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PRINTER'S NO. 1014
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
411
Session of
2017
INTRODUCED BY KLUNK, D. COSTA, GROVE, RYAN, DAVIS, DIAMOND,
ROTHMAN, PICKETT, SAINATO, IRVIN, DUNBAR, MILLARD, KAUFFMAN,
GABLER, WARNER, WATSON, SAYLOR, PHILLIPS-HILL, NELSON, WARD,
MOUL, SANTORA, NEILSON, R. BROWN, MARSICO AND MASSER,
MARCH 20, 2017
REFERRED TO COMMITTEE ON GAMING OVERSIGHT, MARCH 20, 2017
AN ACT
Amending the act of July 10, 1981 (P.L.214, No.67), entitled "An
act relating to the lawful conduct of bingo, prescribing
penalties and making a repeal," further providing for
definitions, for rules for licensing and operation and for
penalty.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definitions of "association," "bingo" and
"bona fide member" in section 3 of the act of July 10, 1981
(P.L.214, No.67), known as the Bingo Law, are amended and the
section is amended by adding definitions to read:
Section 3. Definitions.
The following words and phrases when used in this act shall
have, unless the context clearly indicates otherwise, the
meanings given to them in this section:
"Association." A volunteer fire company or an ambulance,
religious, charitable, fraternal, veterans, civic, county fair
or agricultural association, or any separately chartered
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auxiliary of any of the above associations, organized as a
nonprofit organization which shall have existed, and conducted
business in furtherance of their written constitution, charter,
articles of incorporation or bylaw express purpose, for two
years prior to application for a license: Provided, however,
That an association whose membership consists exclusively of
elderly residents of a senior citizen housing project may apply
for a license immediately upon its being organized as such and
need not meet the two-year waiting requirement[.]: and Provided,
further, That the two-year waiting requirement shall not apply
to a bona fide consolidated volunteer fire company if at least
one of the fire companies included in the merger or
consolidation establishing the consolidated entity holds a valid
and current bingo license. A consolidated entity may apply for a
bingo license immediately upon it being determined and verified
to be a bona fide consolidated volunteer fire company. This term
shall not be interpreted to include political organizations as
associations eligible for a bingo license. An association shall
not be denied a bingo license because its name denotes
affiliation with a political organization if in fact the
association is not a political organization as evidenced by its
written constitution, charter, articles of incorporation or
bylaw express purpose.
"Bingo." A game in which each player has a card or board
containing five horizontal rows all but the central one
containing five figures. The central row has four figures with
the word "free" marked in the center thereof. Any preannounced
combination of spaces when completed by a player constitutes
bingo. In the absence of a preannouncement of a combination of
spaces, any combination of five in a row whether horizontal or
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vertical when completed by a player constitutes bingo when its
numbers are announced and covered. A wheel or other mechanical
device may be used by any person conducting the game of bingo,
and any such person may award a prize to any player or players
first completing any combination constituting bingo. The term
shall also include predraw bingo.
"Bona fide member." Any individual who holds a full
membership in the association as defined by the association's
constitution, charter, articles of incorporation or bylaws [and
has been a member of the association for at least one year]. The
term shall also include those individuals who are members of an
auxiliary or recognized junior affiliate of the parent
association.
* * *
"Consolidated entity." A bona fide consolidated volunteer
fire company.
"Consolidated volunteer fire company" or "bona fide
consolidated volunteer fire company." Two or more volunteer
fire companies that merge or consolidate their use of
facilities, equipment, firefighters and services to provide fire
protection or rescue services and that may offer other voluntary
emergency services within this Commonwealth. Voluntary emergency
services provided by a consolidated volunteer fire company may
include voluntary ambulance and voluntary rescue services.
* * *
"Predraw bingo." A game of bingo in which 24 or more numbers
are randomly generated prior to the beginning of a game in the
presence of at least five players. The random numbers shall be
generated through the use of balls or other objects separate
from those to be used once a game begins or through use of a
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wheel or other mechanical device. Players may purchase concealed
face cards to play the game after the random numbers are
generated and called. Any card on which all numbers on the card
are covered solely by the random numbers called or by the random
numbers and the subsequent numbers called once the game begins
shall constitute bingo.
Section 2. Section 5(a), (c)(2), (3), (4), (9), (10) and
(11) and (d) of the act are amended and subsection (c) is
amended by adding a paragraph to read:
Section 5. Rules for licensing and operation.
(a) Issuance and fee.--[The]
(1) Except as provided in paragraph (2), the licensing
authority shall license, upon application, any association as
defined in section 3 to conduct the game of bingo at one
location in the county[, which, when in a county of the
second class, shall only be in the city, borough or township
where the main business office or headquarters of the
association is located. The county treasurer of a county of
the second class shall indicate on each license the city,
borough or township where the association may conduct bingo.
The single municipal location limitation shall not apply to a
group of licensed associations conducting bingo at a central
location]. The license fee to be charged to each nonprofit
association shall be $100 per annum except to those
recognized senior citizens' groups who conduct bingo for
their members only the fee shall be $50 per annum. The
license fee to be charged to each agricultural association or
county fair shall be $100 per annum. Associations which
conduct bingo only one period each year for not more than
three consecutive days shall be charged $15 for the issuance
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of their license. The fees collected pursuant to this section
shall be paid by the licensing authority into the general
fund of the county and used for county purposes. All records
retained by the licensing authority relating to the issuance
of bingo licenses and bingo permits shall be public
information.
(2) Notwithstanding the single location requirement of
paragraph (1), if it is determined that the applicant is a
bona fide consolidated volunteer fire company, the
consolidated volunteer fire company is authorized to conduct
the game of bingo at two locations in the county.
* * *
(c) Operation.--Each licensed association shall comply with
the following restrictions and rules governing the operation of
bingo:
* * *
[(2) No association shall conduct bingo more than twice
in any one week, except an association shall be permitted to
conduct the game of bingo for a period not to exceed ten days
at the association's exposition, carnival or fair site in
addition to the regularly scheduled games.]
(3) Prizes awarded shall not exceed a value of [$250]
$500 for any one game of bingo, except for jackpot games
which shall not exceed a value of [$2,000] $4,000 for one
such game. In addition, no more than [$4,000] $8,000 in
prizes shall be awarded in any calendar day.
(4) Only associations licensed to conduct bingo shall be
permitted to advertise their bingo games. Such advertisements
shall contain the date, time, location, whether cash or
merchandise prizes will be awarded and the name of the
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association licensed to conduct the bingo game and the name
of the individual in charge of the operation of the game. [An
association shall not advertise the prizes or their dollar
value which will be awarded nor shall they advertise a
guaranteed prize dollar value.] An association may advertise
any prize, its dollar value and any guaranteed prize dollar
value.
* * *
(9) [No] Except as provided in paragraph (13), no
association shall permit any person who is not a bona fide
member of the association or who has been convicted of a
felony or a violation of this act to manage, set up,
supervise or participate in the operation of the
association's bingo games. Nothing contained in this act
shall be construed to prohibit individuals under 18 years of
age from participating in the operation of the game and being
compensated therefor if written permission is obtained from
their parent or guardian.
(10) Associations which obtain a license for the purpose
of conducting bingo at an exposition, carnival or fair for a
period not exceeding ten days shall be permitted to contract
a charitable organization to manage, set up, supervise or
participate in the operation of the bingo game provided only
merchandise prizes are awarded. [Only] Except as provided in
paragraph (13), only bona fide members of the contracted
charitable organization shall be permitted to participate in
the operation of the bingo game. If no charitable
organizations are available, the association may contract an
outside operator to conduct the game for merchandise at the
exposition, carnival or fair site. The provisions of this
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paragraph shall not be construed to allow bingo games to be
ordinarily carried out on a commercial basis in this
Commonwealth.
[(11) No person shall participate in the operation of
bingo games on more than four days in any calendar week,
which games may be operated by no more than two different
licensed associations. This provision shall not apply to
persons engaged in the operation of bingo for merchandise at
expositions, carnivals or fairs not exceeding ten days in
duration.]
* * *
(13) An association or a charitable organization may
permit a person who is not a bona fide member of the
association or charitable organization and who has not been
convicted of a felony or violation of this act to announce
numbers during the conduct of bingo if the person is under
the supervision of a bona fide member of the association or
charitable organization. A person who is not a bona fide
member of the association or charitable organization must be
approved by the association or charitable organization prior
to announcing numbers according to the association's or
charitable organization's constitution, charter, articles of
incorporation or bylaws.
(d) Application for license.--Each association shall apply
to the licensing authority for a license on a form to be
prescribed by the Secretary of the Commonwealth. Said form shall
contain an affidavit to be affirmed by the executive officer or
secretary of the association stating that:
(1) No person under the age of 18 will be permitted by
the association to play bingo unless accompanied by an adult.
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(2) The facility in which any game of bingo is to be
played does have adequate means of ingress and egress and
adequate sanitary facilities available in the area.
(3) The association is the sole or joint owner with a
licensed association of the equipment used in playing bingo
or it leases the equipment from another licensed association
under a written agreement for a fee which is not determined
by the amount of receipts realized from the playing of bingo
or the number of people attending bingo games. This paragraph
shall not apply to associations contracting with charitable
organizations or outside operators to conduct bingo at
expositions, carnivals or fairs.
(4) The association is the owner of both the premises
upon which bingo is played and the personal property used in
the conduct of the game or, if it is not, that the
association is not leasing such premises or personal property
from the owner thereof under an oral agreement, nor is it
leasing such premises or personal property from the owner
thereof under a written agreement at a rental which is
determined by either the amount of receipts realized from the
playing of bingo or the number of people attending bingo
games, nor is it leasing such premises or personal property
from a person who has been convicted of a felony or a
violation of this act.
[(5) The association will not conduct the playing of
bingo more than twice per week in any one week, except those
associations conducting bingo at expositions, carnivals or
fairs.]
(6) The association in any calendar day will not award a
total of more than [$4,000] $8,000 in prizes.
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(7) The association is a nonprofit association as
defined in this act.
* * *
Section 3. Section 7(b) of the act is amended to read:
Section 7. Penalty.
* * *
(b) Misdemeanor.--Any person who conducts or assists in the
conducting of bingo in violation of the provisions of this act,
is guilty of a misdemeanor of the first degree. [Any person who
permits the conduct of bingo on the same premises, owned by him
or leased to him, on more than five days in any one week or by
more than one association in any calendar day, except for bingo
being played at an exposition, carnival or fair, is guilty of a
misdemeanor of the first degree.]
Section 4. This act shall take effect in 60 days.
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