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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY EARLL, FOLMER, SOLOBAY, CORMAN, ORIE, SCARNATI, BOSCOLA, FONTANA, FERLO, RAFFERTY, ALLOWAY, PICCOLA, COSTA, YAW, HUGHES, KASUNIC, WAUGH, M. WHITE, WASHINGTON, EICHELBERGER, BROWNE, VOGEL, LEACH, YUDICHAK, PIPPY AND MENSCH, FEBRUARY 23, 2011 |
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| REFERRED TO FINANCE, FEBRUARY 23, 2011 |
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| AN ACT |
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1 | Amending the act of December 19, 1988 (P.L.1262, No.156), |
2 | entitled, as amended, "An act providing for the licensing of |
3 | eligible organizations to conduct games of chance, for the |
4 | licensing of persons to distribute games of chance, for the |
5 | registration of manufacturers of games of chance, and for |
6 | suspensions and revocations of licenses and permits; |
7 | requiring records; providing for local referendum by |
8 | electorate; and prescribing penalties," further providing for |
9 | definitions and for prize limits; providing for insured games |
10 | of chance; further providing for sales limited, for |
11 | regulations of department, for licensing of eligible |
12 | organizations to conduct games of chance, for revocation of |
13 | licenses, for advertising and for penalties; and making |
14 | editorial changes. |
15 | The General Assembly of the Commonwealth of Pennsylvania |
16 | hereby enacts as follows: |
17 | Section 1. Section 2 of the act of December 19, 1988 |
18 | (P.L.1262, No.156), known as the Local Option Small Games of |
19 | Chance Act, is amended to read: |
20 | Section 2. Legislative intent. |
21 | The General Assembly hereby declares that the playing of |
22 | small games of chance for the purpose of raising funds, by |
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1 | certain nonprofit associations, for the promotion of charitable |
2 | or civic purposes, is in the public interest. |
3 | It is hereby declared to be the policy of the General |
4 | Assembly that all phases of licensing, operation and regulation |
5 | of [small] games of chance be strictly controlled, and that all |
6 | laws and regulations with respect thereto as well as all |
7 | gambling laws should be strictly construed and rigidly enforced. |
8 | The General Assembly recognizes the possibility of |
9 | association between commercial gambling and organized crime, and |
10 | wishes to discourage commercialization of [small] games of |
11 | chance, prevent participation by organized crime and prevent the |
12 | diversion of funds from the purposes herein authorized. |
13 | Section 2. The definitions of "daily drawing," "games of |
14 | chance," "raffle" and "weekly drawing" in section 3 of the act, |
15 | amended or added December 19, 1990 (P.L.812, No.195) and October |
16 | 18, 2000 (P.L.602, No.79), are amended to read: |
17 | Section 3. 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 | * * * |
22 | "Daily drawing." A game of chance in which a bona fide |
23 | member selects or is assigned a number for a chance at a prize |
24 | with the winner determined by [a] random drawing to take place |
25 | on the eligible organization's premises [during the same |
26 | operating day]. The term includes games of chance commonly known |
27 | as "member sign-in lotteries" and "half-and-half lotteries." |
28 | Nothing in this act shall be construed to prohibit the carrying |
29 | over of a jackpot where the winning number has not been entered |
30 | in the game of chance on a particular operating day. Daily |
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1 | drawing winners may be determined with the aid of a passive |
2 | selection device or reference to drawings conducted by the |
3 | department pursuant to the act of August 26, 1971 (P.L.351, |
4 | No.91), known as the State Lottery Law. Daily drawing chances |
5 | may not be sold for an amount in excess of $1, and no more than |
6 | one chance per individual may be sold [to an individual during |
7 | the same operating day.] per drawing. Nothing in this definition |
8 | shall be construed to restrict a licensed eligible organization |
9 | from conducting more than one drawing per day. |
10 | * * * |
11 | "Games of chance." Punchboards, daily drawings, weekly |
12 | drawings, raffles and pull-tabs, as defined in this act, |
13 | provided that no such game shall be played by or with the |
14 | assistance of any mechanical or electrical devices or media |
15 | other than a dispensing machine or passive selection device and |
16 | further provided that the particular chance taken by any person |
17 | in any such game shall not be made contingent upon any other |
18 | occurrence or the winning of any other contest, but shall be |
19 | determined solely at the discretion of the purchaser. This |
20 | definition shall not be construed to authorize any other form of |
21 | gambling currently prohibited under any provision of Title 18 of |
22 | the Pennsylvania Consolidated Statutes (relating to crimes and |
23 | offenses) or authorized under 4 Pa.C.S. (relating to |
24 | amusements). Nothing in this act shall be construed to authorize |
25 | games commonly known as "slot machines" or "video poker." |
26 | * * * |
27 | "Raffle." A game of chance in which a participant buys a |
28 | ticket for a chance at a prize with the winner determined by a |
29 | random drawing of corresponding ticket stubs to take place at a |
30 | location and date or dates printed upon each ticket. Such games |
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1 | of chance shall include lotteries but not daily drawings. Raffle |
2 | winners may be determined by reference to drawings conducted by |
3 | the department pursuant to the act of August 26, 1971 (P.L.351, |
4 | No.91), known as the State Lottery Law. |
5 | * * * |
6 | "Weekly drawing." A game of chance in which a bona fide |
7 | member selects or receives a number or numbers for a chance at a |
8 | prize with the winner determined by a random drawing to take |
9 | place on the licensed eligible organization's premises at the |
10 | end of a seven-day period. Nothing in this act shall be |
11 | construed to prohibit the carrying over of a jackpot where the |
12 | winning number has not been entered in the game in a particular |
13 | week. Weekly drawing winners may be determined with the aid of a |
14 | passive selection device or reference to drawings conducted by |
15 | the Department of Revenue pursuant to the act of August 26, 1971 |
16 | (P.L.351, No.91), known as the State Lottery Law. Weekly drawing |
17 | chances may not be sold for an amount in excess of $1. |
18 | Section 3. Section 5 of the act, amended December 19, 1990 |
19 | (P.L.812, No.195) and October 18, 2000 (P.L.602, No.79), is |
20 | amended to read: |
21 | Section 5. Prize limits. |
22 | (a) Individual prize limit.--[The] Except as provided for in |
23 | subsection (i), the maximum cash value which may be awarded for |
24 | any single chance shall be [$500] $1,000. |
25 | (b) Weekly limit.--No more than [$5,000] $20,000 in cash or |
26 | merchandise shall be awarded by any licensed eligible |
27 | organization in any seven-day period. |
28 | (c) Limit on raffles.--No more than $5,000 in cash or |
29 | merchandise shall be awarded in raffles in any calendar month. |
30 | (d) Exception.--[An] A licensed eligible organization may |
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1 | conduct a raffle and award a prize or prizes valued in excess of |
2 | [$500] $1,000 each only under the following conditions: |
3 | (1) The licensing authority has issued a special permit |
4 | for the raffle under section 11. |
5 | (2) [Eligible organizations] A licensed eligible |
6 | organization shall be eligible to receive no more than two |
7 | special permits in any licensed year except that volunteer |
8 | fire, ambulance and rescue organizations shall be eligible to |
9 | receive no more than three special permits in any licensed |
10 | year. |
11 | (3) Only one raffle may be conducted under each special |
12 | permit. |
13 | (4) The total cash value of all prizes shall be no more |
14 | than $100,000 per calendar year. |
15 | (e) Limit on daily drawings.--Daily drawings shall be |
16 | governed by the prize [limitations] limitation contained in |
17 | [subsections (a) and (b)] subsection (a). [An eligible |
18 | organization shall not conduct daily drawings during a period |
19 | when a weekly drawing is taking place.] |
20 | (f) Exception.--The prize limitation contained in |
21 | [subsections (a) and (b)] subsection (a) may be exceeded by a |
22 | daily drawing under the following circumstances: a daily drawing |
23 | may award a prize where the cash value is in excess of [$500] |
24 | $1,000 if such prize is the result of a carryover of a drawing |
25 | or drawings which resulted from the winning number in such |
26 | drawing or drawings not being among the eligible entrants in |
27 | such drawings. Nothing contained herein shall authorize the |
28 | prize [limitations] limitation as contained in [subsections (a) |
29 | and (b)] subsection (a) to be exceeded as a result of a failure |
30 | to conduct a drawing on an operating day during which chances |
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1 | were sold for a daily drawing or for a daily drawing for which |
2 | chances were sold in excess of $1 or for which more than one |
3 | chance was sold to an eligible participant. |
4 | (g) Daily drawing and weekly drawing exception.--When a |
5 | daily drawing or weekly drawing is set up or conducted in such a |
6 | manner as to pay out or award 100% of the gross revenues |
7 | generated from such drawing, the limitations contained in |
8 | subsection (b) shall not apply. |
9 | (h) Limit on weekly drawings.--Weekly drawings shall be |
10 | governed by the prize limitations contained in subsection (b). |
11 | The prize limitation contained in subsection (b) may be exceeded |
12 | by a weekly drawing under the following circumstances: a weekly |
13 | drawing may award a prize where the cash value is in excess of |
14 | [$5,000] $20,000 if such prize is the result of a carryover of a |
15 | drawing or drawings which resulted from the winning number or |
16 | numbers in such drawing or drawings not being among the eligible |
17 | entrants in such drawings. Nothing contained in this act shall |
18 | authorize the prize limitations as contained in subsection (b) |
19 | to be exceeded as a result of a failure to conduct a drawing for |
20 | a week during which chances were sold for a weekly drawing or |
21 | for a weekly drawing for which chances were sold in excess of |
22 | $1. [An eligible organization shall not conduct weekly drawings |
23 | during a period when a daily drawing is taking place.] |
24 | (i) Progressive games of chance.--Progressive games of |
25 | chance shall be permitted with a maximum cash value of $5,000. |
26 | Contributions to the pot shall be counted against the limit for |
27 | the week in which the contribution is made except that when the |
28 | limit is reached the amount awarded shall be counted toward the |
29 | limit only to the extent it was not previously counted toward a |
30 | prior week's limit. |
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1 | (j) Definitions.-- For the purpose of this section, |
2 | progressive games of chance are games of chance in which a |
3 | winning ticket awards the ticket holder an additional chance at |
4 | another game of chance or games of chance. |
5 | Section 4. The act is amended by adding a section to read: |
6 | Section 5.1. Insured games of chance. |
7 | (a) Authorization.--Notwithstanding any provision of this |
8 | act to the contrary, a licensed eligible organization may |
9 | conduct games of chance using insured games. Insured games of |
10 | chance sold by a licensed distributor shall be backed by a valid |
11 | insurance contract issued by an insurance company licensed to do |
12 | business in this Commonwealth. Proof of the insurance contract |
13 | must be provided to the department prior to the game of chance |
14 | being sold. |
15 | (b) Revocation of license.--The license of a distributor and |
16 | an insurance company issuing a contract for an insured game of |
17 | chance may be suspended or revoked for failure to pay an award. |
18 | (c) Definition.--For the purposes of this section, an |
19 | insured game of chance is a game of chance in which the licensed |
20 | distributor or other licensed third party guarantees making the |
21 | payment on a win of a jackpot. |
22 | Section 5. Sections 6 and 9 of the act, amended December 19, |
23 | 1990 (P.L.812, No.195), are amended to read: |
24 | Section 6. Sales limited. |
25 | No person shall sell, offer for sale or furnish games of |
26 | chance for use within this Commonwealth except to [an] a |
27 | licensed eligible organization or distributor licensed under |
28 | this act. No game of chance, other than a raffle, sold, offered |
29 | for sale or furnished for use within this Commonwealth shall |
30 | contain, permit, depict or designate a prize having a cash value |
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1 | in excess of [$500] $1,000. |
2 | Section 9. Regulations of department. |
3 | (a) Authorization.--The department shall promulgate |
4 | regulations to: |
5 | (1) Impose minimum standards and restrictions applicable |
6 | to games of chance manufactured for sale in this |
7 | Commonwealth, which may include standards and restrictions |
8 | which specify the maximum number of chances available to be |
9 | sold for any single game of chance or prize and such other |
10 | standards and restrictions as the department deems necessary |
11 | for the purposes of this act. The department shall consider |
12 | standards adopted by the National Association of Gambling |
13 | Regulatory Agencies and other standards commonly accepted in |
14 | the industry. |
15 | (2) Establish procedures by which manufacturers may |
16 | register and distributors of games of chance may apply for |
17 | licensure on forms which the department shall provide. |
18 | (3) Provide for the suspension or revocation of |
19 | distribution licenses or manufacturer certificates for |
20 | violations of this act or regulations of the department. |
21 | (4) Carry out other provisions of this act. |
22 | (b) Limitation on recordkeeping requirements.--This section |
23 | shall not be construed to authorize the department to promulgate |
24 | regulations providing for recordkeeping requirements for |
25 | licensed eligible organizations which require unreasonable or |
26 | unnecessary information or a repetitious listing of information. |
27 | The department shall strive to keep such recordkeeping |
28 | requirements from being an undue hardship or burden on licensed |
29 | eligible organizations. Under no circumstances shall the |
30 | department require the retention of records for a period in |
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1 | excess of two years. |
2 | (c) Reporting requirements.--Each licensed eligible |
3 | organization shall report to the department prizes awarded as |
4 | required by section 335 of the act of March 4, 1971 (P.L.6, |
5 | No.2), known as the Tax Reform Code of 1971. |
6 | Section 6. Section 10 of the act, amended December 19, 1990 |
7 | (P.L.812, No.195) and October 18, 2000 (P.L.602, No.79), is |
8 | amended to read: |
9 | Section 10. Licensing of eligible organizations to conduct |
10 | games of chance. |
11 | (a) License required.--No eligible organization shall |
12 | conduct or operate any games of chance unless such eligible |
13 | organization has obtained and maintains a valid license issued |
14 | pursuant to this section. Auxiliary groups within a licensed |
15 | eligible [organizations] organization shall be eligible to |
16 | conduct [small] games of chance using the license issued to the |
17 | eligible organization provided that the auxiliary group or |
18 | groups are listed on the application and license of the eligible |
19 | organization. No additional licensing fee shall be charged for |
20 | an auxiliary group's eligibility under this act. Auxiliary |
21 | groups shall not include branches, lodges or chapters of a |
22 | Statewide organization. |
23 | (b) Issuance and fees.--The licensing authority shall |
24 | license, upon application, within 30 days any eligible |
25 | organization meeting the requirements for licensure contained in |
26 | this act to conduct and operate games of chance at such |
27 | locations within the county or in such manner as stated on the |
28 | application as limited by subsection (b.1). The license fee to |
29 | be charged to each eligible organization shall be [$100] $300, |
30 | except for limited occasion licenses which shall be [$10] $30. |
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1 | Licenses shall be renewable [annually] on a biennial basis upon |
2 | the anniversary of the date of issue. |
3 | (b.1) Location of [small] games of chance.--Where there |
4 | exists a location or premises which is the normal business or |
5 | operating site of the eligible organization and is owned or |
6 | leased by that eligible organization to conduct its normal |
7 | business, that site shall be the licensed premises for [small] |
8 | games of chance conducted by the licensed eligible organization. |
9 | If that location consists of more than one building and the |
10 | licensed eligible organization wishes to conduct its games in a |
11 | different building at that location from the one that is listed |
12 | on its application for a license and on its license, the |
13 | licensed eligible organization must notify, in writing, the |
14 | district attorney and the licensing authority of the change in |
15 | building site and the dates and times that will be affected. |
16 | When [an] a licensed eligible organization does not own or lease |
17 | a specific location to conduct its normal business, that |
18 | licensed eligible organization may use another licensed eligible |
19 | organization's premises to conduct its games of chance or may |
20 | make such other arrangements that are consistent with this act, |
21 | including, but not limited to, leasing a premise under a written |
22 | agreement for a rental which is not determined by either the |
23 | amount of receipts realized from the playing of games of chance |
24 | nor the number of people attending except that an eligible |
25 | organization may lease a facility for a banquet where a per head |
26 | charge is applied in connection with the serving of a meal. When |
27 | such eligible organization changes the site of its games of |
28 | chance from that which is listed on its application for a |
29 | license and on its license, the licensed eligible organization |
30 | must notify, in writing, the district attorney and licensing |
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1 | authority of the change in their [games'] games of chance site |
2 | and dates and times that will be affected. More than one |
3 | licensed eligible organization may use the same location, |
4 | provided that each eligible organization has its own license and |
5 | that the prize limitations of this act shall apply separately to |
6 | each licensed eligible organization. |
7 | (b.2) Off-premises games of chance.--Notwithstanding any |
8 | other provisions of this section, [an] a licensed eligible |
9 | organization may conduct [small] games of chance at a location |
10 | off its premises when such games of chance are part of an annual |
11 | carnival, fair, picnic or banquet held or participated in by |
12 | that licensed eligible organization on a historical basis. The |
13 | licensed eligible organization must notify, in writing, the |
14 | district attorney and licensing authority of the location, date |
15 | and times of such events where it will be conducting [small] |
16 | games of chance. |
17 | (b.3) Limited occasion licenses.--Eligible organizations |
18 | which do not own their own premises or which do not lease a |
19 | specific location to conduct their normal business may apply for |
20 | a limited occasion license to conduct [small] games of chance on |
21 | not more than three occasions covering a total of seven days |
22 | during a licensed year. A limited occasion license entitles an |
23 | eligible [organizations] organization holding [such a] the |
24 | license to conduct no more than two raffles during a licensed |
25 | year where prizes may not exceed the established limits for |
26 | regular monthly raffles. Holders of limited occasion licenses |
27 | may not apply or be granted any other license or special permit |
28 | under this act. No holder of a regular license or special permit |
29 | under this act shall apply or be granted a limited occasion |
30 | license. |
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1 | (b.4) Gambling facility prohibited.--It shall be unlawful |
2 | for a person, corporation, association, partnership or other |
3 | business entity to offer for rent or offer for use a building or |
4 | facility to be used exclusively for the conducting of [small] |
5 | games of chance. It shall also be unlawful for any eligible |
6 | organization to lease under any terms a facility or building |
7 | which is used exclusively for the conducting of [small] games of |
8 | chance. |
9 | (c) Display.--Licenses issued pursuant to this section shall |
10 | be publicly displayed at the site of the [small] games of |
11 | chance. |
12 | (d) Operation.--Each licensed eligible organization shall |
13 | [comply with the following restrictions and rules governing the |
14 | operation of games of chance] be prohibited from the following: |
15 | (1) [No] Permitting any person under 18 years of age |
16 | [shall be permitted] to operate or play games of chance. |
17 | (2) [No eligible organization shall permit] Permitting |
18 | any person who has been convicted of a felony in a Federal or |
19 | State court within the past five years or has been convicted |
20 | in a Federal or State court within the past ten years of a |
21 | violation of the act of July 10, 1981 (P.L.214, No.67), known |
22 | as the Bingo Law, or of this act to manage, set up, supervise |
23 | or participate in the operation of games of chance. |
24 | (3) [No eligible organization shall pay] Paying any |
25 | compensation to any person for conducting any games of |
26 | chance. Games of chance may only be conducted by managers, |
27 | officers, directors, bar personnel and bona fide members of |
28 | the eligible organization. |
29 | (4) [Games shall be conducted only] Conducting games of |
30 | chance on any premises other than on the licensed premises or |
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1 | as otherwise provided by this act. |
2 | (5) [The eligible organization shall not lease such] |
3 | Leasing the licensed premises under either an oral or a |
4 | written agreement for a rental which is determined by either |
5 | the amount of receipts realized from the playing of games of |
6 | chance or the number of people attending, except that an |
7 | 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. An eligible organization shall not lease |
10 | such premises from any person who has been convicted of a |
11 | violation of this act or the Bingo Law, within the past ten |
12 | years. |
13 | (6) [Games] Purchasing games of chance, other than |
14 | raffles, daily drawings and weekly drawings[, shall be |
15 | purchased only from manufacturers and distributors] from any |
16 | person, other than a manufacturer or distributor approved by |
17 | the department. |
18 | (7) [No licensed eligible organization shall permit] |
19 | Except as provided in subsection (d.1)(1), permitting its |
20 | licensed premises to be used for [small] games of chance by |
21 | another licensed eligible organization at the same time that |
22 | it is conducting [small] games of chance on the licensed |
23 | premises. When a licensed eligible organization is permitting |
24 | another licensed eligible organization to use its licensed |
25 | premises for purposes of [small] games of chance, it must |
26 | cease the operation of its own [small] games of chance during |
27 | the period that the other licensed eligible organization is |
28 | conducting its games of chance on the licensed premises. |
29 | [(8) Raffle tickets may be sold off the licensed premise |
30 | in any municipality in this Commonwealth which has adopted |
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1 | the provisions of this act by an affirmative vote in a |
2 | municipal referendum. A licensed eligible organization which |
3 | plans to sell raffle tickets in a municipality located in a |
4 | county other than the county in which the eligible |
5 | organization is licensed must notify that county's district |
6 | attorney and licensing authority as to the location and the |
7 | dates that the eligible organization plans to sell raffle |
8 | tickets.] |
9 | (d.1) Sale of raffle tickets.-- |
10 | (1) A licensed eligible organization may sell on its |
11 | licensed premises the raffle tickets of another licensed |
12 | eligible organization that has been issued a limited occasion |
13 | license under subsection (b.3). |
14 | (2) Raffle tickets may be sold off the licensed premises |
15 | in any municipality in this Commonwealth which has adopted |
16 | the provisions of this act by an affirmative vote in a |
17 | municipal referendum. A licensed eligible organization which |
18 | plans to sell raffle tickets in a municipality located in a |
19 | county other than the county in which the licensed eligibile |
20 | organization is licensed must notify that county's district |
21 | attorney and licensing authority as to the location and the |
22 | dates that the licensed eligible organization plans to sell |
23 | raffle tickets. |
24 | (d.2) Bank account and records.--The licensed eligible |
25 | organization shall keep a bank account to hold the proceeds of |
26 | games of chance, which shall be separate from all other funds |
27 | belonging to the licensed eligible organization. Account records |
28 | shall show all expenditures and income and shall be retained by |
29 | the licensed eligible organization for at least two years. |
30 | (e) Application for license.--Each eligible organization |
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1 | shall apply to the licensing authority for a license on a form |
2 | to be prescribed by the Secretary of Revenue. The form shall |
3 | contain an affidavit to be affirmed by the executive officer or |
4 | secretary of the eligible organization stating that: |
5 | (1) No person under 18 years of age will be permitted by |
6 | the eligible organization to operate or play games of chance. |
7 | (2) The facility in which the games of chance are to be |
8 | played has adequate means of ingress and egress and adequate |
9 | sanitary facilities available in the area. |
10 | (3) The eligible organization is not leasing such |
11 | premises from the owner thereof under an oral agreement, nor |
12 | is it leasing such premises from the owner thereof under a |
13 | written agreement at a rental which is determined by the |
14 | amount of receipts realized from the playing of games of |
15 | chance or by the number of people attending, except that an |
16 | eligible organization may lease a facility for a banquet |
17 | where a per head charge is applied in connection with the |
18 | serving of a meal. |
19 | (4) The eligible organization has complied with the |
20 | annual financial report filing. |
21 | (5) The eligible organization has a separate bank |
22 | account to hold all proceeds of games of chance. |
23 | (6) The eligible organization has complied with the |
24 | applicable games of chance training requirements. |
25 | (e.1) Financial report and training requirements.--Each |
26 | eligible organization shall comply with all of the following: |
27 | (1) An eligible organization shall file an annual |
28 | financial report with the licensing authority. The following |
29 | shall apply: |
30 | (i) The first annual report required under this |
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1 | paragraph shall contain information for the 12-month |
2 | period ending at least 60 days, but not more than 90 |
3 | days, prior to the submission of the application. |
4 | Subsequent annual reports shall contain information for |
5 | the most recent 12-month period ending in the same month |
6 | as the initial report. |
7 | (ii) The annual report shall detail gross receipts |
8 | from the conduct of games of chance, the expenses related |
9 | to the conduct of the games of chance, the prizes paid |
10 | out for games of chance and the details as to how the net |
11 | proceeds from games of chance were used or disbursed by |
12 | the eligible organization. |
13 | (iii) The annual report shall be prepared on a one- |
14 | page form to be designed by the department. Additional |
15 | schedules shall be included, if necessary, to provide |
16 | specific details on the use or disbursement of the net |
17 | proceeds from games of chance by the eligible |
18 | organization. |
19 | (iv) A copy of the most recent annual report shall |
20 | be filed with the application to renew the liquor license |
21 | of an eligible organization. |
22 | (2) An eligible organization shall provide evidence to |
23 | the licensing authority that games of chance training has |
24 | been completed under this paragraph. The following shall |
25 | apply: |
26 | (i) A minimum of four hours of training shall have |
27 | been completed within the 24-month period immediately |
28 | preceding the date of the application. |
29 | (ii) The training shall have been completed by the |
30 | executive officer, secretary or a responsible person |
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1 | listed on the application for a license of the eligible |
2 | organization. The person receiving the training shall be |
3 | associated with the conduct of games of chance by the |
4 | eligible organization. |
5 | (iii) The training shall consist of the completion |
6 | of training materials prepared by the department. The |
7 | training materials shall be designed to assist eligible |
8 | organizations in their compliance with statutory and |
9 | regulatory requirements associated with the conduct of |
10 | games of chance. The training materials shall be |
11 | available on the department's publicly accessible |
12 | Internet website. Upon request, the department shall |
13 | provide hard copies of the training materials at a cost |
14 | not to exceed the actual cost of printing and postage. |
15 | (iv) This paragraph shall not apply if the eligible |
16 | organization submits an affidavit affirmed by the |
17 | executive officer or secretary of the eligible |
18 | organization that the eligible organization will not |
19 | conduct games of chance on 60 or more days during the |
20 | licensing period. |
21 | (f) List of licensees.--The licensing authority, on a |
22 | semiannual basis, shall send a copy of all licensees to the |
23 | Department of Revenue. |
24 | (g) List of municipalities.--The licensing authority shall |
25 | include with any license or renewal license issued to an |
26 | eligible organization, an up-to-date listing of those |
27 | municipalities within the licensing county which have approved |
28 | the referendum question on [small] games of chance. |
29 | (h) Background checks.--Each application for a license shall |
30 | include the results of a criminal history record information |
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1 | check obtained from the Pennsylvania State Police, as defined in |
2 | 18 Pa.C.S. § 9102 (relating to definitions) and permitted by 18 |
3 | Pa.C.S. § 9121(b) (relating to general regulations), for the |
4 | executive officer or secretary of the eligible organization |
5 | making the application for a license and all other responsible |
6 | persons listed on the application. |
7 | Section 7. Section 12(a)(12) of the act, amended December |
8 | 19, 1990 (P.L.812, No.195), is amended and the subsection is |
9 | amended by adding a paragraph to read: |
10 | Section 12. Revocation of licenses. |
11 | (a) Grounds.--The licensing authority shall revoke or refuse |
12 | to renew the license of any eligible organization whenever the |
13 | district attorney finds upon complaint and investigation that: |
14 | * * * |
15 | (12) The licensed eligible organization has permitted |
16 | another licensed eligible organization to conduct [small] |
17 | games of chance on its licensed premises without suspending |
18 | its own operation of [small] games of chance during the |
19 | period that the other licensed eligible organization is |
20 | conducting its games of chance on the licensed premises. |
21 | (13) The licensed eligible organization has failed to |
22 | keep and maintain the records required under this act for a |
23 | period of two years. |
24 | * * * |
25 | Section 8. Section 14(a) of the act is amended to read: |
26 | Section 14. Local option. |
27 | (a) Election to be held.--In any municipality, an election |
28 | may be held on the date of the primary election immediately |
29 | preceding any municipal election, but not more than once in four |
30 | years, to determine the will of the electors with respect to the |
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1 | issuance of licenses within the limits of such municipality |
2 | under the provisions of this act. Where an election shall have |
3 | been held at the primary election preceding a municipal election |
4 | in any year, another election may be held under the provisions |
5 | of this act at the primary election occurring the fourth year |
6 | after such prior election. Whenever electors equal to at least |
7 | 25% of the highest vote cast for any office in the municipality |
8 | at the last preceding general election shall file a petition |
9 | with the county board of elections of the county, or the |
10 | governing body of the municipality adopts, by a majority vote, a |
11 | resolution to place such a question on the ballot and a copy of |
12 | the resolution is filed with the board of elections of the |
13 | county, for a referendum on the question of issuing licenses, |
14 | the county board of elections shall cause a question to be |
15 | placed on the ballot or on the voting machine board and |
16 | submitted at the primary election immediately preceding the |
17 | municipal election. The question shall be in the following form: |
18 | Do you favor the issuance of licenses |
19 | to conduct [small] games of chance in the |
20 | of ? |
21 | * * * |
22 | Section 9. Sections 15 and 17(a), (d) and (e) of the act, |
23 | amended December 19, 1990 (P.L.812, No.195), are amended to |
24 | read: |
25 | Section 15. Advertising. |
26 | [It shall be unlawful for any eligible organization or person |
27 | to] Any licensed eligible organization or person may advertise |
28 | the prizes or their dollar value to be awarded in games of |
29 | chance, provided that [prizes may be identified on raffle |
30 | tickets. Notwithstanding the prohibition of advertising |
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1 | contained within this section, an eligible organization may |
2 | advertise prizes and values thereof in periodic publications |
3 | which are limited in their circulation to members of the |
4 | eligible organization.] such advertisements shall contain the |
5 | date, time, location, whether cash or merchandise prizes will be |
6 | awarded and the name of the licensed eligible organization and |
7 | the name of the person who conducts the games of chance. |
8 | Section 17. Penalties. |
9 | (a) Eligible organizations.--Any eligible organization |
10 | violating the provisions of this act shall be guilty of a |
11 | summary offense and, upon conviction thereof, shall be sentenced |
12 | to pay a fine not exceeding [$1,000] $2,000 and shall for a |
13 | first offense, forfeit the license to conduct games of chance |
14 | issued to the eligible organization for the remainder of the |
15 | licensing period or six months, whichever is longer, for a |
16 | second offense, forfeit the license issued to the eligible |
17 | organization for the remainder of the current licensing period |
18 | and be ineligible to be licensed for the following licensing |
19 | period, for a third or subsequent offense, forfeit the license |
20 | issued to the eligible organization and be ineligible for a |
21 | license renewal for 30 months thereafter. |
22 | * * * |
23 | (d) Rigging.--A person commits a misdemeanor of the first |
24 | degree if, with intent to prevent a game of chance from being |
25 | conducted in accordance with the requirements of this act or the |
26 | rules and usages governing the game of chance, he: |
27 | (1) confers or offers or agrees to confer any benefit |
28 | upon or threatens any injury to a participant or other person |
29 | associated with the game of chance; |
30 | (2) tampers with any person or [games] game of chance; |
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1 | or |
2 | (3) solicits, accepts or agrees to accept any benefit. |
3 | (e) Contingent fees.--Any person who distributes, |
4 | manufactures or operates a [small] game of chance and who |
5 | requires, for equipment furnished or to play a game of chance, |
6 | payment equal to a percentage of the total winnings of any game |
7 | of chance commits a misdemeanor of the first degree. |
8 | Section 10. This act shall apply as follows: |
9 | (1) The amendment or addition of section 10(e)(4) and |
10 | (5), (e.1)(1) and (h) of the act shall apply to an |
11 | application for a license filed more than 60 days after the |
12 | effective date of this section. |
13 | (2) The amendment or addition of section 10(e)(6) and |
14 | (e.1)(2) of the act shall apply to an application for a |
15 | license filed more than one year after the effective date of |
16 | this section. |
17 | Section 11. This act shall take effect as follows: |
18 | (1) The following provisions shall take effect |
19 | immediately: |
20 | (i) The amendment or addition of section 10(b), (e), |
21 | (e.1) and (h) of the act. |
22 | (ii) Section 10 of this act. |
23 | (iii) This section. |
24 | (2) The remainder of this act shall take effect in 60 |
25 | days. |
|