Regular Session 2019-2020 House Bill 1327 P.N. 1565

PRINTER'S NO. 1565

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1327

Session of

2019

INTRODUCED BY DELOZIER, ROTHMAN, BERNSTINE, CIRESI, DeLUCA,

HILL-EVANS, IRVIN, JAMES, MASSER, MILLARD, PICKETT AND

SAINATO, APRIL 25, 2019

REFERRED TO COMMITTEE ON GAMING OVERSIGHT, APRIL 25, 2019

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," providing for social

card games and tournaments.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The act of December 19, 1988 (P.L.1262, No.156),

known as the Local Option Small Games of Chance Act, is amended

by adding a chapter to read:

CHAPTER 8

SOCIAL CARD GAMES AND TOURNAMENTS

Section 801. Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Nonbanking card game." A card game where players play

against one another rather than against the house. Nonbanking

card games may include any of the following:

(1) Poker games.

(2) Hearts.

(3) Rummy.

(4) Pinochle.

(5) Bid Whist.

"Nonbanking card game tournament" or "tournament." A series

of card games held by a licensed eligible organization during a

consecutive period of time of not more than 24 hours and not

held as part of any other games of chance.

"Pyramid" or "build-up." A card game in which a prize must

be returned in order to play another game or to be eligible for

another bigger prize, or a game in which the prize must be

forfeited if a later game is lost.

"Social card game" or "card game." A nonbanking card game

that is played by members at the licensed premises of an

eligible organization.

Section 802. Authorization to conduct social card games.

(a) General rule.--Notwithstanding any provision of 18

Pa.C.S. (relating to crimes and offenses) or of this act or any

other law or regulation to the contrary, social card games may

be played at the licensed premises of an eligible organization

in accordance with the requirements of this chapter.

(b) Conditions.--

(1) Card games may only be played by and between members

of the eligible organization.

(2) No eligible organization or other person may have an

interest, financial or otherwise, in the outcome of a card

game.

20190HB1327PN1565 - 2 -

(3) Only nonbanking card games may be played with

members playing against each other.

(4) Wagering shall be entirely at the discretion of each

player.

(5) The maximum prize or payout for a card game shall be

limited to $100.

(6) No eligible organization may charge a fee for play.

(7) Not more than 10 members may play at a table in a

card game.

(8) Card games may only be played in a room set aside

for those activities at the licensed premises of the eligible

organization.

(9) Not more than five gaming tables may be made

available for the play of card games by the eligible

organization.

(10) No card games may be played between the hours of 1

a.m. and 1 p.m.

(11) No eligible organization or other person may

collect, obtain or charge a percentage of or shall collect or

obtain a portion of a wager or winnings of a player in a card

game, except a player may collect the player's own winnings.

(12) No eligible organization or other person may

collect or obtain any money from, or charge or impose a fee

upon, a person that either enables the person to play or

results in or from the person playing a card game. Nothing in

this paragraph shall be construed to preclude the collection

of a membership fee by the eligible organization that is

unrelated to participation in the play of a card game

authorized under this chapter.

(13) An eligible organization that allows the use of its

20190HB1327PN1565 - 3 -

premises for the play of card games by its members in

accordance with this chapter shall submit a schedule of the

proposed dates of the card games and any card game

tournaments to the licensing authority.

permits the play of card games at its licensed premises shall

prominently post the following in close proximity of card game

tables in the room designated to play card games:

(1) The wagering limits for each type of card game.

(2) The rules of play.

(3) Information on where a person can obtain help for

problem gambling, including the telephone number for the

Pennsylvania Compulsive Gambling Hotline.

(d) Prohibitions.--

(1) It shall be unlawful for an eligible organization

to:

(i) Obtain or collect any money or thing of value

from the conduct of card games at its licensed premises.

(ii) Knowingly permit a card game to be played in

violation of this chapter.

(iii) Fail to comply with the posting requirement in

accordance with subsection (c).

(iv) Engage in any act, practice or course of

conduct that would constitute fraud or deceit upon a

player in a card game.

(v) Allow a person under 21 years of age to play a

card game at the eligible organization's licensed

premises.

(vi) Knowingly allow a person to employ or attempt

to employ a device, scheme or artifice to cheat or

20190HB1327PN1565 - 4 -

defraud a player in a card game.

(vii) Advertise a card game in violation of section

704.

(2) A licensed organization that violates paragraph (1)

shall be subject to the penalties imposed under section

702(d).

(e) Applicability.--The requirements of sections 502 and 503

shall not apply to social card games authorized under this

chapter.

Section 803. Authorization to conduct tournaments.

(a) General rule.--Notwithstanding any other provision of

law or regulation to the contrary, an eligible organization may

conduct nonbanking card game tournaments. A tournament conducted

by an eligible organization shall comply with all of the

following:

(1) Only nonbanking card games shall be played in the

tournament.

(2) Each card game shall be conducted in a fair and

honest manner and shall not be operated on a build-up or

pyramid basis.

(3) Each player in the tournament shall be given the

same chance of winning the tournament. Second-chance entries

or multiple entries shall be prohibited.

(4) The eligible organization shall conduct the

tournament and shall not contract with or permit another

person to conduct the tournament or a card game during the

tournament.

(5) Only the eligible organization may receive or have a

fixed or contingent right to receive, directly or indirectly,

any profit, remuneration or compensation from or related to a

20190HB1327PN1565 - 5 -

card game in the tournament, except an amount that a person

may win as a player on the same basis as the other players.

(6) No eligible organization may hold more than five

tournaments annually.

(7) The tournament may not be conducted within seven

calendar days of another tournament conducted by the eligible

organization.

(8) The eligible organization may hold only one

tournament during a period of 24 consecutive hours, starting

from the time the tournament begins.

(9) At the conclusion of the tournament, the eligible

organization shall announce the name of the winning player

and the amount of winnings.

(10) The eligible organization shall limit the number of

tables used in the tournament to not more than five with not

more than 10 players at each table.

(11) The tournament shall only be held in a room at the

licensed premises designated by the eligible organization for

the conduct of card games.

(12) Players in the tournament shall be limited to the

members of the eligible organization.

(13) Players shall be at least 21 years of age.

(14) The tournament may not provide a direct financial

benefit to the eligible organization or other person, except

winning players in the tournament.

(15) The value of all prizes awarded for the tournament,

except for a Texas Hold'em tournament, may not exceed $200.

(16) If the tournament involves Texas Hold'em, all of

the following shall apply:

(i) The payment of an entry fee or other

20190HB1327PN1565 - 6 -

consideration for participating is prohibited.

(ii) The value of all prizes awarded to an

individual winner of the tournament or contest at a

single table may not exceed $200 each day.

(17) The eligible organization shall ensure that

reasonable accommodations are made for players with

disabilities.

(b) Required postings.--Notwithstanding subsection (a), the

eligible organization shall prominently post the tournament

rules on a sign in the tournament playing room at least 24 hours

before the tournament begins. The sign shall be at least 30

inches by 30 inches, and the rules shall be easily readable. The

sign shall include all of the following:

(1) In permanent letters three inches high, the words

"Tournament Rules."

(2) Card game or games to be played in the tournament

and the rules of each card game.

(3) The prize for each card game and tournament.

(4) How winners will be determined.

(5) Any other tournament rules.

tournament subject to the following:

(1) The eligible organization shall distribute the

prizes awarded on the day the prizes are won.

(2) Donated or merchandise prizes shall not be

repurchased by the eligible organization.

(3) Only prizes that can be won shall be displayed in

the room where the tournament is held.

Section 2. This act shall take effect immediately.

20190HB1327PN1565 - 7 -