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PRINTER'S NO. 2947
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2041
Session of
2018
INTRODUCED BY WHEELAND, EVERETT, READSHAW, SAINATO, NEILSON,
KEEFER, MILLARD, A. HARRIS, PICKETT, ROTHMAN, SAYLOR, FRITZ
AND J. McNEILL, JANUARY 29, 2018
REFERRED TO COMMITTEE ON GAMING OVERSIGHT, JANUARY 29, 2018
AN ACT
Amending the act of December 19, 1988 (P.L.1262, No.156),
entitled "An act providing for the licensing of eligible
organizations to conduct games of chance, for the licensing
of persons to distribute games of chance, for the
registration of manufacturers of games of chance, and for
suspensions and revocations of licenses and permits;
requiring records; providing for local referendum by
electorate; and prescribing penalties," in games of chance,
further providing for regulations of department; in club
licensees, further providing for records; and, in
enforcement, further providing for revocation of licenses.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 306(b) of the act of December 19, 1988
(P.L.1262, No.156), known as the Local Option Small Games of
Chance Act, is amended to read:
Section 306. Regulations of department.
* * *
(b) Limitation on recordkeeping requirements.--This section
shall not be construed to authorize the department to promulgate
regulations providing for recordkeeping requirements for
licensed eligible organizations which require unreasonable or
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unnecessary information or a repetitious listing of information.
The department shall strive to keep such recordkeeping
requirements from being an undue hardship or burden on licensed
eligible organizations. [Except as provided under section
701(b), the] The department may not require the retention of
records for a period in excess of [two years] one year. If an
individual prize is in excess of $600, the record shall include
the name and address of the winner. An eligible organization
shall provide each winner with a receipt of the value of the
prize when the prize exceeds $600.
* * *
Section 2. Section 503 of the act is amended and the section
is amended by adding a subsection to read:
Section 503. Records.
(a) General rule.--A club licensee shall maintain records as
required by this act or by the department, including invoices
for games of chance purchased. Records necessary to enforce this
act or to conduct random audits shall be made available to the
Bureau of Liquor Control Enforcement, the department or any
other entity authorized to enforce or conduct audits under this
act.
(b) Alternative storage.--A club licensee may store records
required by subsection (a) at a location outside of the club
licensee's licensed premises provided that:
(1) Records stored at the location outside of the
licensed premises shall be made available to the Bureau of
Liquor Control Enforcement, the department or any other
entity authorized to enforce or conduct audits under this act
within one hour of the request for records being made.
(2) The club licensee maintains a record of the
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location's address on its licensed premises at all times.
Section 3. Section 701(b) of the act is amended to read:
Section 701. Revocation of licenses.
* * *
(b) Production of records.--The district attorney may
require licensees to produce their books, accounts and records
relating to the conduct of games of chance in order to determine
if a violation of this act has occurred. Licensees shall also be
required, upon request, to provide their license, books,
accounts and records relating to the conduct of games of chance
to the licensing authority, the Bureau of Liquor Control
Enforcement or to a law enforcement agency or official. [A club
licensee shall retain records for a period of five years.]
Section 4. This act shall take effect in 60 days.
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