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PRINTER'S NO. 1383
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1292
Session of
2021
INTRODUCED BY MASSER, MILLARD, ROWE, SAYLOR, DRISCOLL, JOZWIAK
AND SAINATO, APRIL 27, 2021
REFERRED TO COMMITTEE ON GAMING OVERSIGHT, APRIL 27, 2021
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 preliminary
provisions, further providing for definitions; in games of
chance, further providing for distributor licenses and for
registration of manufacturers; in enforcement, further
providing for enforcement; and, in tavern gaming, further
providing for definitions, for licenses, for application, for
approval, for change in ownership, for tavern raffle, for
distribution of net revenue, for tavern games tax, for host
municipality tavern games tax, for reports, for enforcement
and for prohibitions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "tavern games" in section 103
of the act of December 19, 1988 (P.L.1262, No.156), known as the
Local Option Small Games of Chance Act, is amended and the
section is amended by adding definitions to read:
Section 103. Definitions.
The following words and phrases when used in this act shall,
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except as provided under section 902, have the meanings given to
them in this section unless the context clearly indicates
otherwise:
* * *
"Tavern daily drawing." A game in which:
(1) an individual at a tavern selects or is assigned a
number for a chance at a prize with the winner determined by
random drawing to take place at the tavern during the same
operating day;
(2) a winner may be determined with the aid of a passive
selection device or reference to drawings conducted by the
department under the act of August 26, 1971 (P.L.351, No.91),
known as the State Lottery Law;
(3) chances are not sold for an amount in excess of $1;
and
(4) no more than one chance per individual is sold per
drawing.
"Tavern games." Pull-tabs, tavern daily drawings, tavern
weekly drawings and tavern raffles.
"Tavern raffle." A raffle held in part for a charitable or
public purpose in accordance with section 908.1.
"Tavern weekly drawing." A game in which:
(1) an individual at a tavern selects or is assigned a
number for a chance at a prize with the winner determined by
random drawing to take place at the tavern at the end of a
seven-day period;
(2) a winner may be determined with the aid of a passive
selection device or reference to drawings conducted by the
department under the act of August 26, 1971 (P.L.351, No.91),
known as the State Lottery Law;
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(3) chances are not sold for an amount in excess of $1;
and
(4) no more than one chance per individual is sold per
drawing.
* * *
Section 2. Sections 304(i), 305(d) and 702(b) of the act are
amended to read:
Section 304. Distributor licenses.
* * *
(i) Exception.--This section shall not apply to the
manufacture or distribution of raffle tickets, 50/50 drawings,
daily drawings, weekly drawings, tavern daily drawings, tavern
weekly drawings, tavern raffles or pools.
Section 305. Registration of manufacturers.
* * *
(d) Exception.--This section shall not apply to the
manufacture or distribution of raffle tickets, 50/50 drawings,
daily drawings, weekly drawings, tavern daily drawings, tavern
weekly drawings, tavern raffles or pools.
Section 702. Enforcement.
* * *
(b) Bureau of Liquor Control Enforcement.--If the licensee
is a club licensee [or a licensee under Chapter 9], the Bureau
of Liquor Control Enforcement may enforce the provisions of this
act in accordance with subsection (g). An administrative law
judge under section 212 of the act of April 12, 1951 (P.L.90,
No.21), known as the Liquor Code, may impose the penalties under
subsection (d) following the issuance of a citation by the
bureau. The Bureau of Liquor Control Enforcement shall have no
jurisdiction to enforce the provisions of this act on any
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special occasion permit holder under section 408.4 of the Liquor
Code. The Bureau of Liquor Control Enforcement shall retain all
powers and duties to enforce the provisions of the Liquor Code
on a special occasion permit holder.
* * *
Section 3. The definition of "net revenue" in section 902 of
the act is amended and the section is amended by adding
definitions to read:
Section 902. 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:
* * *
"Eating place licensee." An eating place as defined in
section 102 of the act of April 12, 1951 (P.L.90, No.21), known
as the Liquor Code, that is licensed to sell liquor under the
Liquor Code.
* * *
"Net revenue." As follows:
(1) For tavern games required to be purchased from a
licensed distributor under this act, the difference between:
(i) the amount of the face value, as indicated by
the manufacturer, minus the cost of the game, collectible
by a licensee from a tavern game; and
(ii) the maximum amount of prizes payable, as
indicated by the manufacturer, by a licensee from a
tavern game.
(2) For tavern games not required to be purchased from a
licensed distributor, the term has the same meaning as
proceeds.
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* * *
"Tavern weekly drawing." A game in which:
(1) an individual at a tavern selects or is assigned a
number for a chance at a prize with the winner determined by
random drawing to take place at the tavern at the end of a
seven-day period;
(2) a winner may be determined with the aid of a passive
selection device or reference to drawings conducted by the
department under the act of August 26, 1971 (P.L.351, No.91),
known as the State Lottery Law;
(3) chances are not sold for an amount in excess of $1;
and
(4) no more than one chance per individual is sold per
drawing.
Section 4. Sections 903, 904, 905, 906, 908.1, 909,
909.1(a), (c) and (h), 909.2(c) and (g), 912, 913 and 914 of the
act are amended to read:
Section 903. Licenses.
(a) Application.--A restaurant licensee or eating place
licensee may apply to the [board] department for a license to
conduct tavern games at a licensed premises located in a
municipality that has adopted a referendum to allow small games
of chance under section 703.
(b) Information.--The application under subsection (a) shall
include the following information:
(1) The name, address and photograph of the applicant.
(2) A current tax lien certificate issued by the
department and a certificate from the Department of Labor and
Industry of payment of all workers' compensation and
unemployment compensation owed.
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(3) The details of any license issued under 4 Pa.C.S.
Pt. II (relating to gaming), the act of April 12, 1951
(P.L.90, No.21), known as the Liquor Code, or this act which
was applied for or in which the applicant or other owner has
an interest.
(4) Certified consent by the applicant, including each
owner and officer of the restaurant licensee or eating place
licensee, to a background investigation by the [bureau]
department.
(5) Relating to criminal information, disclosure of all
arrests and citations of the applicant, including nontraffic
summary offenses. The information shall include all of the
following:
(i) A brief description of the circumstances
surrounding the arrest or issuance of the citation.
(ii) The specific offense charged.
(iii) The ultimate disposition of the charge,
including any dismissal, plea bargain, conviction,
sentence[, pardon, expungement] or order of Accelerated
Rehabilitative Disposition.
(6) Financial interests and transactions as required by
the [bureau] department.
(7) Relating to citations of the applicant issued under
the Liquor Code.
(8) Relating to disclosure of conditional license
agreements entered into under the Liquor Code.
(9) Any other information required by the [board]
department.
(c) Duty of [bureau] department.--The [bureau] department
shall conduct a background investigation of each applicant, the
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scope of which shall be determined by the [bureau] department.
(d) Review.--Within six months of [receipt of] the
background investigation report [from the bureau] under
subsection (c), the [board] department shall approve or
disapprove the application.
(e) Background investigation.--Each applicant shall include
information and documentation as required to establish personal
and financial suitability, honesty and integrity. Information
shall include:
(1) [Criminal history record information.] A criminal
history record information check obtained from the
Pennsylvania State Police, as defined in 18 Pa.C.S. § 9102
(relating to definitions) and permitted by 18 Pa.C.S. §
9121(b) (relating to general regulations), for the applicant
or any other person required by the department.
(2) Financial background information.
(3) Regulatory history before the [board] department or
other Commonwealth agency.
(4) Other information required by the [bureau]
department.
(f) Personal interview.--If the [bureau] department
determines that the results of the background report
investigation warrant additional review of the individual, the
[bureau] department shall conduct a personal interview with the
applicant and may request information and interviews from other
personal or professional associates.
(g) Cooperation.--The applicant shall cooperate with the
[bureau] department as requested during the conduct of the
background investigation. Any refusal to provide the information
required under this section or to consent to a background
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investigation shall result in the immediate denial of a license
by the [board] department.
(h) Costs.--The applicant shall reimburse the [bureau]
department for the actual costs of conducting the background
investigation. The [board] department shall not approve an
applicant that has not fully reimbursed the [bureau] department
for the investigation.
(i) Approval.--[The bureau shall transmit the investigative
report and may make a recommendation to the board. The board]
The department shall review the information obtained under this
section to determine if the applicant possesses the following:
(1) Financial stability, integrity and responsibility.
(2) Sufficient business experience and ability to
effectively operate tavern games as part of the restaurant
licensee's operator or eating place licensee's operator.
(3) Character, honesty and integrity to be licensed to
operate tavern games in a responsible and lawful manner.
(j) Disapproval.--The [board] department may disapprove the
issuance of a tavern gaming license for the following reasons:
(1) A license shall not be issued to a restaurant
licensee or eating place licensee whose liquor license is in
safekeeping pursuant to section 474.1 of the Liquor Code.
(2) A license shall not be issued to a location that is
subject to a pending objection under section 470(a.1) of the
Liquor Code.
(3) A license shall not be issued to a location that is
subject to:
(i) a pending license suspension under section 471
of the Liquor Code; or
(ii) a one-year prohibition on the issuance or
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transfer of a license under section 471(b) of the Liquor
Code.
Section 904. Application.
[(a) Application fee.--]An applicant shall pay the [board]
department a nonrefundable application fee of $1,000.
[(b) Investigative fee.--An applicant shall pay an
investigative fee of $1,000 to the bureau.
(c) Costs.--In addition to the fee under subsection (b), an
applicant and any owner and officer of the applicant shall pay
for the actual costs of a background investigation conducted by
the bureau that exceed the application fee. The bureau may:
(1) Charge an estimated amount to be provided prior to
the background investigation.
(2) Submit for reimbursement from the applicant for the
additional costs incurred in the background investigation.
(d) Funds.--Funds collected under subsections (b) and (c)
shall augment the funds appropriated to the Pennsylvania Gaming
Control Board under 4 Pa.C.S. (relating to amusements).]
Section 905. Approval.
(a) Issuance.--Upon being satisfied that the requirements of
section 903 have been met, the [board] department may approve
the application and issue a tavern games license for a period of
one year. The [board] department may enter into an agreement
with the licensee concerning additional restrictions on the
license, and this agreement shall be binding on the licensee.
Failure of the licensee to adhere to the agreement will be cause
for penalties under section 913(c) and for the nonrenewal of the
license under section 913(f).
(b) Renewal.--A license shall be renewed annually. A license
renewal shall not require review of the [bureau, unless
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requested by the board] department. The [board] department may
refuse to renew a tavern gaming license for the following
reasons:
(1) A license shall not be issued to a restaurant
licensee or eating place licensee whose liquor license is in
safekeeping under section 474.1 of the act of April 12, 1951
(P.L.90, No.21), known as the Liquor Code.
(2) A license shall not be issued to a location that is
subject to a pending objection under section 470(a.1) of the
Liquor Code.
(3) A license shall not be issued to a location that is
subject to:
(i) a pending license suspension under section 471
of the Liquor Code; or
(ii) a one-year prohibition on the issuance or
transfer of a license under section 471(b) of the Liquor
Code.
(c) Fee.--Upon approval, the applicant shall pay [a $2,000]
an annual renewal license fee [to be deposited in the General
Fund] of $500. The department shall deposit the annual renewal
license fee [shall be $1,000] into the General Fund.
(d) Entitlement.--Nothing under this chapter shall be
construed to create an entitlement to a license by a person. The
[board] department shall have sole discretion to issue, renew,
condition, suspend, revoke or deny a license based on the
requirements of this chapter and whether the issuance and
maintenance of the license are in the best interests of the
Commonwealth.
(e) Nontransferability.--A license shall be a grant of
privilege to conduct tavern games. A license may not be sold,
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transferred or assigned to any other person. A licensee may not
pledge or otherwise grant a security interest in or lien on the
license. The [board] department shall have the sole discretion
to issue, renew, condition or deny the issuance of a license.
Section 906. Change in ownership.
(a) Notice.--A licensee shall notify the [board] department
of a change of ownership of the premises or sale or transfer of
the restaurant license.
(b) Qualification.--The purchaser or transferee of the
assets or premises of a licensee must independently qualify for
a license[,] and pay the [license fee and undergo and pay fees
and costs for a background investigation under section 903.]
application fee under section 904.
Section 908.1. Tavern raffle.
The following shall apply to a tavern raffle:
(1) No more than one tavern raffle may be held in a
calendar month.
(2) A tavern raffle must be held for a designated
charitable purpose.
(3) Each individual participating in the tavern raffle
must be informed of the charitable purpose involved.
(4) At least 50% of the net revenues from the tavern
raffle shall be transmitted to the designated charity within
seven days of the tavern raffle.
(5) Any net revenues not transmitted under paragraph (4)
shall be distributed as follows:
(i) [Sixty] Fifty percent shall be paid to the
Commonwealth.
(ii) [Thirty-five] Forty-five percent may be
retained by the licensee.
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(iii) Five percent shall be paid to the Commonwealth
and deposited into the restricted receipts account
established in section 909.3.
(6) A tavern raffle prize remaining unclaimed by a
winner 60 days after the tavern raffle was held shall be
donated by the licensee within 30 days to the designated
charitable organization for which the tavern raffle was
conducted.
Section 909. Distribution of net revenue.
Beginning January 1, 2014, the net revenue from tavern games
received by a licensee shall be distributed as follows:
(1) [Sixty] Fifty percent of the net revenue obtained in
any calendar year shall be paid to the Commonwealth.
(2) [Thirty-five] Forty-five percent of the net revenue
obtained in any calendar year may be retained by the
licensee.
(3) Five percent shall be paid to the Commonwealth and
deposited into the restricted receipts account established in
section 909.3.
Section 909.1. Tavern games tax.
(a) Imposition.--There is imposed a tax of [60%] 55% of the
net revenue from tavern games sold by a licensed distributor to
a licensee within this Commonwealth.
* * *
(c) Other games.--In an instance where the tavern game is
not required to be purchased from a licensed distributor under
this act, a tax of [60%] 55% is imposed upon the net revenue
from tavern daily drawings, tavern weekly drawings and tavern
raffles under section 908.1 and must be paid to the Commonwealth
by the licensee.
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* * *
(h) Penalties and interest.--If a licensee or licensed
distributor fails to file the return required under subsection
(e) or fails to pay the tax imposed under subsection (a) or (c),
the department may do the following:
(1) assess the amount of tax due;
(2) impose and assess an administrative penalty equal to
10% of the tax due but unpaid for each quarter or fraction
thereof that the tax remains unpaid together with interest at
the rate established under section 806 of the act of April 9,
1929 (P.L.343, No.176), known as The Fiscal Code, on the tax
from the time the tax became due. The penalty provided in
this paragraph must be added to the tax and assessed and
collected at the same time and in the same manner as a part
of the tax. Unless otherwise specified, the tax must be
assessed, collected and enforced by the department under the
provisions of Article II of the act of March 4, 1971 (P.L.6,
No.2), known as the Tax Reform Code of 1971;
(3) [notify the board that a licensee has not filed
returns or has not paid tax. The board may] suspend or revoke
a licensee's license; or
(4) revoke a licensed distributor's license.
* * *
Section 909.2. Host municipality tavern games tax.
* * *
(c) Other games.--In an instance where the tavern game is
not required to be purchased from a licensed distributor under
this act, a tax of 5% is imposed upon the net revenue from
tavern daily drawings, tavern weekly drawings and tavern raffles
under section 908.1 and must be paid to the Commonwealth and
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deposited into the restricted receipts account established in
section 909.3.
* * *
(g) Penalties and interest.--If a licensee or licensed
distributor fails to file the return required under subsection
(e) or fails to pay the tax imposed under subsection (a) or (c),
the department may do the following:
(1) assess the amount of tax due;
(2) impose and assess an administrative penalty equal to
10% of the tax due but unpaid for each quarter or fraction
thereof that the tax remains unpaid together with interest at
the rate established under section 806 of the act of April 9,
1929 (P.L.343, No.176), known as The Fiscal Code, on the tax
from the time the tax became due. The penalty provided in
this paragraph must be added to the tax and assessed and
collected at the same time and in the same manner as a part
of the tax. Unless otherwise specified, the tax must be
assessed, collected and enforced by the department under the
provisions of Article II of the act of March 4, 1971 (P.L.6,
No.2), known as the Tax Reform Code of 1971;
(3) [notify the board that a licensee has not filed
returns or has not paid tax. The board may] suspend or revoke
a licensee's license; or
(4) revoke a licensed distributor's license.
* * *
Section 912. Reports.
A licensee shall submit an annual report to the [board and
the] department for the preceding year on a form and in a manner
prescribed by the department. The department shall develop a
schedule for the submission of the annual report. The report
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shall include:
(1) Prizes awarded as required under section 335 of the
act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform
Code of 1971.
[(2) Net revenue received from each tavern game
conducted, itemized by week.
(3) Amount of prizes paid from all tavern games,
itemized by week.]
(4) Amount of tax remitted to the department.
(5) Amount given to designated charities from tavern
raffles.
(6) Other information as required by the department.
Section 913. Enforcement.
(a) [Board] Department.--The [board] department may,
following notice and hearing, impose penalties or suspend or
revoke a license under this chapter.
[(b) Authority of department.--Notwithstanding any law to
the contrary, the department may report violations of this
chapter to the board and to the Bureau of Liquor Control
Enforcement.]
(c) [Penalties] Civil penalties.--The [board] department may
impose a civil penalty for a violation of this chapter in
accordance with the following:
(1) Up to [$2,000] $100 for an initial violation.
(2) Up to [$3,000] $500 for a second violation.
(3) Up to [$5,000] $1,000 for a third violation.
[(d) Criminal penalty.--A violation of this chapter shall be
a misdemeanor of the third degree. A second or subsequent
offense shall be a misdemeanor of the second degree.
(e) Administrative law judge.--An administrative law judge
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under section 212 of the act of April 12, 1951 (P.L.90, No.21),
known as the Liquor Code, may impose the penalties under this
section following the issuance of a citation by the Bureau of
Liquor Control Enforcement.]
(f) Suspension, revocation or failure to renew.--
(1) In addition to any other sanctions the [board]
department may impose under this chapter [or under the Liquor
Code], the [board] department may, at its discretion,
suspend, revoke or deny renewal of any license issued under
this chapter if it receives any information from any source
and determines that:
(i) The applicant or any of its officers, directors,
owners or employees:
(A) Is in violation of any provision of this
chapter.
(B) Furnished the [board] department with false
or misleading information.
(ii) The information contained in the applicant's
initial application or any renewal application is no
longer true and correct.
(2) In the event of a revocation, suspension or failure
to renew, the applicant's authorization to conduct the
previously approved activity shall immediately cease, and all
fees paid in connection therewith shall be deemed to be
forfeited. In the event of a suspension, the applicant's
authorization to conduct the previously approved activity
shall immediately cease until the [board] department has
notified the applicant that the suspension is no longer in
effect.
(3) The department shall immediately and permanently
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revoke a license issued under this chapter if the licensee
has committed four or more violations of this chapter in a
two-year period.
(g) Law enforcement officials.--Nothing in this chapter may
restrict or limit the power of a State, county or local law
enforcement official to conduct investigations and file criminal
charges under this chapter.
(h) Violations.--
(1) Except as provided in paragraph (2), a violation of
this chapter by a restaurant licensee or eating place
licensee shall not constitute a violation of the act of April
12, 1951 (P.L.90, No.21), known as the Liquor Code.
(2) If a restaurant licensee or eating place licensee
has committed four or more violations of this act, the bureau
may enforce a violation of this chapter as a violation of the
Liquor Code.
(3) A violation of this chapter shall not constitute
a violation of the Liquor Code for the purposes of section
471(c) of the Liquor Code.
Section 914. Prohibitions.
The following shall apply to any license authorized or issued
under this chapter:
(1) No license may be issued to a restaurant licensee or
eating place licensee whose place of business is located in a
licensed facility as defined in 4 Pa.C.S. § 1103 (relating to
definitions).
(2) No license may be issued to a place of business on
the grounds of a facility where a major league sports team
conducts games or races.
(3) No license may be issued to a place of business that
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has been decreed a nuisance pursuant to section 611 of the
act of April 12, 1951 (P.L.90, No.21), known as the Liquor
Code.
(4) The [board] department shall be prohibited from
issuing a license to any person who has been convicted of a
felony offense or misdemeanor gambling offense in any
jurisdiction unless 15 years have elapsed from the date of
conviction of the offense.
(5) It shall be unlawful for an individual under 21
years of age to play or attempt to play or otherwise
participate in a tavern game.
(6) It shall be unlawful for a licensee to permit an
employee under 18 years of age to operate tavern games.
(7) It shall be unlawful for an owner, officer or
employee of a licensee to sell, operate or otherwise
participate in the conduct of tavern games if the employee
has been convicted in any jurisdiction of a felony or a
misdemeanor gambling offense unless 15 years have elapsed
from the date of conviction of the offense.
(8) It shall be unlawful for an owner or officer of a
licensee or for an employee of the licensee who operates the
tavern game to participate in the game. This paragraph shall
not apply to a raffle.
Section 5. This act shall take effect in 60 days.
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