IS ASSIGNED A NUMBER FOR A CHANCE AT A PRIZE WITH THE WINNER
5 DETERMINED BY A RANDOM DRAWING TO TAKE PLACE ON THE ELIGIBLE
6 ORGANIZATION'S PREMISES DURING THE SAME OPERATING DAY. THE TERM
7 INCLUDES GAMES COMMONLY KNOWN AS "MEMBER SIGN-IN LOTTERIES" AND
8 "HALF-AND-HALF LOTTERIES." NOTHING IN THIS ACT SHALL BE
9 CONSTRUED TO PROHIBIT THE CARRYING OVER OF A JACKPOT WHERE THE
10 WINNING NUMBER HAS NOT BEEN ENTERED IN THE GAME ON A PARTICULAR
11 OPERATING DAY. DAILY DRAWING WINNERS MAY BE DETERMINED WITH THE
12 AID OF A PASSIVE SELECTION DEVICE OR REFERENCE TO DRAWINGS
13 CONDUCTED BY THE DEPARTMENT PURSUANT TO THE ACT OF AUGUST 26,
14 1971 (P.L.351, NO.91), KNOWN AS THE STATE LOTTERY LAW. DAILY
15 DRAWING CHANCES MAY NOT BE SOLD FOR AN AMOUNT IN EXCESS OF $1
16 AND NO MORE THAN ONE CHANCE MAY BE SOLD TO AN INDIVIDUAL DURING
17 THE SAME OPERATING DAY.
18 "DEPARTMENT." THE DEPARTMENT OF REVENUE OF THE COMMONWEALTH.
19 "DISPENSING MACHINE." A DEVICE DESIGNED EXCLUSIVELY FOR THE
20 DISPENSING OF THE GAMES OF CHANCE AUTHORIZED BY THIS ACT,
21 INCLUDING, BUT NOT LIMITED TO, TICKET JARS, FISH BOWLS AND STAMP
22 MACHINES. NOTHING IN THIS ACT SHALL BE CONSTRUED TO AUTHORIZE
23 DEVICES COMMONLY KNOWN AS "SLOT MACHINES" OR "VIDEO POKER."
24 "ELIGIBLE ORGANIZATIONS." INCLUDES QUALIFYING NONPROFIT
25 CHARITABLE, RELIGIOUS, FRATERNAL AND VETERAN ORGANIZATIONS,
26 CLUBS AND CIVIC AND SERVICE ASSOCIATIONS AS DEFINED BY THIS ACT.
27 IN ORDER TO QUALIFY AS AN ELIGIBLE ORGANIZATION FOR PURPOSES OF
28 THIS ACT, AN ORGANIZATION SHALL HAVE BEEN IN EXISTENCE AND
29 FULFILLING ITS PURPOSES FOR ONE YEAR PRIOR TO THE DATE OF
30 APPLICATION FOR A LICENSE.
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1 "FRATERNAL ORGANIZATIONS." A NONPROFIT ORGANIZATION WITHIN
2 THIS COMMONWEALTH WHICH IS CREATED AND CARRIED ON FOR THE MUTUAL
3 BENEFIT OF ITS MEMBERS, HAS A LIMITED MEMBERSHIP AND A
4 REPRESENTATIVE FORM OF GOVERNMENT AND IS A BRANCH, LODGE OR
5 CHAPTER OF A NATIONAL OR STATE ORGANIZATION. SUCH ORGANIZATIONS
6 SHALL HAVE BEEN IN EXISTENCE IN THIS COMMONWEALTH AND FULFILLING
7 THEIR PURPOSES FOR ONE YEAR PRIOR TO THE DATE OF APPLICATION FOR
8 A LICENSE.
9 "GAMES OF CHANCE." PUNCHBOARDS, [LOTTERIES] DAILY DRAWINGS,
10 RAFFLES AND PULL-TABS, AS DEFINED IN THIS ACT, PROVIDED THAT NO
11 SUCH GAME SHALL BE PLAYED BY OR WITH THE ASSISTANCE OF ANY
12 MECHANICAL OR ELECTRICAL DEVICES OR MEDIA OTHER THAN A
13 DISPENSING MACHINE OR PASSIVE SELECTION DEVICE AND FURTHER
14 PROVIDED THAT THE PARTICULAR CHANCE TAKEN BY ANY PERSON IN ANY
15 SUCH GAME SHALL NOT BE MADE CONTINGENT UPON ANY OTHER OCCURRENCE
16 OR THE WINNING OF ANY OTHER CONTEST, BUT SHALL BE DETERMINED
17 SOLELY AT THE DISCRETION OF THE PURCHASER. THIS DEFINITION SHALL
18 NOT BE CONSTRUED TO AUTHORIZE ANY OTHER FORM OF GAMBLING
19 CURRENTLY PROHIBITED UNDER ANY PROVISION OF TITLE 18 OF THE
20 PENNSYLVANIA CONSOLIDATED STATUTES (RELATING TO CRIMES AND
21 OFFENSES). NOTHING IN THIS ACT SHALL BE CONSTRUED TO AUTHORIZE
22 GAMES COMMONLY KNOWN AS "SLOT MACHINES" OR "VIDEO POKER."
23 "LAW ENFORCEMENT OFFICIAL." A MUNICIPAL POLICE OFFICER, A
24 MEMBER OF THE PENNSYLVANIA STATE POLICE, THE SHERIFF OF A COUNTY
25 OR A DEPUTY SHERIFF.
26 ["LEGITIMATE CLUB PURPOSES." ONE OR MORE OF THE FOLLOWING:
27 (1) BENEFITING PERSONS BY ENHANCING THEIR OPPORTUNITY
28 FOR RELIGIOUS OR EDUCATION ADVANCEMENT, BY RELIEVING OR
29 PROTECTING THEM FROM DISEASE, SUFFERING OR DISTRESS, BY
30 CONTRIBUTING TO THEIR PHYSICAL, EMOTIONAL OR SOCIAL WELL-
19890S1140B2550 - 6 -
1 BEING, BY ASSISTING THEM IN ESTABLISHING THEMSELVES IN LIFE
2 AS WORTHY AND USEFUL CITIZENS, OR BY INCREASING THEIR
3 COMPREHENSION OF AND DEVOTION TO THE PRINCIPLES UPON WHICH
4 THIS NATION WAS FOUNDED.
5 (2) INITIATING, PERFORMING, OR FOSTERING WORTHY PUBLIC
6 WORKS OR ENABLING OR FURTHERING THE ERECTION OR MAINTENANCE
7 OF PUBLIC STRUCTURES.
8 (3) LESSENING THE BURDENS BORNE BY GOVERNMENT OR
9 VOLUNTARILY SUPPORTING, AUGMENTING OR SUPPLEMENTING SERVICES
10 WHICH GOVERNMENT WOULD NORMALLY RENDER TO THE PEOPLE.
11 (4) IMPROVING, EXPANDING, MAINTAINING OR REPAIRING REAL
12 PROPERTY OWNED OR LEASED BY A CLUB AND USED FOR PURPOSES
13 SPECIFIED IN PARAGRAPHS (1), (2) AND (3).
14 THE TERM DOES NOT INCLUDE THE ERECTION OR ACQUISITION OF ANY
15 REAL PROPERTY, UNLESS THE PROPERTY WILL BE USED EXCLUSIVELY FOR
16 ONE OR MORE OF THE PURPOSES SPECIFIED IN THIS DEFINITION.]
17 "LICENSE." A LICENSE TO CONDUCT GAMES OF CHANCE.
18 "LICENSING AUTHORITY." THE COUNTY TREASURER, OR IN ANY HOME
19 RULE COUNTY OR CITY OF THE FIRST CLASS, WHERE THERE IS NO
20 ELECTED TREASURER, THE DESIGNEE OF THE GOVERNING AUTHORITY.
21 ["LOTTERY." A GAME IN WHICH A BONA FIDE CLUB MEMBER OR GUEST
22 SELECTS A NUMBER FOR A CHANCE AT A PRIZE WITH THE WINNER
23 DETERMINED BY A RANDOM DRAWING TO TAKE PLACE ON THE LICENSED
24 PREMISES. THE TERM INCLUDES GAMES COMMONLY KNOWN AS "MEMBER
25 SIGN-IN LOTTERIES" AND "HALF-AND-HALF LOTTERIES." NOTHING IN
26 THIS ACT SHALL BE CONSTRUED TO PERMIT LOTTERIES ANY PART OF
27 WHICH ARE CONDUCTED AT LOCATIONS OTHER THAN THE LICENSED
28 PREMISES, NOR SHALL THE TERM "LOTTERY" INCLUDE ANY GAME OR
29 CONTEST IN WHICH THE WINNING NUMBER IS DETERMINED BY ANY OTHER
30 DRAWING OR EVENT, EXCEPT THAT WINNING NUMBERS MAY BE DETERMINED
19890S1140B2550 - 7 -
1 BY REFERENCE TO DRAWINGS CONDUCTED BY THE DEPARTMENT PURSUANT TO
2 THE ACT OF AUGUST 26, 1971 (P.L.351, NO.91), KNOWN AS THE STATE
3 LOTTERY LAW.]
4 "MUNICIPALITY." A CITY, BOROUGH, INCORPORATED TOWN OR <--
5 TOWNSHIP OR A HOME RULE MUNICIPALITY FORMERLY CLASSIFIED AS A
6 CITY, BOROUGH, INCORPORATED TOWN OR TOWNSHIP.
7 "PASSIVE SELECTION DEVICE." A DEVICE WHICH IS USED TO HOLD
8 OR DENOTE THE UNIVERSE OF POSSIBLE WINNING NUMBERS OR ENTRANTS
9 IN A DAILY DRAWING OR RAFFLE. SUCH A DEVICE MAY NOT HAVE THE
10 CAPABILITY OF BEING UTILIZED TO CONDUCT OR AID IN THE CONDUCTING
11 OF UNAUTHORIZED OR ILLEGAL FORMS OF GAMBLING.
12 "PUBLIC INTEREST PURPOSES." ONE OR MORE OF THE FOLLOWING:
13 (1) BENEFITING PERSONS BY ENHANCING THEIR OPPORTUNITY
14 FOR RELIGIOUS OR EDUCATION ADVANCEMENT, BY RELIEVING OR
15 PROTECTING THEM FROM DISEASE, SUFFERING OR DISTRESS, BY
16 CONTRIBUTING TO THEIR PHYSICAL, EMOTIONAL OR SOCIAL WELL-
17 BEING, BY ASSISTING THEM IN ESTABLISHING THEMSELVES IN LIFE
18 AS WORTHY AND USEFUL CITIZENS, OR BY INCREASING THEIR
19 COMPREHENSION OF AND DEVOTION TO THE PRINCIPLES UPON WHICH
20 THIS NATION WAS FOUNDED.
21 (2) INITIATING, PERFORMING, OR FOSTERING WORTHY PUBLIC
22 WORKS OR ENABLING OR FURTHERING THE ERECTION OR MAINTENANCE
23 OF PUBLIC STRUCTURES.
24 (3) LESSENING THE BURDENS BORNE BY GOVERNMENT OR
25 VOLUNTARILY SUPPORTING, AUGMENTING OR SUPPLEMENTING SERVICES
26 WHICH GOVERNMENT WOULD NORMALLY RENDER TO THE PEOPLE.
27 (4) IMPROVING, EXPANDING, MAINTAINING OR REPAIRING REAL
28 PROPERTY OWNED OR LEASED BY AN ELIGIBLE ORGANIZATION AND USED
29 FOR PURPOSES SPECIFIED IN PARAGRAPHS (1), (2) AND (3).
30 THE TERM DOES NOT INCLUDE THE ERECTION OR ACQUISITION OF ANY
19890S1140B2550 - 8 -
1 REAL PROPERTY, UNLESS THE PROPERTY WILL BE USED EXCLUSIVELY FOR
2 ONE OR MORE OF THE PURPOSES SPECIFIED IN THIS DEFINITION.
3 "PULL-TAB." A SINGLE FOLDED OR BANDED TICKET OR A STRIP
4 TICKET OR CARD WITH A FACE COVERED TO CONCEAL ONE OR MORE
5 NUMBERS OR SYMBOLS, WHERE ONE OR MORE OF EACH SET OF TICKETS OR
6 CARDS HAS BEEN DESIGNATED IN ADVANCE AS A WINNER. ["PULL-TAB"
7 ALSO INCLUDES A TICKET SOLD IN A DEVICE KNOWN AS A TICKET JAR,
8 FISH BOWL OR STAMP MACHINE.]
9 "PUNCHBOARD." A BOARD, PLACARD OR OTHER DEVICE MARKED OFF IN
10 A GRID OR COLUMNS, IN WHICH EACH SECTION CONTAINS A HIDDEN
11 NUMBER OR NUMBERS, OR OTHER SYMBOL, WHICH DETERMINES THE WINNING
12 CHANCES.
13 "RAFFLE." A GAME IN WHICH A PARTICIPANT BUYS A TICKET FOR A
14 CHANCE AT A PRIZE WITH THE WINNER DETERMINED BY A RANDOM DRAWING
15 OF CORRESPONDING TICKET STUBS TO TAKE PLACE AT A LOCATION AND
16 DATE OR DATES PRINTED UPON EACH TICKET. SUCH GAMES SHALL INCLUDE
17 LOTTERIES BUT NOT DAILY DRAWINGS. RAFFLE WINNERS MAY BE
18 DETERMINED BY REFERENCE TO DRAWINGS CONDUCTED BY THE DEPARTMENT
19 PURSUANT TO THE ACT OF AUGUST 26, 1971 (P.L.351, NO.91), KNOWN
20 AS THE STATE LOTTERY LAW.
21 "RELIGIOUS ORGANIZATION." A NOT-FOR-PROFIT GROUP OR BODY OF
22 PERSONS WHICH IS CREATED AND WHICH EXISTS FOR THE PREDOMINANT
23 PURPOSE OF REGULARLY HOLDING OR CONDUCTING RELIGIOUS ACTIVITIES
24 OR RELIGIOUS EDUCATION, WITHOUT PECUNIARY BENEFIT TO ANY
25 OFFICER, MEMBER OR SHAREHOLDER EXCEPT AS REASONABLE COMPENSATION
26 FOR ACTUAL SERVICES RENDERED TO THE ORGANIZATION.
27 "VETERANS ORGANIZATION." ANY CONGRESSIONALLY CHARTERED
28 ORGANIZATION WITHIN THIS COMMONWEALTH, OR ANY BRANCH OR LODGE OR
29 CHAPTER OF A NONPROFIT NATIONAL OR STATE ORGANIZATION WITHIN
30 THIS COMMONWEALTH, THE MEMBERSHIP OF WHICH CONSISTS OF
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1 INDIVIDUALS WHO WERE MEMBERS OF THE ARMED SERVICES OR ARMED
2 FORCES OF THE UNITED STATES. THE TERM SHALL ALSO INCLUDE HOME
3 ASSOCIATIONS. SUCH ORGANIZATIONS SHALL HAVE BEEN IN EXISTENCE IN
4 THIS COMMONWEALTH FULFILLING THEIR PURPOSES FOR ONE YEAR PRIOR
5 TO THE DATE OF APPLICATION FOR A LICENSE.
6 SECTION 3. SECTIONS 4, 5, 6, 7(A), 9, 10, 11, 12, 14 14(D), <--
7 15 AND 17(A) AND (B) OF THE ACT ARE AMENDED TO READ:
8 SECTION 4. GAMES OF CHANCE PERMITTED.
9 EVERY [CLUB] ELIGIBLE ORGANIZATION TO WHICH A LICENSE HAS
10 BEEN ISSUED UNDER THE PROVISIONS OF THIS ACT MAY CONDUCT GAMES
11 OF CHANCE FOR THE PURPOSE OF RAISING FUNDS FOR [LEGITIMATE CLUB]
12 PUBLIC INTEREST PURPOSES. ALL PROCEEDS OF GAMES OF CHANCE SHALL
13 BE USED EXCLUSIVELY FOR [LEGITIMATE CLUB] PUBLIC INTEREST
14 PURPOSES OR FOR THE PURCHASE OF GAMES OF CHANCE AS PERMITTED BY
15 THIS ACT.
16 SECTION 5. PRIZE LIMITS.
17 (A) INDIVIDUAL PRIZE LIMIT.--THE MAXIMUM CASH VALUE WHICH
18 MAY BE AWARDED FOR ANY SINGLE CHANCE SHALL BE $500.
19 (B) WEEKLY LIMIT.--NO MORE THAN $5,000 IN CASH OR
20 MERCHANDISE SHALL BE AWARDED BY ANY [CLUB] ELIGIBLE ORGANIZATION
21 IN ANY SEVEN-DAY PERIOD.
22 (C) LIMIT ON RAFFLES.--NO MORE THAN $5,000 IN CASH OR
23 MERCHANDISE SHALL BE AWARDED IN RAFFLES IN ANY CALENDAR MONTH.
24 (D) EXCEPTION.--[A CLUB] AN ELIGIBLE ORGANIZATION MAY
25 CONDUCT A RAFFLE AND AWARD A PRIZE OR PRIZES VALUED IN EXCESS OF
26 $500 EACH ONLY UNDER THE FOLLOWING CONDITIONS:
27 (1) THE LICENSING AUTHORITY HAS ISSUED A SPECIAL PERMIT
28 FOR THE RAFFLE UNDER SECTION 11.
29 (2) [NO CLUB] ELIGIBLE ORGANIZATIONS SHALL BE ELIGIBLE
30 TO RECEIVE NO MORE THAN TWO SPECIAL PERMITS IN ANY [CALENDAR
19890S1140B2550 - 10 -
1 YEAR] LICENSED YEAR EXCEPT THAT VOLUNTEER FIRE, AMBULANCE AND
2 RESCUE ORGANIZATIONS SHALL BE ELIGIBLE TO RECEIVE NO MORE
3 THAN THREE SPECIAL PERMITS IN ANY LICENSED YEAR.
4 (3) ONLY ONE RAFFLE MAY BE CONDUCTED UNDER EACH SPECIAL
5 PERMIT.
6 (4) THE TOTAL CASH VALUE OF ALL PRIZES SHALL BE NO MORE
7 THAN $25,000 FOR EACH RAFFLE.
8 (E) LIMIT ON DAILY DRAWINGS.--DAILY DRAWINGS SHALL BE
9 GOVERNED BY THE PRIZE LIMITATIONS CONTAINED IN SUBSECTIONS (A)
10 AND (B).
11 (F) EXCEPTION.--THE PRIZE LIMITATION CONTAINED IN
12 SUBSECTIONS (A) AND (B) MAY BE EXCEEDED BY A DAILY DRAWING UNDER
13 THE FOLLOWING CIRCUMSTANCES: A DAILY DRAWING MAY AWARD A PRIZE
14 WHERE THE CASH VALUE IS IN EXCESS OF $500 IF SUCH PRIZE IS THE
15 RESULT OF A CARRYOVER OF A DRAWING OR DRAWINGS WHICH RESULTED
16 FROM THE WINNING NUMBER IN SUCH DRAWING OR DRAWINGS NOT BEING
17 AMONG THE ELIGIBLE ENTRANTS IN SUCH DRAWINGS. NOTHING CONTAINED
18 HEREIN SHALL AUTHORIZE THE PRIZE LIMITATIONS AS CONTAINED IN
19 SUBSECTIONS (A) AND (B) TO BE EXCEEDED AS A RESULT OF A FAILURE
20 TO CONDUCT A DRAWING ON AN OPERATING DAY DURING WHICH CHANCES
21 WERE SOLD FOR A DAILY DRAWING OR FOR A DAILY DRAWING FOR WHICH
22 CHANCES WERE SOLD IN EXCESS OF $1, OR FOR WHICH MORE THAN ONE
23 CHANCE WAS SOLD TO AN ELIGIBLE PARTICIPANT.
24 (G) DAILY DRAWING EXCEPTION.--WHEN A DAILY DRAWING IS SET UP
25 OR CONDUCTED IN SUCH A MANNER AS TO PAY OUT OR AWARD 100% OF THE
26 GROSS REVENUES GENERATED FROM SUCH DRAWING, THE LIMITATIONS
27 CONTAINED IN SUBSECTION (B) SHALL NOT APPLY.
28 SECTION 6. SALES LIMITED.
29 NO PERSON SHALL SELL, OFFER FOR SALE OR FURNISH GAMES OF
30 CHANCE FOR USE WITHIN THIS COMMONWEALTH EXCEPT TO [A CLUB] AN
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1 ELIGIBLE ORGANIZATION OR DISTRIBUTOR LICENSED UNDER THIS ACT. NO
2 GAME OF CHANCE, OTHER THAN A RAFFLE, SOLD, OFFERED FOR SALE OR
3 FURNISHED FOR USE WITHIN THIS COMMONWEALTH SHALL CONTAIN,
4 PERMIT, DEPICT OR DESIGNATE A PRIZE HAVING A CASH VALUE IN
5 EXCESS OF $500.
6 SECTION 7. DISTRIBUTOR LICENSES.
7 (A) LICENSE REQUIRED.--NO PERSON SHALL SELL, OFFER FOR SALE
8 OR FURNISH GAMES OF CHANCE TO [CLUBS] ELIGIBLE ORGANIZATIONS
9 LICENSED UNDER THIS ACT UNLESS SUCH PERSON SHALL HAVE OBTAINED A
10 DISTRIBUTOR LICENSE AS PROVIDED IN THIS SECTION.
11 * * *
12 SECTION 9. REGULATIONS OF DEPARTMENT.
13 (A) AUTHORIZATION.--THE DEPARTMENT SHALL PROMULGATE
14 REGULATIONS TO:
15 (1) IMPOSE MINIMUM STANDARDS AND RESTRICTIONS APPLICABLE
16 TO GAMES OF CHANCE MANUFACTURED FOR SALE IN THIS
17 COMMONWEALTH, WHICH MAY INCLUDE STANDARDS AND RESTRICTIONS
18 WHICH SPECIFY THE MAXIMUM NUMBER OF CHANCES AVAILABLE TO BE
19 SOLD FOR ANY SINGLE GAME OR PRIZE AND SUCH OTHER STANDARDS
20 AND RESTRICTIONS AS THE DEPARTMENT DEEMS NECESSARY FOR THE
21 PURPOSES OF THIS ACT. THE DEPARTMENT SHALL CONSIDER STANDARDS
22 ADOPTED BY THE NATIONAL ASSOCIATION OF GAMBLING REGULATORY
23 AGENCIES AND OTHER STANDARDS COMMONLY ACCEPTED IN THE
24 INDUSTRY.
25 (2) ESTABLISH PROCEDURES BY WHICH MANUFACTURERS MAY
26 REGISTER AND DISTRIBUTORS OF GAMES OF CHANCE MAY APPLY FOR
27 LICENSURE ON FORMS WHICH THE DEPARTMENT SHALL PROVIDE.
28 (3) PROVIDE FOR THE SUSPENSION OR REVOCATION OF
29 DISTRIBUTION LICENSES OR MANUFACTURER CERTIFICATES FOR
30 VIOLATIONS OF THIS ACT OR REGULATIONS OF THE DEPARTMENT.
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1 (4) CARRY OUT OTHER PROVISIONS OF THIS ACT.
2 (B) LIMITATION ON RECORDKEEPING REQUIREMENTS.--THIS SECTION
3 SHALL NOT BE CONSTRUED TO AUTHORIZE THE DEPARTMENT TO PROMULGATE
4 REGULATIONS PROVIDING FOR RECORDKEEPING REQUIREMENTS FOR
5 ELIGIBLE ORGANIZATIONS WHICH REQUIRE UNREASONABLE OR UNNECESSARY
6 INFORMATION OR A REPETITIOUS LISTING OF INFORMATION. THE
7 DEPARTMENT SHALL STRIVE TO KEEP SUCH RECORDKEEPING REQUIREMENTS
8 FROM BEING AN UNDUE HARDSHIP OR BURDEN ON ELIGIBLE
9 ORGANIZATIONS. UNDER NO CIRCUMSTANCES SHALL THE DEPARTMENT
10 REQUIRE THE RETENTION OF RECORDS FOR A PERIOD IN EXCESS OF TWO
11 YEARS.
12 SECTION 10. LICENSING OF [CLUBS] ELIGIBLE ORGANIZATIONS TO
13 CONDUCT GAMES OF CHANCE.
14 (A) LICENSE REQUIRED.--NO [CLUB] ELIGIBLE ORGANIZATION SHALL
15 CONDUCT OR OPERATE ANY GAMES OF CHANCE UNLESS SUCH [CLUB]
16 ELIGIBLE ORGANIZATION HAS OBTAINED AND MAINTAINS A VALID LICENSE
17 ISSUED PURSUANT TO THIS SECTION. AUXILIARY GROUPS WITHIN
18 ELIGIBLE ORGANIZATIONS SHALL BE ELIGIBLE TO CONDUCT SMALL GAMES
19 OF CHANCE USING THE LICENSE ISSUED TO THE ELIGIBLE ORGANIZATION
20 PROVIDED THAT THE AUXILIARY GROUP OR GROUPS ARE LISTED ON THE
21 APPLICATION AND LICENSE OF THE ELIGIBLE ORGANIZATION. NO
22 ADDITIONAL LICENSING FEE SHALL BE CHARGED FOR AN AUXILIARY
23 GROUP'S ELIGIBILITY UNDER THIS ACT. AUXILIARY GROUPS SHALL NOT
24 INCLUDE BRANCHES, LODGES OR CHAPTERS OF A STATEWIDE
25 ORGANIZATION.
26 (B) ISSUANCE AND FEES.--THE LICENSING AUTHORITY SHALL
27 LICENSE, UPON APPLICATION, [ANY CLUB] WITHIN 30 DAYS ANY
28 ELIGIBLE ORGANIZATION MEETING THE REQUIREMENTS FOR LICENSURE
29 CONTAINED IN THIS ACT TO CONDUCT AND OPERATE GAMES OF CHANCE AT
30 [ONE LOCATION IN THE COUNTY.] SUCH LOCATIONS WITHIN THE COUNTY
19890S1140B2550 - 13 -
1 OR IN SUCH MANNER AS STATED ON THE APPLICATION AS LIMITED BY
2 SUBSECTION (B.1). THE LICENSE FEE TO BE CHARGED TO EACH [CLUB]
3 ELIGIBLE ORGANIZATION SHALL BE $100, EXCEPT FOR LIMITED OCCASION
4 LICENSES WHICH SHALL BE $10. LICENSES SHALL BE RENEWABLE
5 ANNUALLY UPON THE ANNIVERSARY OF THE DATE OF ISSUE.
6 (B.1) LOCATION OF SMALL GAMES OF CHANCE.--WHERE THERE EXISTS
7 A LOCATION OR PREMISES WHICH IS THE NORMAL BUSINESS OR OPERATING
8 SITE OF THE ELIGIBLE ORGANIZATION AND IS OWNED OR LEASED BY THAT
9 ELIGIBLE ORGANIZATION TO CONDUCT ITS NORMAL BUSINESS, THAT SITE
10 SHALL BE THE LICENSED PREMISES FOR SMALL GAMES OF CHANCE
11 CONDUCTED BY THE ELIGIBLE ORGANIZATION. IF THAT LOCATION
12 CONSISTS OF MORE THAN ONE BUILDING AND THE ELIGIBLE ORGANIZATION
13 WISHES TO CONDUCT ITS GAMES IN A DIFFERENT BUILDING AT THAT
14 LOCATION FROM THE ONE THAT IS LISTED ON ITS APPLICATION AND
15 LICENSE, THE ELIGIBLE ORGANIZATION MUST NOTIFY, IN WRITING, THE
16 DISTRICT ATTORNEY AND THE LICENSING AUTHORITY OF THE CHANGE IN
17 BUILDING SITE AND THE DATES AND TIMES THAT WILL BE AFFECTED.
18 WHEN AN ELIGIBLE ORGANIZATION DOES NOT OWN OR LEASE A SPECIFIC
19 LOCATION TO CONDUCT ITS NORMAL BUSINESS, THAT ELIGIBLE
20 ORGANIZATION MAY USE ANOTHER ELIGIBLE ORGANIZATION'S PREMISES TO
21 CONDUCT ITS GAMES OR MAY MAKE SUCH OTHER ARRANGEMENTS THAT ARE
22 CONSISTENT WITH THIS ACT, INCLUDING, BUT NOT LIMITED TO, LEASING
23 A PREMISE UNDER A WRITTEN AGREEMENT FOR A RENTAL WHICH IS NOT
24 DETERMINED BY EITHER THE AMOUNT OF RECEIPTS REALIZED FROM THE
25 PLAYING OF GAMES OF CHANCE NOR THE NUMBER OF PEOPLE ATTENDING
26 EXCEPT THAT AN ELIGIBLE ORGANIZATION MAY LEASE A FACILITY FOR A
27 BANQUET WHERE A PER HEAD CHARGE IS APPLIED IN CONNECTION WITH
28 THE SERVING OF A MEAL. WHEN SUCH ELIGIBLE ORGANIZATION CHANGES
29 THE SITE OF ITS GAMES FROM THAT WHICH IS LISTED ON ITS
30 APPLICATION AND LICENSE, THE ELIGIBLE ORGANIZATION MUST NOTIFY,
19890S1140B2550 - 14 -
1 IN WRITING, THE DISTRICT ATTORNEY AND LICENSING AUTHORITY OF THE
2 CHANGE IN THEIR GAMES' SITE AND DATES AND TIMES THAT WILL BE
3 AFFECTED.
4 (B.2) OFF PREMISES GAMES OF CHANCE.--NOTWITHSTANDING ANY
5 OTHER PROVISIONS OF THIS SECTION, AN ELIGIBLE ORGANIZATION MAY
6 CONDUCT SMALL GAMES OF CHANCE AT A LOCATION OFF ITS PREMISES
7 WHEN SUCH GAMES ARE PART OF AN ANNUAL CARNIVAL, FAIR, PICNIC OR
8 BANQUET HELD OR PARTICIPATED IN BY THAT ELIGIBLE ORGANIZATION ON
9 A HISTORICAL BASIS. THE ELIGIBLE ORGANIZATION MUST NOTIFY, IN
10 WRITING, THE DISTRICT ATTORNEY AND LICENSING AUTHORITY OF THE
11 LOCATION, DATE AND TIMES OF SUCH EVENTS WHERE IT WILL BE
12 CONDUCTING SMALL GAMES OF CHANCE.
13 (B.3) LIMITED OCCASION LICENSES.--ELIGIBLE ORGANIZATIONS
14 WHICH DO NOT OWN THEIR OWN PREMISES OR WHICH DO NOT LEASE A
15 SPECIFIC LOCATION TO CONDUCT THEIR NORMAL BUSINESS MAY APPLY FOR
16 A LIMITED OCCASION LICENSE TO CONDUCT SMALL GAMES OF CHANCE ON
17 NOT MORE THAN THREE OCCASIONS COVERING A TOTAL OF SEVEN DAYS
18 DURING A LICENSED YEAR. A LIMITED OCCASION LICENSE ENTITLES
19 ELIGIBLE ORGANIZATIONS HOLDING SUCH A LICENSE TO CONDUCT NO MORE
20 THAN TWO RAFFLES DURING A LICENSED YEAR WHERE PRIZES MAY NOT
21 EXCEED THE ESTABLISHED LIMITS FOR REGULAR MONTHLY RAFFLES.
22 HOLDERS OF LIMITED OCCASION LICENSES MAY NOT APPLY OR BE GRANTED
23 ANY OTHER LICENSE OR SPECIAL PERMIT UNDER THIS ACT. NO HOLDER OF
24 A REGULAR LICENSE OR SPECIAL PERMIT UNDER THIS ACT SHALL APPLY
25 OR BE GRANTED A LIMITED OCCASION LICENSE.
26 (B.4) GAMBLING FACILITY PROHIBITED.--IT SHALL BE UNLAWFUL
27 FOR A PERSON, CORPORATION, ASSOCIATION, PARTNERSHIP OR OTHER
28 BUSINESS ENTITY TO OFFER FOR RENT OR OFFER FOR USE A BUILDING OR
29 FACILITY TO BE USED EXCLUSIVELY FOR THE CONDUCTING OF SMALL
30 GAMES OF CHANCE. IT SHALL ALSO BE UNLAWFUL FOR ANY ELIGIBLE
19890S1140B2550 - 15 -
1 ORGANIZATION TO LEASE UNDER ANY TERMS A FACILITY OR BUILDING
2 WHICH IS USED EXCLUSIVELY FOR THE CONDUCTING OF SMALL GAMES OF
3 CHANCE.
4 (C) DISPLAY.--LICENSES ISSUED PURSUANT TO THIS SECTION SHALL
5 BE PUBLICLY DISPLAYED [ON THE PREMISES.] AT THE SITE OF THE
6 SMALL GAMES OF CHANCE.
7 (D) OPERATION.--EACH LICENSED [CLUB] ELIGIBLE ORGANIZATION
8 SHALL COMPLY WITH THE FOLLOWING RESTRICTIONS AND RULES GOVERNING
9 THE OPERATION OF GAMES OF CHANCE:
10 (1) NO PERSON UNDER 18 YEARS OF AGE[, OR IN THE CASE OF
11 A CLUB HOLDING A LIQUOR LICENSE, 21 YEARS OF AGE,] SHALL BE
12 PERMITTED TO OPERATE OR PLAY GAMES OF CHANCE.
13 (2) NO [CLUB] ELIGIBLE ORGANIZATION SHALL PERMIT ANY
14 PERSON WHO HAS BEEN CONVICTED OF A FELONY [OR] IN A FEDERAL
15 OR STATE COURT WITHIN THE PAST FIVE YEARS OR HAS BEEN
16 CONVICTED IN A FEDERAL OR STATE COURT WITHIN THE PAST TEN
17 YEARS OF A VIOLATION OF THE ACT OF JULY 10, 1981 (P.L.214,
18 NO.67), KNOWN AS THE BINGO LAW, OR OF THIS ACT TO MANAGE, SET
19 UP, SUPERVISE OR PARTICIPATE IN THE OPERATION OF GAMES OF
20 CHANCE.
21 (3) NO [CLUB] ELIGIBLE ORGANIZATION SHALL PAY ANY
22 COMPENSATION TO ANY PERSON FOR CONDUCTING ANY GAMES OF
23 CHANCE. GAMES OF CHANCE MAY ONLY BE CONDUCTED BY [CLUB] <--
24 MANAGERS, OFFICERS, DIRECTORS, BAR PERSONNEL AND [PERSONS WHO
25 HAVE BEEN] BONA FIDE MEMBERS OF THE [CLUB [FOR AT LEAST ONE <--
26 YEAR] ELIGIBLE ORGANIZATION. <--
27 (4) GAMES SHALL BE CONDUCTED ONLY ON THE LICENSED
28 PREMISES[, EXCEPT THAT RAFFLE TICKETS MAY BE SOLD AT OTHER
29 LOCATIONS FOR DRAWINGS TO BE HELD NO MORE FREQUENTLY THAN
30 ONCE A CALENDAR MONTH.] OR AS OTHERWISE PROVIDED BY THIS ACT.
19890S1140B2550 - 16 -
1 (5) THE [CLUB SHALL OWN THE PREMISES UPON WHICH GAMES OF
2 CHANCE ARE PLAYED OR SHALL] ELIGIBLE ORGANIZATION SHALL NOT
3 LEASE SUCH PREMISES UNDER EITHER AN ORAL OR A WRITTEN
4 AGREEMENT FOR A RENTAL WHICH IS [NOT] DETERMINED BY EITHER
5 THE AMOUNT OF RECEIPTS REALIZED FROM THE PLAYING OF GAMES OF
6 CHANCE [NOR] OR THE NUMBER OF PEOPLE ATTENDING, EXCEPT THAT
7 AN ELIGIBLE ORGANIZATION MAY LEASE A FACILITY FOR A BANQUET
8 WHERE A PER HEAD CHARGE IS APPLIED IN CONNECTION WITH THE
9 SERVING OF A MEAL. [A CLUB] AN ELIGIBLE ORGANIZATION SHALL
10 NOT LEASE SUCH PREMISES FROM ANY PERSON WHO HAS BEEN
11 CONVICTED OF A VIOLATION OF THIS ACT WITHIN THE PAST TEN
12 YEARS.
13 (6) GAMES, OTHER THAN RAFFLES AND DAILY DRAWINGS, SHALL
14 BE PURCHASED ONLY FROM MANUFACTURERS AND DISTRIBUTORS
15 APPROVED BY THE DEPARTMENT.
16 (7) [NO LOCATION OR LICENSED PREMISES MAY BE USED BY
17 MORE THAN ONE LICENSED CLUB FOR THE CONDUCTING OF GAMES OF
18 CHANCE.] NO LICENSED ELIGIBLE ORGANIZATION SHALL PERMIT ITS
19 PREMISES TO BE USED FOR SMALL GAMES OF CHANCE BY ANOTHER
20 LICENSED ELIGIBLE ORGANIZATION AT THE SAME TIME THAT IT IS
21 CONDUCTING SMALL GAMES OF CHANCE ON THE PREMISES. WHEN A
22 LICENSED ELIGIBLE ORGANIZATION IS PERMITTING ANOTHER LICENSED
23 ELIGIBLE ORGANIZATION TO USE ITS PREMISES FOR PURPOSES OF
24 SMALL GAMES OF CHANCE, IT MUST CEASE THE OPERATION OF ITS OWN
25 SMALL GAMES OF CHANCE DURING THE PERIOD THAT THE OTHER
26 LICENSED ELIGIBLE ORGANIZATION IS CONDUCTING ITS GAMES ON THE
27 PREMISES.
28 (8) RAFFLE TICKETS MAY BE SOLD OFF THE LICENSED PREMISE
29 IN ANY MUNICIPALITY IN THIS COMMONWEALTH WHICH HAS ADOPTED
30 THE PROVISIONS OF THIS ACT BY AN AFFIRMATIVE VOTE IN A
19890S1140B2550 - 17 -
1 MUNICIPAL REFERENDUM. A LICENSED ELIGIBLE ORGANIZATION WHICH
2 PLANS TO SELL RAFFLE TICKETS IN A MUNICIPALITY LOCATED IN A
3 COUNTY OTHER THAN THE COUNTY IN WHICH THE ELIGIBLE
4 ORGANIZATION IS LICENSED MUST NOTIFY THAT COUNTY'S DISTRICT
5 ATTORNEY AND LICENSING AUTHORITY AS TO THE LOCATION AND THE
6 DATES THAT THE ELIGIBLE ORGANIZATION PLANS TO SELL RAFFLE
7 TICKETS.
8 (E) APPLICATION FOR LICENSE.--EACH [CLUB] ELIGIBLE
9 ORGANIZATION SHALL APPLY TO THE LICENSING AUTHORITY FOR A
10 LICENSE ON A FORM TO BE PRESCRIBED BY THE SECRETARY OF REVENUE.
11 THE FORM SHALL CONTAIN AN AFFIDAVIT TO BE AFFIRMED BY THE
12 EXECUTIVE OFFICER OR SECRETARY OF THE [CLUB] ELIGIBLE
13 ORGANIZATION STATING THAT:
14 (1) NO PERSON UNDER 18 YEARS OF AGE[, OR IN THE CASE OF
15 A CLUB HOLDING A LIQUOR LICENSE, 21 YEARS OF AGE,] WILL BE
16 PERMITTED BY THE [CLUB] ELIGIBLE ORGANIZATION TO OPERATE OR
17 PLAY GAMES OF CHANCE.
18 (2) THE FACILITY IN WHICH THE GAMES OF CHANCE ARE TO BE
19 PLAYED HAS ADEQUATE MEANS OF INGRESS AND EGRESS AND ADEQUATE
20 SANITARY FACILITIES AVAILABLE IN THE AREA.
21 (3) THE [CLUB IS THE OWNER OF THE PREMISES UPON WHICH
22 THE GAMES OF CHANCE ARE PLAYED OR, IF IT IS NOT, THAT THE
23 CLUB] ELIGIBLE ORGANIZATION IS NOT LEASING SUCH PREMISES FROM
24 THE OWNER THEREOF UNDER AN ORAL AGREEMENT, NOR IS IT LEASING
25 SUCH PREMISES FROM THE OWNER THEREOF UNDER A WRITTEN
26 AGREEMENT AT A RENTAL WHICH IS DETERMINED BY THE AMOUNT OF
27 RECEIPTS REALIZED FROM THE PLAYING OF GAMES OF CHANCE OR BY
28 THE NUMBER OF PEOPLE ATTENDING, EXCEPT THAT AN ELIGIBLE
29 ORGANIZATION MAY LEASE A FACILITY FOR A BANQUET WHERE A PER
30 HEAD CHARGE IS APPLIED IN CONNECTION WITH THE SERVING OF A
19890S1140B2550 - 18 -
1 MEAL.
2 (F) LIST OF LICENSEES.--THE LICENSING AUTHORITY, ON A
3 SEMIANNUAL BASIS, SHALL SEND A COPY OF ALL LICENSEES TO THE
4 DEPARTMENT OF REVENUE.
5 (G) LIST OF MUNICIPALITIES.--THE LICENSING AUTHORITY SHALL
6 INCLUDE WITH ANY LICENSE OR RENEWAL ISSUED TO AN ELIGIBLE
7 ORGANIZATION, AN UP-TO-DATE LISTING OF THOSE MUNICIPALITIES
8 WITHIN THE LICENSING COUNTY WHICH HAVE APPROVED THE REFERENDUM
9 QUESTION ON SMALL GAMES OF CHANCE.
10 SECTION 11. SPECIAL PERMITS.
11 (A) ISSUANCE AND FEE.--THE LICENSING AUTHORITY SHALL ISSUE A
12 SPECIAL PERMIT FOR EACH RAFFLE IN WHICH THE LICENSEE PROPOSES TO
13 AWARD INDIVIDUAL PRIZES HAVING A CASH VALUE IN EXCESS OF $500.
14 THE LICENSING AUTHORITY MAY ESTABLISH AND COLLECT A FEE NOT TO
15 EXCEED $25 FOR THE ISSUANCE OF SPECIAL PERMITS UNDER THIS
16 SECTION.
17 (B) PERMIT APPLICATION.--EACH SPECIAL PERMIT APPLICATION
18 SHALL SPECIFY THE LOCATION WHERE THE ACTUAL DRAWING WILL BE
19 HELD, THE NUMBER OF CHANCES TO BE SOLD, THE PRICE PER CHANCE AND
20 THE CASH VALUE OF THE PRIZE OR PRIZES TO BE AWARDED.
21 [(C) LOCATION.--NO LOCATION OR LICENSED PREMISES MAY BE USED
22 BY MORE THAN ONE LICENSED CLUB FOR A SPECIAL PERMIT RAFFLE IN A
23 CALENDAR YEAR.]
24 SECTION 12. REVOCATION OF LICENSES.
25 (A) GROUNDS.--THE LICENSING AUTHORITY SHALL REVOKE OR REFUSE
26 TO RENEW THE LICENSE OF ANY [CLUB] ELIGIBLE ORGANIZATION
27 WHENEVER THE DISTRICT ATTORNEY FINDS UPON COMPLAINT AND
28 INVESTIGATION THAT:
29 (1) ANY OF THE FUNDS DERIVED FROM THE OPERATION OF GAMES
30 OF CHANCE ARE USED FOR ANY PURPOSE OTHER THAN FOR [LEGITIMATE
19890S1140B2550 - 19 -
1 CLUB] PUBLIC INTEREST PURPOSES OR FOR THE PURCHASE OF GAMES
2 OF CHANCE AS PERMITTED BY THIS ACT.
3 (2) ANY PERSON UNDER 18 YEARS OF AGE[, OR IN THE CASE OF
4 A CLUB HOLDING A LIQUOR LICENSE, A PERSON UNDER 21 YEARS OF
5 AGE,] IS OPERATING OR PLAYING GAMES OF CHANCE AS DEFINED IN
6 THIS ACT.
7 (3) THE [CLUB] ELIGIBLE ORGANIZATION HAS PERMITTED ANY
8 PERSON WHO HAS BEEN CONVICTED OF A FELONY [OR] IN FEDERAL OR
9 STATE COURT WITHIN THE PAST FIVE YEARS OR HAS BEEN CONVICTED
10 IN A FEDERAL OR STATE COURT WITHIN THE PAST TEN YEARS OF A
11 VIOLATION OF THE ACT OF JULY 10, 1981 (P.L.214, NO.67), KNOWN
12 AS THE BINGO LAW, OR OF THIS ACT, TO MANAGE, SET UP,
13 SUPERVISE OR PARTICIPATE IN THE OPERATION OF GAMES OF CHANCE.
14 (4) THE FACILITY IN WHICH THE GAMES OF CHANCE ARE PLAYED
15 DOES NOT HAVE ADEQUATE MEANS OF INGRESS AND EGRESS AND DOES
16 NOT HAVE ADEQUATE SANITARY FACILITIES AVAILABLE IN THE AREA.
17 (5) ANY PERSON OR PERSONS OTHER THAN A MANAGER, OFFICER,
18 DIRECTOR, BAR PERSONNEL OR A BONA FIDE MEMBER OF [A CLUB] AN
19 ELIGIBLE ORGANIZATION HAVE BEEN INVOLVED IN MANAGING, SETTING
20 UP, OPERATING OR RUNNING GAMES OF CHANCE.
21 (6) ANY PERSON HAS RECEIVED COMPENSATION FOR CONDUCTING
22 GAMES OF CHANCE.
23 (7) ANY PRIZE HAS BEEN AWARDED IN EXCESS OF THE LIMITS
24 PERMITTED UNDER THIS ACT.
25 (8) THE [CLUB] ELIGIBLE ORGANIZATION HAS VIOLATED ANY
26 CONDITION OF A SPECIAL PERMIT ISSUED PURSUANT TO SECTION 11.
27 (9) THE [CLUB] ELIGIBLE ORGANIZATION CONDUCTS THE GAMES
28 OF CHANCE [UPON PREMISES WHICH IT DOES NOT OWN OR LEASE IN
29 ACCORDANCE WITH THIS ACT AND IS EITHER:] UNDER A LEASE WHICH
30 CALLS FOR:
19890S1140B2550 - 20 -
1 (I) LEASING SUCH PREMISES FROM THE OWNER THEREOF
2 UNDER AN ORAL AGREEMENT; OR
3 (II) LEASING SUCH PREMISES FROM THE OWNER THEREOF
4 UNDER A WRITTEN AGREEMENT AT A RENTAL WHICH IS DETERMINED
5 BY THE AMOUNT OF RECEIPTS REALIZED FROM THE PLAYING OF
6 GAMES OF CHANCE.
7 (10) FALSE OR ERRONEOUS INFORMATION WAS PROVIDED IN THE
8 ORIGINAL APPLICATION.
9 (11) [A CLUB] AN ELIGIBLE ORGANIZATION HAS BEEN
10 CONVICTED OF A VIOLATION OF THIS ACT AS EVIDENCED BY A
11 CERTIFIED RECORD OF THE CONVICTION.
12 [(12) THE CLUB HAS PERMITTED ANOTHER CLUB TO USE ITS
13 LICENSED PREMISES FOR THE CONDUCTING OF GAMES OF CHANCE.
14 (13) A CLUB HAS CONDUCTED MORE THAN ONE RAFFLE IN ANY
15 CALENDAR MONTH.]
16 (12) THE ELIGIBLE ORGANIZATION HAS PERMITTED ANOTHER
17 ELIGIBLE ORGANIZATION TO CONDUCT SMALL GAMES OF CHANCE ON ITS
18 LICENSED PREMISES WITHOUT SUSPENDING ITS OWN OPERATION OF
19 SMALL GAMES OF CHANCE DURING THE PERIOD THAT THE OTHER
20 LICENSED ELIGIBLE ORGANIZATION IS CONDUCTING ITS GAMES ON THE
21 PREMISES.
22 (B) PRODUCTION OF RECORDS.--THE DISTRICT ATTORNEY MAY
23 REQUIRE LICENSEES TO PRODUCE THEIR BOOKS, ACCOUNTS AND RECORDS
24 RELATING TO THE CONDUCT OF GAMES OF CHANCE IN ORDER TO DETERMINE
25 WHETHER A LICENSE SHOULD BE REVOKED OR RENEWAL THEREOF DENIED.
26 LICENSEES SHALL ALSO BE REQUIRED TO PRODUCE THEIR LICENSE,
27 BOOKS, ACCOUNTS AND RECORDS RELATING TO THE CONDUCT OF GAMES OF
28 CHANCE TO OTHER LAW ENFORCEMENT OFFICIALS UPON PROPER REQUEST.
29 SECTION 14. LOCAL OPTION.
30 (A) ELECTION TO BE HELD.--IN ANY MUNICIPALITY, AN ELECTION <--
19890S1140B2550 - 21 -
1 MAY BE HELD ON THE DATE OF [THE] A PRIMARY, MUNICIPAL OR GENERAL
2 ELECTION [IMMEDIATELY PRECEDING ANY MUNICIPAL ELECTION, BUT NOT
3 MORE THAN ONCE IN FOUR YEARS,] TO DETERMINE THE WILL OF THE
4 ELECTORS WITH RESPECT TO THE ISSUANCE OF LICENSES WITHIN THE
5 LIMITS OF SUCH MUNICIPALITY UNDER THE PROVISIONS OF THIS ACT.
6 [WHERE AN ELECTION SHALL HAVE BEEN HELD AT THE PRIMARY ELECTION
7 PRECEDING A MUNICIPAL ELECTION IN ANY YEAR, ANOTHER ELECTION MAY
8 BE HELD UNDER THE PROVISIONS OF THIS ACT AT THE PRIMARY ELECTION
9 OCCURRING THE FOURTH YEAR AFTER SUCH PRIOR ELECTION.] WHENEVER
10 ELECTORS EQUAL TO AT LEAST 25% OF THE HIGHEST VOTE CAST FOR ANY
11 OFFICE IN THE MUNICIPALITY AT THE LAST PRECEDING GENERAL
12 ELECTION SHALL FILE A PETITION WITH THE COUNTY BOARD OF
13 ELECTIONS OF THE COUNTY, OR THE GOVERNING BODY OF THE
14 MUNICIPALITY ADOPTS, BY A MAJORITY VOTE, A RESOLUTION TO PLACE
15 SUCH A QUESTION ON THE BALLOT AND A COPY OF THE RESOLUTION IS
16 FILED WITH THE BOARD OF ELECTIONS OF THE COUNTY, FOR A
17 REFERENDUM ON THE QUESTION OF ISSUING LICENSES, THE COUNTY BOARD
18 OF ELECTIONS SHALL CAUSE A QUESTION TO BE PLACED ON THE BALLOT
19 OR ON THE VOTING MACHINE BOARD AND SUBMITTED AT [THE] A PRIMARY <--
20 THE NEXT FOLLOWING PRIMARY, MUNICIPAL OR GENERAL ELECTION <--
21 [IMMEDIATELY PRECEDING THE MUNICIPAL ELECTION]. THE QUESTION
22 SHALL BE IN THE FOLLOWING FORM:
23 DO YOU FAVOR THE ISSUANCE OF LICENSES
24 TO CONDUCT SMALL GAMES OF CHANCE IN THE
25 OF ?
26 (B) VOTE.--IF A MAJORITY OF THE ELECTORS VOTING ON THE
27 QUESTION VOTE "YES," THEN LICENSES SHALL BE ISSUED BY THE
28 LICENSING AUTHORITY IN SUCH MUNICIPALITY, BUT IF A MAJORITY OF
29 THE ELECTORS VOTING ON ANY SUCH QUESTION VOTE "NO," THEN THE
30 LICENSING AUTHORITY SHALL HAVE NO POWER TO ISSUE OR TO RENEW,
19890S1140B2550 - 22 -
1 UPON THEIR EXPIRATION, ANY LICENSES IN SUCH MUNICIPALITY, UNLESS
2 AND UNTIL, AT A LATER ELECTION, A MAJORITY OF THE VOTING
3 ELECTORS VOTE "YES" ON SUCH QUESTION.
4 (C) VOTING PROCEEDINGS.--PROCEEDINGS UNDER THIS SECTION
5 SHALL BE IN ACCORDANCE WITH THE PROVISIONS OF THE ACT OF JUNE 3,
6 1937 (P.L.1333, NO.320), KNOWN AS THE PENNSYLVANIA ELECTION
7 CODE.
8 * * * <--
9 (D) APPLICABILITY.--THIS ACT APPLIES ONLY TO THOSE [CLUBS]
10 ELIGIBLE ORGANIZATIONS LOCATED IN MUNICIPALITIES WHICH HAVE
11 ADOPTED THE PROVISIONS OF THIS ACT BY AN AFFIRMATIVE VOTE IN A
12 MUNICIPAL REFERENDUM IN ACCORDANCE WITH THE PROVISIONS OF THIS
13 SECTION.
14 (E) WITHDRAWAL OF APPROVAL.--THE REFERENDUM PROCEDURE <--
15 CONTAINED IN THIS SECTION SHALL ALSO BE AVAILABLE TO WITHDRAW
16 THE APPROVAL OF THE ISSUANCE OF SUCH LICENSES WITHIN SUCH
17 MUNICIPALITY WHICH WAS GRANTED THROUGH A PRIOR REFERENDUM.
18 * * * <--
19 SECTION 15. ADVERTISING.
20 IT SHALL BE UNLAWFUL FOR ANY [CLUB] ELIGIBLE ORGANIZATION OR
21 PERSON TO ADVERTISE THE PRIZES OR THEIR DOLLAR VALUE TO BE
22 AWARDED IN GAMES OF CHANCE, PROVIDED THAT PRIZES MAY BE
23 IDENTIFIED ON RAFFLE TICKETS. NOTWITHSTANDING THE PROHIBITION OF
24 ADVERTISING CONTAINED WITHIN THIS SECTION, AN ELIGIBLE
25 ORGANIZATION MAY ADVERTISE PRIZES AND VALUES THEREOF IN PERIODIC
26 PUBLICATIONS WHICH ARE LIMITED IN THEIR CIRCULATION TO MEMBERS
27 OF THE ELIGIBLE ORGANIZATION.
28 SECTION 17. PENALTIES.
29 (A) [SUMMARY OFFENSE.--ANY CLUB] ELIGIBLE ORGANIZATIONS.--
30 ANY ELIGIBLE ORGANIZATION VIOLATING THE PROVISIONS OF THIS ACT
19890S1140B2550 - 23 -
1 SHALL BE GUILTY OF A SUMMARY OFFENSE AND, UPON CONVICTION
2 THEREOF, SHALL BE SENTENCED TO PAY A FINE NOT EXCEEDING $1,000
3 AND SHALL FOR A FIRST OFFENSE, FORFEIT [ANY] THE LICENSE TO
4 CONDUCT GAMES OF CHANCE ISSUED TO THE [CLUB, AND IT SHALL BE
5 INELIGIBLE FOR A LICENSE RENEWAL FOR 30 MONTHS THEREAFTER.]
6 ELIGIBLE ORGANIZATION FOR THE REMAINDER OF THE LICENSING PERIOD
7 OR SIX MONTHS, WHICHEVER IS LONGER. FOR A SECOND OFFENSE,
8 FORFEIT THE LICENSE ISSUED TO THE ELIGIBLE ORGANIZATION FOR THE
9 REMAINDER OF THE CURRENT LICENSING PERIOD AND BE INELIGIBLE TO
10 BE LICENSED FOR THE FOLLOWING LICENSING PERIOD. FOR A THIRD OR
11 SUBSEQUENT OFFENSE, FORFEIT THE LICENSE ISSUED TO THE ELIGIBLE
12 ORGANIZATION AND BE INELIGIBLE FOR A LICENSE RENEWAL FOR 30
13 MONTHS THEREAFTER.
14 (B) [MISDEMEANOR] INDIVIDUALS.--ANY PERSON WHO CONDUCTS OR
15 ASSISTS IN THE CONDUCTING OF GAMES OF CHANCE IN VIOLATION OF THE
16 PROVISIONS OF THIS ACT IS GUILTY OF A [MISDEMEANOR OF THE FIRST
17 DEGREE.] SUMMARY OFFENSE FOR A FIRST VIOLATION. A SECOND
18 VIOLATION OF THIS ACT SHALL BE PUNISHABLE AS A MISDEMEANOR OF
19 THE THIRD DEGREE. A THIRD OR SUBSEQUENT VIOLATION SHALL BE
20 PUNISHABLE AS A MISDEMEANOR OF THE FIRST DEGREE.
21 * * *
22 SECTION 2 4. THIS ACT SHALL TAKE EFFECT IMMEDIATELY. <--
F19L04WMB/19890S1140B2550 - 24 -