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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY DeWEESE, FABRIZIO, SOLOBAY, SANTONI, BELFANTI, BRENNAN, CALTAGIRONE, EACHUS, FRANKEL, GERGELY, HARHAI, KORTZ, KULA, MAHONEY, PALLONE, PASHINSKI, K. SMITH, STABACK, WHITE AND GERBER, JUNE 17, 2009 |
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| REFERRED TO COMMITTEE ON GAMING OVERSIGHT, JUNE 17, 2009 |
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| AN ACT |
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1 | Relating to amusement; authorizing table games; imposing powers |
2 | and duties on the Pennsylvania Gaming Control Board; |
3 | providing for eligibility to conduct authorized table games, |
4 | for licensure of table game facilities, for conduct of |
5 | authorized table games, for statement of compliance, for |
6 | certificate of operation, for table game employees, for key |
7 | employees, for service industry employees and for licensure |
8 | of table game service industries; imposing powers and |
9 | conferring duties on the Bureau of Investigation and |
10 | Enforcement, the Pennsylvania State Police and the Attorney |
11 | General; providing for distribution of gross table game |
12 | revenue, for property tax relief, for corrupt organizations, |
13 | for prohibitions, for inspections, for enforcement and for |
14 | compulsive and problem gambling assistance; providing |
15 | penalties; making appropriations; and making related repeals. |
16 | The General Assembly of the Commonwealth of Pennsylvania |
17 | hereby enacts as follows: |
18 | TABLE OF CONTENTS |
19 | Chapter 1. Preliminary Provisions |
20 | Section 101. Short title. |
21 | Section 102. Legislative finding and declaration. |
22 | Section 103. Definitions. |
23 | Chapter 2. Table Games Authorized |
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1 | Section 201. Authorization to conduct table games. |
2 | Section 202. Authorized locations for operation. |
3 | Section 203. Commencement of table game operations. |
4 | Section 204. Applicability. |
5 | Chapter 3. Duties of Board |
6 | Section 301. General powers. |
7 | Section 302. Powers and duties of board. |
8 | Section 303. Regulatory powers. |
9 | Section 304. Denials and sanctions. |
10 | Section 305. Annual report, study and recommendations. |
11 | Section 306. Application hearing process. |
12 | Section 307. Board minutes and records. |
13 | Section 308. Maintenance of information. |
14 | Section 309. Temporary regulations. |
15 | Section 310. Diversity goals and requirements of board. |
16 | Section 311. Application appeals. |
17 | Section 312. Issuance of license, permit or registration. |
18 | Chapter 4. Fees, Fines and Penalties |
19 | Section 401. Authority of board; imposition and collection of |
20 | fees, fines and penalties. |
21 | Section 402. Table game license fee. |
22 | Section 403. Deposit of fees. |
23 | Section 404. Ability to pay license fee. |
24 | Section 405. Fee on authorized table games. |
25 | Chapter 5. Authorized Licenses |
26 | Section 501. Table game licensing requirements. |
27 | Section 502. Statement of compliance. |
28 | Section 503. Table game license applicant eligibility. |
29 | Section 504. Requirements to manage. |
30 | Section 505. Eligibility of corporations. |
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1 | Section 506. Restrictions on licensure. |
2 | Chapter 6. Table Game License Application |
3 | Section 601. Application for table game license. |
4 | Section 602. Disqualification for licensure. |
5 | Section 603. Order approving or denying table game license and |
6 | investigation. |
7 | Section 604. Renewal of table game license. |
8 | Section 605. Bond. |
9 | Section 606. Confidentiality of information. |
10 | Chapter 7. Table Game Key Employee License |
11 | Section 701. Licensure of table game key employees. |
12 | Section 702. Denial of license. |
13 | Section 703. Petition for temporary license. |
14 | Chapter 8. Table Game Employee Occupation Permit |
15 | Section 801. Occupation permit required. |
16 | Section 802. Requirements for permit. |
17 | Section 803. Residency. |
18 | Section 804. Convictions not basis for denial of permit. |
19 | Chapter 9. Table Game Service Employees |
20 | Section 901. Table game service employees registration |
21 | required. |
22 | Section 902. Application requirements. |
23 | Section 903. Residency. |
24 | Section 904. Convictions not basis for revocation of |
25 | registration. |
26 | Section 905. Petition for registration. |
27 | Section 906. Registration fee. |
28 | Chapter 10. Table Game Service Industry |
29 | Section 1001. Licensure of table game service industry. |
30 | Section 1002. Qualifications of table game service industry. |
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1 | Section 1003. Table game service industries. |
2 | Section 1004. Restrictions on exempted persons. |
3 | Section 1005. Disqualification. |
4 | Section 1006. Proof of business license and taxes. |
5 | Section 1007. Subcontractor requirements. |
6 | Chapter 11. Approval or Denial of License, Permit or |
7 | Registration |
8 | Section 1101. Investigation. |
9 | Section 1102. Issuance or denial of license, permit or |
10 | registration. |
11 | Section 1103. Authority to deny application. |
12 | Section 1104. Issuance and renewal of license, permit or |
13 | registration. |
14 | Section 1105. Time for renewal; extension. |
15 | Chapter 12. Transfers |
16 | Section 1201. Transfer of property or security. |
17 | Section 1202. Request for interim authorization. |
18 | Section 1203. Trust agreements. |
19 | Section 1204. Obligations and responsibilities. |
20 | Section 1205. Time for determining qualification. |
21 | Chapter 13. Conditions of Operation |
22 | Section 1301. Operation certificate. |
23 | Section 1302. Condition of continued operation. |
24 | Section 1303. Hours of operation. |
25 | Chapter 14. Game and Facility Requirements |
26 | Section 1401. Authorized table games. |
27 | Section 1402. Wagers and payoffs. |
28 | Section 1403. Information to patrons and players. |
29 | Section 1404. Acceptance of tips. |
30 | Section 1405. Table game facility requirements. |
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1 | Section 1406. Table game devices, apparatuses, equipment and |
2 | supplies. |
3 | Section 1407. Restrictions and prohibitions. |
4 | Section 1408. Density requirement. |
5 | Section 1409. Approved hotels. |
6 | Chapter 15. Internal Controls |
7 | Section 1501. Internal controls. |
8 | Section 1502. Modification of internal controls. |
9 | Section 1503. Additional submissions to board. |
10 | Chapter 16. Credit |
11 | Section 1601. Restriction on provision of credit. |
12 | Section 1602. Acceptance of checks. |
13 | Section 1603. Prohibition on provision of credit. |
14 | Section 1604. Accounts, deposits and transactions. |
15 | Section 1605. Limitation on amount redeemed. |
16 | Chapter 17. Supplier and Manufacturer Licenses |
17 | Section 1701. Supplier and manufacturer licenses. |
18 | Section 1702. Additional eligibility requirements. |
19 | Section 1703. Issuance of license. |
20 | Section 1704. Additional supplier license requirements. |
21 | Section 1705. Records. |
22 | Section 1706. Inspections. |
23 | Chapter 18. Junkets and Complimentary Services |
24 | Section 1801. Junkets. |
25 | Section 1802. Temporary occupation permit. |
26 | Section 1803. Agreements. |
27 | Section 1804. Responsibility of licensee for conduct of junket. |
28 | Section 1805. Violation of terms of junket. |
29 | Section 1806. Records of junkets. |
30 | Section 1807. Report of junket participants. |
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1 | Section 1808. Junket arrangements; exemption determination. |
2 | Section 1809. Prohibitions relating to junkets. |
3 | Section 1810. Complimentary services. |
4 | Section 1811. Prohibition on provision of complimentary |
5 | services. |
6 | Chapter 19. Professional Services |
7 | Section 1901. Definitions. |
8 | Section 1902. Reporting of professional services. |
9 | Chapter 20. Agreements, Leases and Contracts |
10 | Section 2001. Payments under agreement, lease or contract. |
11 | Section 2002. Maintenance of records. |
12 | Section 2003. Termination of agreement by board. |
13 | Section 2004. Transfer of license. |
14 | Chapter 21. Corporate Licensees |
15 | Section 2101. Disposition of securities. |
16 | Section 2102. Action upon finding of disqualification. |
17 | Section 2103. Prohibition upon disqualification. |
18 | Section 2104. Reports by public and nonpublicly traded |
19 | corporations. |
20 | Section 2105. Report of changes in corporation. |
21 | Chapter 22. Employment |
22 | Section 2201. Table game facility employment. |
23 | Section 2202. Requirements for principal employees. |
24 | Chapter 23. Table Game Revenue |
25 | Section 2301. Accounts and deposits. |
26 | Section 2302. Gross table game revenue deductions. |
27 | Section 2303. Table game tax. |
28 | Section 2304. Distribution to agricultural programs. |
29 | Section 2305. Consumer Price Index. |
30 | Chapter 24. Administration and Enforcement |
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1 | Section 2401. Authority and responsibility of department. |
2 | Section 2402. Powers and duties of bureau. |
3 | Section 2403. Duties of Pennsylvania State Police. |
4 | Section 2404. Inspections. |
5 | Chapter 25. Prohibitions |
6 | Section 2501. Prohibitions. |
7 | Section 2502. Reports of suspicious transactions. |
8 | Section 2503. Specific offenses relating to table games and |
9 | penalties. |
10 | Section 2504. Underage gambling and prohibition. |
11 | Section 2505. Authority to detain. |
12 | Section 2506. Additional prohibitions and penalties. |
13 | Section 2507. Sanctions. |
14 | Section 2508. Continuing offenses. |
15 | Section 2509. Property subject to seizure, confiscation, |
16 | destruction or forfeiture. |
17 | Chapter 26. Racketeering and Corrupt Organizations |
18 | Section 2601. Racketeering and corrupt organizations. |
19 | Section 2602. Racketeering activity. |
20 | Chapter 27. Public Officials |
21 | Section 2701. Financial interest and prohibitions. |
22 | Section 2702. Political influence. |
23 | Chapter 28. Compulsive Gambling Assistance |
24 | Section 2801. Establishment of program; duties of licensee. |
25 | Chapter 29. Miscellaneous Provisions |
26 | Section 2901. Electronic funds transfer terminal; automatic |
27 | teller machines. |
28 | Section 2902. Liquor license. |
29 | Section 2903. Exclusive jurisdiction of Pennsylvania Supreme |
30 | Court. |
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1 | Section 2904. Appropriations. |
2 | Section 2905. Severability. |
3 | Section 2906. Repeals. |
4 | Section 2907. Effective date. |
5 | The General Assembly of the Commonwealth of Pennsylvania |
6 | hereby enacts as follows: |
7 | CHAPTER 1 |
8 | PRELIMINARY PROVISIONS |
9 | Section 101. Short title. |
10 | This act shall be known and may be cited as the Table Game |
11 | Authorization and Control Act. |
12 | Section 102. Legislative finding and declaration. |
13 | The General Assembly finds and hereby declares that this act |
14 | is intended to benefit the people of the Commonwealth of |
15 | Pennsylvania by providing additional revenue for the support of |
16 | property and wage tax relief. The General Assembly further finds |
17 | that authorization for the expansion of a controlled gaming |
18 | industry requires careful exercise of legislative power to |
19 | protect the general health, welfare and safety of the people of |
20 | this Commonwealth. Therefore, the General Assembly further finds |
21 | and declares that: |
22 | (1) It is the public policy of this Commonwealth that |
23 | the authorization to conduct and operate table games at |
24 | licensed slot machine facilities to generate revenue for |
25 | property and wage tax relief and promote investment, economic |
26 | development and tourism, including international tourism, |
27 | requires the enactment of comprehensive measures to ensure |
28 | that table games are free from criminal and corruptive |
29 | elements and conducted honestly and competitively at licensed |
30 | slot machine facilities. |
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1 | (2) The policy purposes of this act will not be achieved |
2 | unless public confidence and trust in the credibility and |
3 | integrity of table game operations and their regulatory |
4 | process is maintained. Accordingly, the provisions of this |
5 | act are crafted to strictly regulate table game facilities |
6 | and persons, locations, associations, activities and |
7 | practices related to the conduct and operation of authorized |
8 | table games. |
9 | (3) Public trust and confidence in table game operations |
10 | can only be maintained by strict and comprehensive regulation |
11 | of all persons, locations, associations, activities and |
12 | practices related to the conduct and operation of authorized |
13 | table games; the manufacture and distribution of table game |
14 | equipment, apparatuses, devices and supplies; and the |
15 | provision of goods, services and property used in the conduct |
16 | and operation of authorized table games at licensed table |
17 | game facilities. |
18 | (4) All table game operations, all individuals and |
19 | persons who have or will have a significant involvement in |
20 | table game operations, all licensed slot machine facilities |
21 | where table games will be conducted, all manufacturers, |
22 | suppliers and other approved persons that provide table game |
23 | equipment, apparatuses, devices and supplies and all |
24 | providers of goods, services and property used in the conduct |
25 | and operation of authorized table games and table game |
26 | facilities shall be approved, licensed or regulated to |
27 | protect the public health, safety and general welfare of the |
28 | residents of this Commonwealth as an exercise of the police |
29 | power of this Commonwealth. |
30 | (5) In order to effectuate the policy purposes of this |
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1 | act, it is necessary and essential: |
2 | (i) that table game facilities, activities and all |
3 | equipment, devices, apparatuses and supplies used in the |
4 | conduct of authorized table games and persons |
5 | participating in those activities be licensed, permitted |
6 | or registered or otherwise approved or qualified by the |
7 | Pennsylvania Gaming Control Board in accordance with the |
8 | provisions of this act; |
9 | (ii) that certain transactions, events and processes |
10 | involving licensed table game facilities and table game |
11 | licensees be subject to prior approval; |
12 | (iii) that unsuitable persons not be permitted to |
13 | associate with table game licensees and other persons |
14 | involved in the conduct and operation of authorized table |
15 | games at licensed table game facilities; and |
16 | (iv) that table game activities take place only in |
17 | licensed slot machine facilities. |
18 | (6) To ensure that table game operations are conducted |
19 | honestly, competitively and free of criminal and corruptive |
20 | elements, any license, permit or registration or any other |
21 | approval issued or granted pursuant to this act is deemed a |
22 | revocable privilege and is not a property right. |
23 | Section 103. Definitions. |
24 | The following words and phrases when used in this act shall |
25 | have the meanings given to them in this section unless the |
26 | context clearly indicates otherwise: |
27 | "Account" or "player's account." A financial record |
28 | established by a licensed table game facility for an individual |
29 | patron to which the facility may credit winnings and other |
30 | amounts due to the patron and from which the patron may withdraw |
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1 | moneys due to the patron for purchase of tokens, chips or other |
2 | things or representatives of value. |
3 | "Affiliate." A person that directly or indirectly, through |
4 | one or more intermediaries, controls, or is controlled by, or is |
5 | under common control with a specified person. |
6 | "Applicant." A person who, on his own behalf or on the |
7 | behalf of another, has applied to the Pennsylvania Gaming |
8 | Control Board for approval to engage in any act or activity |
9 | authorized or regulated under the provisions of this act. |
10 | "Application." A written request for permission to engage in |
11 | any act or activity which is authorized or regulated under the |
12 | provisions of this act. |
13 | "Approve," "approved" or "approval." In the case of an |
14 | application submitted to the Pennsylvania Gaming Control Board |
15 | for qualification for a table game license and the authority to |
16 | conduct table games, the terms, regardless of usage, refer to |
17 | the date that the Pennsylvania Gaming Control Board grants the |
18 | table game license, regardless of the pendency of any |
19 | administrative or judicial appeal or other legal action |
20 | challenging the decision of the Pennsylvania Gaming Control |
21 | Board. |
22 | "Authorized game," "authorized table game" or "game." Any |
23 | banking, nonbanking or percentage game played with cards, dice, |
24 | tiles, dominoes or any mechanical, electronic, computerized or |
25 | electrical device used to play a table game for money, property, |
26 | checks, credit or any representation of value, including, |
27 | without limiting the generality of the foregoing, roulette, |
28 | baccarat, blackjack, craps, big six wheel, mini-baccarat, red |
29 | dog, pai gow, poker, twenty-one, acey-ducey, chuck-a-luck, fan- |
30 | tail, panguingui, chemin de fer, sic bo, and any variations or |
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1 | composites of such games, provided that the variations or |
2 | composites are found by the Pennsylvania Gaming Control Board to |
3 | be suitable for use after an appropriate test or experimental |
4 | period under terms and conditions as the Pennsylvania Gaming |
5 | Control Board may determine appropriate; and any other game, |
6 | including multiplayer electronic table games, which is |
7 | determined by the Pennsylvania Gaming Control Board to be |
8 | compatible with the public interest and suitable for use in a |
9 | licensed table game facility after the appropriate test or |
10 | experimental period as the Pennsylvania Gaming Control Board |
11 | deems appropriate. The terms include table game contests or |
12 | tournaments in which players compete against one another in one |
13 | or more of the table games authorized under this act or by the |
14 | Pennsylvania Gaming Control Board or approved variations or |
15 | composites of those games, provided the Pennsylvania Gaming |
16 | Control Board authorizes the contests or tournaments. The term |
17 | shall not include: |
18 | (1) Lottery games of the Pennsylvania State Lottery as |
19 | authorized under the act of August 26, 1971 (P.L.351, No.91), |
20 | known as the State Lottery Law. |
21 | (2) Bingo as authorized under the act of July 10, 1981 |
22 | (P.L.214, No.67), known as the Bingo Law. |
23 | (3) Pari-mutuel betting on the outcome of thoroughbred |
24 | or harness horse racing as authorized under the act of |
25 | December 17, 1981 (P.L.435, No.135), known as the Race Horse |
26 | Industry Reform Act. |
27 | (4) Small games of chance as authorized under the act of |
28 | December 19, 1988 (P.L.1262, No.156), known as the Local |
29 | Option Small Games of Chance Act. |
30 | (5) Slot machine gaming and progressive slot machine |
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1 | gaming as authorized under 4 Pa.C.S. Pt. II (relating to |
2 | gaming). |
3 | "Background investigation." A security, criminal, financial, |
4 | credit and/or suitability investigation of a person who has |
5 | applied for the issuance or renewal of a license, permit or |
6 | registration under this act, or of a licensee who holds a |
7 | current license approved and issued by the Pennsylvania Gaming |
8 | Control Board. The background investigation shall include the |
9 | status of any taxes owed to the United States, the Commonwealth |
10 | or political subdivisions of the Commonwealth or any other |
11 | jurisdiction. |
12 | "Board." The Pennsylvania Gaming Control Board. |
13 | "Bureau." The Bureau of Investigation and Enforcement of the |
14 | Pennsylvania Gaming Control Board established under 4 Pa.C.S. |
15 | Pt. II (relating to gaming). |
16 | "Cash." United States currency and coin or foreign currency |
17 | and coin that have been exchanged for its equivalent in United |
18 | States currency or coin. |
19 | "Cash equivalent." An asset that is readily convertible to |
20 | cash, including, but not limited to, any of the following: |
21 | (1) Travelers checks. |
22 | (2) Certified checks, cashier's checks and money orders. |
23 | (3) Personal checks or drafts. |
24 | (4) Credit extended by the table game licensee, a |
25 | recognized credit card company or banking institution. |
26 | (5) Any other instrument that the Pennsylvania Gaming |
27 | Control Board deems a cash equivalent. Other than recognized |
28 | credit cards or credit extended by the table game licensee, |
29 | all instruments that constitute a cash equivalent shall be |
30 | made payable to the table game licensee, bearer or to cash. |
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1 | An instrument made payable to a third party shall not be |
2 | considered a cash equivalent under this definition. |
3 | "Cash equivalent value." The monetary value that a table |
4 | game licensee shall assign to a jackpot or payout that consists |
5 | of merchandise or any thing of value other than cash, tokens, |
6 | chips or plaques. The Pennsylvania Gaming Control Board shall |
7 | promulgate rules defining "cash equivalent value" in order to |
8 | assure fairness, uniformity and comparability of valuation of |
9 | jackpots and payoffs that include merchandise or anything of |
10 | value. |
11 | "Chairman." The chairperson of the Pennsylvania Gaming |
12 | Control Board. |
13 | "Chip." A representation of value redeemable for cash only |
14 | at the issuing table game facility and issued by the table game |
15 | licensee for use in playing an authorized table game. |
16 | "Complimentary service or item." Any lodging, service or |
17 | item provided to an individual at no cost or at a reduced price, |
18 | which is not generally available to the public under similar |
19 | circumstances. The furnishing of a complimentary service or item |
20 | by a table game licensee shall constitute the indirect payment |
21 | for the service or item by the table game licensee, and shall be |
22 | valued in an amount based upon the retail price normally charged |
23 | by the table game licensee for the service or item. The value of |
24 | a complimentary service or item not normally offered for sale by |
25 | a table game licensee or provided by a third party on behalf of |
26 | a table game licensee shall be the cost to the table game |
27 | licensee of providing the service or item, as determined in |
28 | accordance with the rules of the Pennsylvania Gaming Control |
29 | Board. |
30 | "Control" or "controlling interest." For a publicly traded |
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1 | domestic or foreign corporation, a controlling interest is an |
2 | interest in a legal entity, applicant or licensee if a person's |
3 | sole voting rights under State law or corporate articles or |
4 | bylaws entitle the person to elect or appoint one or more of the |
5 | members of the board of directors or other governing board or |
6 | the ownership or beneficial holding of 5% or more of the |
7 | securities of the publicly traded corporation, partnership, |
8 | limited liability company or other form of publicly traded legal |
9 | entity, unless this presumption of control or ability to elect |
10 | is rebutted by clear and convincing evidence. For a privately |
11 | held domestic or foreign corporation, partnership, limited |
12 | liability company or other form of privately held legal entity, |
13 | a controlling interest is the holding of any securities in the |
14 | legal entity, unless this presumption of control is rebutted by |
15 | clear and convincing evidence. |
16 | "Conviction." A finding of guilt or a plea of guilty or nolo |
17 | contendere, whether or not a judgment of sentence has been |
18 | imposed as determined by the law of the jurisdiction in which |
19 | the prosecution was entered. The term shall not include a |
20 | conviction that has been expunged, overturned or for which an |
21 | individual has been pardoned or where an order of accelerated |
22 | rehabilitative disposition has been completed. |
23 | "Counterfeit chips or tokens." Chip-like or token-like |
24 | objects that have not been approved by the Pennsylvania Gaming |
25 | Control Board for use in authorized table games, including |
26 | objects commonly referred to as "slugs," but not including legal |
27 | coins of the United States or any foreign country or |
28 | jurisdiction. |
29 | "Count room." The room or rooms designated for counting, |
30 | wrapping and recording of a table game licensee's authorized |
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1 | table game receipts. |
2 | "Creditor." The holder of any claim, of whatever character, |
3 | against a person, whether secured or unsecured, matured or |
4 | unmatured, liquidated or unliquidated, absolute, fixed or |
5 | contingent. |
6 | "Debt." Any legal liability, whether matured or unmatured, |
7 | liquidated or unliquidated, absolute, fixed or contingent. |
8 | "Department." The Department of Revenue of the Commonwealth. |
9 | "Encumbrance." A mortgage, security interest, lien or charge |
10 | of any nature in or upon property. |
11 | "Equity security." Any voting stock of a corporation or |
12 | similar security; any security convertible, with or without |
13 | consideration, into a security; the carrying of any warrant or |
14 | right to subscribe to or purchase a security or any such warrant |
15 | or right; or any security having direct or indirect |
16 | participation in the profits of the issuer. |
17 | "Establishment." A single building or two or more buildings, |
18 | including an approved hotel, that are physically connected in a |
19 | manner deemed appropriate by the Pennsylvania Gaming Control |
20 | Board, containing a table game facility, a slot machine facility |
21 | or any other facility, as approved by the Pennsylvania Gaming |
22 | Control Board. |
23 | "Gaming activity." The dealing, operating, carrying on, |
24 | conducting, maintaining or exposing for play any authorized |
25 | table game. |
26 | "Gross table game revenue." |
27 | (1) The total of wagers received in the playing of an |
28 | authorized table game minus the total of: |
29 | (i) Cash or cash equivalents paid out to patrons as |
30 | a result of playing an authorized table game. |
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1 | (ii) Cash paid to purchase annuities to fund prizes |
2 | payable to patrons over a period of time as a result of |
3 | playing an authorized table game. |
4 | (iii) Any personal property distributed to a patron |
5 | as the result of playing an authorized table game. This |
6 | does not include travel expenses, food, refreshments, |
7 | lodging or any other complimentary services or items. |
8 | (2) The term does not include counterfeit money or |
9 | tokens, coins or currency of other countries which are |
10 | received in the playing of an authorized table game, except |
11 | to the extent that they are readily convertible to United |
12 | States currency; cash taken in fraudulent acts perpetrated |
13 | against a table game licensee for which the table game |
14 | licensee is not reimbursed; or cash received as entry fees |
15 | for contests or tournaments in which the patrons compete for |
16 | prizes. |
17 | "Holding company." Any corporation, association, firm, |
18 | partnership, trust or other form of business organization other |
19 | than a natural person that, directly or indirectly, owns, has |
20 | the power or right to control, or has the power to vote any |
21 | significant part of the outstanding voting securities of a |
22 | corporation or other form of business organization which holds |
23 | or applies for a table game license. For the purpose of this |
24 | definition, in addition to any other reasonable meaning of the |
25 | words used, a holding company indirectly has, holds or owns |
26 | power, right or security if it does so through any interest in a |
27 | subsidiary or successive subsidiaries, however many subsidiaries |
28 | may intervene between the holding company and the table game |
29 | licensee or an applicant for a table game license. |
30 | "Institutional investor." Any of the following: |
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1 | (1) Any retirement fund administered by a public agency |
2 | for the exclusive benefit of Federal, State or local public |
3 | employees. |
4 | (2) Any investment company registered under the |
5 | Investment Company Act of 1940 (54 Stat. 789, 15 U.S.C. § |
6 | 80a-1 et seq.). |
7 | (3) Any collective investment trust organized by banks |
8 | under Part Nine of the Rules of the Comptroller of the |
9 | Currency. |
10 | (4) Any closed-end investment trust, chartered or |
11 | licensed life insurance company or property and casualty |
12 | insurance company, banking and other chartered or licensed |
13 | lending institution or investment advisor registered under |
14 | the Investment Advisers Act of 1940 (54 Stat. 847, 15 U.S.C. |
15 | § 80b-1 et seq.). |
16 | (5) Other persons that the Pennsylvania Gaming Control |
17 | Board may determine consistent with this act. |
18 | "Intermediary company." Any corporation, association, firm, |
19 | partnership, trust or any other form of business organization |
20 | other than a natural person which: |
21 | (1) Is a holding company with respect to a corporation |
22 | or other form of business organization which holds or applies |
23 | for a table game license. |
24 | (2) Is a subsidiary with respect to any holding company. |
25 | "Issue," "issued" or "issuance." In the case of an |
26 | application submitted to the Pennsylvania Gaming Control Board |
27 | for qualification and authorization to conduct authorized table |
28 | games in accordance with this act, the terms refer to the date |
29 | on which the Pennsylvania Gaming Control Board approves the |
30 | application and on which the application becomes final, binding |
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1 | and nonappealable and is not subject to a pending legal |
2 | challenge. |
3 | "Junket." An arrangement for which an individual is selected |
4 | or approved for participation on the basis of the individual's |
5 | ability to satisfy a financial qualification or the individual's |
6 | likelihood to participate in gaming, to come to a licensed table |
7 | game facility for the purpose of gaming and pursuant to which, |
8 | and as consideration for which, any or all of the cost of |
9 | transportation, food, lodging and entertainment for the |
10 | individual is directly or indirectly paid by a table game |
11 | licensee or employee or agent thereof. |
12 | "Junket enterprise." Any person, other than the holder of or |
13 | an applicant for a table game license, who employs or otherwise |
14 | engages the services of a junket representative in connection |
15 | with a junket to a table game facility, regardless of whether or |
16 | not those activities occur within this Commonwealth. |
17 | "Junket representative." Any natural person who negotiates |
18 | the terms of or engages in the referral, procurement or |
19 | selection of persons who may participate in any junket to a |
20 | licensed table game facility, regardless of whether or not those |
21 | activities occur within this Commonwealth. |
22 | "License." Any license issued in accordance with or required |
23 | under this act. |
24 | "License or registration fee." Any moneys required under |
25 | this act or by law or regulation to be paid for the issuance or |
26 | renewal of a table game license, a supplier license, a |
27 | manufacturer license, service industry license or any other |
28 | license or registration issued under this act. |
29 | "Licensed entity." A table game licensee, manufacturer |
30 | licensee, supplier licensee, service industry licensee or any |
|
1 | other person licensed by the Pennsylvania Gaming Board under |
2 | this act. |
3 | "Licensed facility." The physical land-based location at |
4 | which a licensed gaming entity is authorized to place and |
5 | operate slot machines pursuant to and in accordance with 4 |
6 | Pa.C.S. Pt. II (relating to gaming) and to conduct and operate |
7 | authorized table games under this act. |
8 | "Licensed gaming entity" or "slot machine licensee." A |
9 | person that holds a slot machine license pursuant to 4 Pa.C.S. |
10 | Pt. II (relating to gaming). |
11 | "Licensed table game entity." A licensed gaming entity that |
12 | has been approved for and that holds a table game license under |
13 | this act. |
14 | "Licensed table game facility." The physical location, |
15 | including areas in an approved hotel, of a licensed facility |
16 | where authorized table games are conducted by a licensed table |
17 | game entity. |
18 | "Licensee." A person who has been approved for and who holds |
19 | a table game license or any other license issued under this act. |
20 | "Manufacturer." A person who manufactures, builds, rebuilds, |
21 | fabricates, assembles, produces, programs, designs or otherwise |
22 | makes modification to table game equipment, apparatuses, devices |
23 | and supplies for use in or play of authorized table games in |
24 | this Commonwealth. |
25 | "Manufacturer license." A license issued by the Pennsylvania |
26 | Gaming Control Board in accordance with this act that authorizes |
27 | a manufacturer to conduct or engage in business with a licensed |
28 | table game entity in this Commonwealth. |
29 | "Manufacturer licensee." A person who has been approved for |
30 | and who holds a manufacturer license. |
|
1 | "Municipality." A county, city, borough, incorporated town |
2 | or township. |
3 | "Occupation permit." A permit authorizing an individual to |
4 | be employed or work as a table game employee at a licensed table |
5 | game facility. |
6 | "Operation." The conduct of authorized table games as |
7 | authorized under this act. |
8 | "Operation certificate." A certificate issued by the |
9 | Pennsylvania Gaming Control Board that certifies that the |
10 | operation of a licensed table game facility conforms to the |
11 | requirements of this act and regulations promulgated pursuant to |
12 | this act. |
13 | "Party." The Pennsylvania Gaming Control Board, the Bureau |
14 | of Investigation and Enforcement or any licensee, permittee, |
15 | registrant, applicant or any person appearing of record for any |
16 | licensee, permittee, registrant or applicant in any proceeding |
17 | before the Pennsylvania Gaming Control Board or in any |
18 | proceeding for judicial review of any action, decision or order |
19 | of the Pennsylvania Gaming Control Board. |
20 | "Patron." A person who plays an authorized table game at a |
21 | licensed table game facility in accordance with this act. |
22 | "Permittee." An individual who holds an occupation permit |
23 | issued in accordance with this act. |
24 | "Person." Any natural person, corporation, foundation, |
25 | organization, business trust, estate, limited liability company, |
26 | licensed corporation, trust, partnership, limited liability |
27 | partnership, association or any other form of legal business |
28 | entity. |
29 | "Principal employee." Any person who is an officer or |
30 | director or who, by reason of remuneration or of a decision- |
|
1 | making position or other criteria as may be established by the |
2 | Pennsylvania Gaming Control Board by regulation, holds or |
3 | exercises authority that, in the judgment of the Pennsylvania |
4 | Gaming Control Board, is sufficiently related to the operation |
5 | of a licensed table game facility so as to require |
6 | qualification. |
7 | "Property." Real property, tangible and intangible personal |
8 | property and rights, claims and franchises of every nature. |
9 | "Publicly traded company." Any corporation or other legal |
10 | entity, except a natural person, to which any of the following |
11 | apply: |
12 | (1) Has one or more classes of security registered |
13 | pursuant to section 12 of the Securities Exchange Act of 1934 |
14 | (48 Stat. 881, 15 U.S.C. § 78a et seq.). |
15 | (2) Is an issuer subject to section 15(d) of the |
16 | Securities Exchange Act of 1934 (48 Stat. 881, 15 U.S.C. § |
17 | 78a et seq.). |
18 | (3) Has one or more classes of securities traded in any |
19 | open market in any foreign jurisdiction or regulated pursuant |
20 | to a statute of any foreign jurisdiction that the |
21 | Pennsylvania Gaming Control Board determines to be |
22 | substantially similar to either or both of the aforementioned |
23 | statutes. |
24 | "Qualification" or "qualified." A determination or finding |
25 | by the Pennsylvania Gaming Control Board that a person, other |
26 | than a person specifically required to obtain a license, permit |
27 | or registration under this act, meets the eligibility |
28 | requirements for a license under this act and the nature of the |
29 | person's employment or association with or ownership interest in |
30 | an applicant or table game licensee will require the person to |
|
1 | qualify for a license under this act. |
2 | "Qualified licensed facility." A licensed facility under 4 |
3 | Pa.C.S. Pt. II (relating to gaming) that is approved by the |
4 | Pennsylvania Gaming Control Board to operate authorized table |
5 | games under this act. |
6 | "Registrant." A person who is registered with the |
7 | Pennsylvania Gaming Control Board pursuant to this act. |
8 | "Registration." Any requirement, other than one that |
9 | requires a license or permit, that requires a person to qualify |
10 | and register as a prerequisite to the conduct of a particular |
11 | business or activity specified in this act. |
12 | "Regulated complimentary service account." An account |
13 | maintained by a table game licensee on a regular basis that |
14 | itemizes complimentary services and includes, without |
15 | limitation, a listing of the cost of junket activities and any |
16 | other service provided by a table game licensee at no cost or at |
17 | a reduced price. |
18 | "Resident." Any individual domiciled and living within this |
19 | Commonwealth having a present intent to remain within this |
20 | Commonwealth for a period of time and manifesting the |
21 | genuineness of that intent by establishing an ongoing physical |
22 | presence within this Commonwealth, together which indicate that |
23 | the individual's presence within this Commonwealth is not merely |
24 | transitory in nature. |
25 | "Restricted table game area" or "restricted area." The |
26 | cashier's cage, the soft count room, the hard count room, the |
27 | interior of table game pits, the surveillance room and catwalk |
28 | areas, and any other area specifically designated by the |
29 | Pennsylvania Gaming Control Board as a restricted area in a |
30 | table game licensee's operation certificate. |
|
1 | "Security." Any instrument evidencing a direct or indirect |
2 | beneficial ownership or creditor interest in a corporation or |
3 | other form of business organization, including, but not limited |
4 | to, common or preferred stock, bonds, mortgages, debentures, |
5 | security agreements, notes, warrants, options and rights. |
6 | "Slot machine license." A license issued to an applicant to |
7 | place and operate slot machines in a licensed facility pursuant |
8 | to 4 Pa.C.S. Pt. II (relating to gaming). |
9 | "Statement of compliance." A statement by the Pennsylvania |
10 | Gaming Control Board that may be issued to an applicant for a |
11 | license under this act that indicates satisfactory completion of |
12 | a particular stage or stages of the application or license |
13 | consideration process, and that states that unless there is a |
14 | change of any material circumstance pertaining to the particular |
15 | stage or stages of license consideration involved in the |
16 | statement, the applicant has complied with the requirements of |
17 | this act for licensure and is therefore approved for license |
18 | qualification to the stage or stages for which the statement has |
19 | been issued. |
20 | "Subsidiary." Any corporation, any significant part of whose |
21 | outstanding equity securities are owned, subject to a power or |
22 | right of control, or held with power to vote, by a holding |
23 | company or an intermediary company or a significant interest in |
24 | a firm, association, partnership, trust or other form of |
25 | business organization, not a natural person, that is owned, |
26 | subject to a power or right of control, or held with power to |
27 | vote, by a holding company or an intermediary company. |
28 | "Supplier." A person who sells, leases, offers for sale or |
29 | otherwise provides, distributes table game devices, equipment, |
30 | apparatuses or supplies or who repairs or services any table |
|
1 | game devices, equipment, apparatus or supplies for use or play |
2 | of authorized table games in this Commonwealth. |
3 | "Supplier license." A license issued by the Pennsylvania |
4 | Gaming Control Board authorizing a supplier to provide products |
5 | or services related to table games to a table game licensee. |
6 | "Supplier licensee." A person who has been approved for and |
7 | issued a supplier license. |
8 | "Table game device," "equipment," "apparatus" or "supplies." |
9 | Any cards, dice, chips, shufflers, tiles, dominoes, wheel, drop |
10 | boxes or any electronic, electrical, mechanical or computerized |
11 | contrivance or device, mechanism, machine, equipment or related |
12 | supplies used or consumed in operation or connection with |
13 | authorized table games at a licensed table game facility. |
14 | "Table game employee." Any natural person employed in the |
15 | operation of a licensed table game facility, including, but not |
16 | limited to, boxmen, dealers or croupiers, floormen, device or |
17 | equipment technicians, security employees, count room personnel, |
18 | cage personnel, collection personnel, surveillance personnel and |
19 | data processing personnel, or any other natural person whose |
20 | employment duties predominantly involve the maintenance or |
21 | operation of table games or table game devices, equipment or |
22 | apparatuses and assets associated therewith or who, in the |
23 | judgment of the Pennsylvania Gaming Control Board, is so |
24 | regularly required to work in a restricted table game area that |
25 | issuance of an occupation permit as a table game employee is |
26 | appropriate. |
27 | "Table game key employee." Any natural person employed in |
28 | the operation of a licensed table game facility in a supervisory |
29 | capacity or empowered to make discretionary decisions that |
30 | govern table game facility operations, including, but not |
|
1 | limited to, pit bosses, shift bosses, credit supervisors, |
2 | cashier supervisors, table game facility managers and assistant |
3 | managers or supervisors of security employees, or any other |
4 | natural person empowered to make discretionary decisions, |
5 | including entertainment directors, and food and beverage |
6 | directors or any other employee designated by the Pennsylvania |
7 | Gaming Control Board for reasons consistent with the policies of |
8 | this act. |
9 | "Table game operations" or "table game activities." The |
10 | exposing for play of one or more authorized table games that are |
11 | dealt, operated, carried on, conducted or maintained for |
12 | commercial gain in a licensed table game facility. |
13 | "Table game service employee." A natural person employed to |
14 | perform services or duties in a licensed table game facility or |
15 | restricted area of the licensed facility but who is not included |
16 | within the definition of "table game employee," "table game key |
17 | employee" or "security employee" as those terms are defined in |
18 | this section. |
19 | "Table game service industry." Any form of enterprise which |
20 | provides applicants or table games licensees with goods or |
21 | services regarding the realty, construction, maintenance, or |
22 | business of a proposed or existing licensed table game facility |
23 | on a regular or continuing basis, including, without limitation, |
24 | junket enterprises, security businesses, gaming schools, garbage |
25 | haulers, maintenance companies, food purveyors, and construction |
26 | companies, or any other such enterprise which purchases goods or |
27 | services from or which does any other business with licensed |
28 | table game facilities on a regular or continuing basis. |
29 | "Table game service industry license." A license issued by |
30 | the Pennsylvania Gaming Control Board in accordance with the |
|
1 | requirements of this act that authorizes a table game service |
2 | industry to conduct or engage in business with a licensed table |
3 | game entity. |
4 | "Table game service industry license licensee." A person who |
5 | has been approved for and issued a table game service industry |
6 | license under this act. |
7 | "Transfer." The sale and every other method, direct or |
8 | indirect, of disposing of or parting with property or with an |
9 | interest in property, or with the possession of property, or of |
10 | fixing a lien upon property or upon an interest in property, |
11 | absolutely or conditionally, voluntarily or involuntarily, by or |
12 | without judicial proceedings, as a conveyance, sale, payment, |
13 | pledge, mortgage, lien, encumbrance, gift, security or |
14 | otherwise. The reduction of a security interest in property |
15 | delivered to a corporation shall be deemed a transfer suffered |
16 | by the corporation. |
17 | "Wager." A sum of money, thing or representative of value |
18 | risked on an uncertain outcome of the play of an authorized |
19 | table game. |
20 | CHAPTER 2 |
21 | TABLE GAMES AUTHORIZED |
22 | Section 201. Authorization to conduct table games. |
23 | Notwithstanding any other provision of law to the contrary, |
24 | the operation of table games and the system of wagering |
25 | associated with table games are hereby authorized to the extent |
26 | that table games are conducted in accordance with this act and |
27 | guidelines, policy statements, rules or regulations adopted and |
28 | promulgated by the board pursuant to this act. |
29 | Section 202. Authorized locations for operation. |
30 | Table games authorized pursuant to this act shall only be |
|
1 | operated by a licensed gaming entity that holds a license to |
2 | conduct slot machine gaming at a licensed facility pursuant to 4 |
3 | Pa.C.S. Pt. II (relating to gaming). |
4 | Section 203. Commencement of table game operations. |
5 | Notwithstanding any provision of this act to the contrary, a |
6 | license to operate authorized table games issued under this act |
7 | shall not be construed to permit the operation of authorized |
8 | table games until one year subsequent to the operation of slot |
9 | machines by a licensed gaming entity at a licensed facility. |
10 | Section 204. Applicability. |
11 | This act and any guidelines, rules or regulations promulgated |
12 | pursuant to this act shall apply to all persons licensed, |
13 | permitted or registered by the board to conduct authorized table |
14 | games or to otherwise participate in table game operations |
15 | authorized under this act. |
16 | CHAPTER 3 |
17 | DUTIES OF BOARD |
18 | Section 301. General powers. |
19 | In addition to general jurisdiction over all gaming and |
20 | related activities conferred upon the board under 4 Pa.C.S. Pt. |
21 | II (relating to gaming), the board shall be responsible for |
22 | ensuring integrity in the conduct, establishment and operation |
23 | of authorized table games and shall have overall jurisdiction |
24 | over every aspect of the authorization, conduct, establishment |
25 | and operation of table games in this Commonwealth. |
26 | Section 302. Powers and duties of board. |
27 | The board shall implement the provisions of this act and |
28 | shall adopt any guidelines or policy statements and promulgate |
29 | any regulations necessary to carry out the provisions of this |
30 | act. The board shall have the duty, without limitation, to: |
|
1 | (1) Hear and decide in reasonable order all applications |
2 | for a table game license, manufacturer license, supplier |
3 | license, table game service industry license, and any other |
4 | license, registration or permit authorized under this act. |
5 | (2) At its discretion issue, approve, renew, revoke, |
6 | suspend, condition or deny issuance or renewal of any |
7 | license, permit or registration or any other qualification |
8 | authorized under this act. The board may deny, revoke, |
9 | condition, suspend or refuse to renew a license, permit or |
10 | registration if it finds that an applicant or a licensee or |
11 | an officer, employee or agent of an applicant or licensee has |
12 | furnished false or misleading information to the board or |
13 | failed to comply with this act or any guidelines, policy |
14 | statements, rules or regulations of the board adopted and |
15 | promulgated pursuant to this act or under 4 Pa.C.S. (relating |
16 | to gaming) and that it would be in the public interest to |
17 | deny, deny the renewal, revoke, condition or suspend the |
18 | license, permit or registration. |
19 | (3) Require background investigations on prospective or |
20 | existing table game licensees, manufacturer licensees, |
21 | supplier licensees, service industry licensees, permittees, |
22 | registrants or other persons holding a controlling interest |
23 | in any prospective or existing licensee, permittee or |
24 | registrant or other person required to be qualified for |
25 | licensure, permitting, registration or qualification under |
26 | this act. |
27 | (4) Receive information from the bureau, the |
28 | Pennsylvania State Police and other law enforcement agencies |
29 | regarding investigations of applications for a license, |
30 | permit, registration or qualification under this act. |
|
1 | (5) Require each applicant for a table game license to |
2 | provide information on whether the applicant has been |
3 | indicted, charged, arrested, convicted, pleaded guilty or |
4 | nolo contendere, forfeited bail concerning or had expunged |
5 | any misdemeanor or felony criminal offense under the laws of |
6 | any jurisdiction, foreign or domestic, not including traffic |
7 | violations, regardless of whether the offense has been |
8 | expunged, pardoned or reversed on appeal or otherwise, |
9 | including the date, the name and location of the court, |
10 | arresting and prosecuting agency, the case caption, the |
11 | docket number, the offense, the disposition and the location |
12 | and length of incarceration. |
13 | (6) Restrict access to confidential information in the |
14 | possession of the board or the bureau which has been obtained |
15 | under this act and assure that the confidentiality of |
16 | information received is maintained and protected. Records |
17 | shall be retained by the board for seven years. |
18 | (7) At its discretion, to suspend, revoke, condition or |
19 | deny the issuance or renewal of any license, permit or |
20 | registration. |
21 | (8) Require each applicant for a license, permit, |
22 | registration or qualification to submit to fingerprinting by |
23 | the Pennsylvania State Police. The Pennsylvania State Police |
24 | shall submit fingerprint images to the Federal Bureau of |
25 | Investigation to verify the identity of the applicant and |
26 | obtain criminal history record information. |
27 | (9) Determine the suitability of table game service |
28 | industries, including junket enterprises, junket |
29 | representatives or any other person who furnishes or seeks to |
30 | furnish to an authorized table game licensee, directly or |
|
1 | indirectly, any goods, service or property related to the |
2 | conduct, play and operation of table games and related |
3 | activities or through any arrangement under which a junket |
4 | enterprise, junket representative or any like person receives |
5 | payment based, directly or indirectly, on earnings, profits |
6 | or receipts from the conduct, play or operation of table |
7 | games. The board may require that a junket enterprise, junket |
8 | representative or like person comply with the requirements of |
9 | this act and the regulations of the board and may prohibit |
10 | the person from furnishing the goods, service or property. |
11 | (10) Conduct all hearings pertaining to administrative |
12 | violations of this act and regulations promulgated under this |
13 | act. |
14 | (11) Collect all application, license, permit and |
15 | registration fees and any other fees established by |
16 | regulation of the board. |
17 | (12) Levy fines, impose sanctions and collect penalties |
18 | for the violation of this act and the regulations promulgated |
19 | under this act. |
20 | (13) Establish times as are necessary for agents of the |
21 | board to be present at a licensed table game facility for the |
22 | purpose of certifying the revenue, receiving complaints from |
23 | the public relating to the conduct of authorized table games, |
24 | examining records of revenues and procedures, and conducting |
25 | periodic reviews of table game and facility operations for |
26 | the purpose of evaluating current performance and compliance |
27 | with the requirements of this act and regulations promulgated |
28 | pursuant to this act. |
29 | (14) Refer to the Pennsylvania State Police or the |
30 | Attorney General for investigation and prosecution of any |
|
1 | evidence of a suspected or alleged violation of this act or |
2 | the regulations promulgated under this act. |
3 | (15) Review and rule upon any complaint by a table game |
4 | licensee regarding any investigative procedure of the bureau |
5 | or the Pennsylvania State Police, that is unnecessarily |
6 | disruptive of table game facility operations. The need to |
7 | inspect and investigate shall be presumed at all times. The |
8 | disruption of a table game licensee's operations shall be |
9 | proved by clear and convincing evidence, such evidence shall |
10 | establish the following: |
11 | (i) The procedures had no reasonable law enforcement |
12 | purpose. |
13 | (ii) The procedures were so disruptive as to |
14 | unreasonably inhibit table game facility operations. The |
15 | board may seek advice from the Attorney General when |
16 | reviewing any investigative procedures or practices of |
17 | the Pennsylvania State Police. |
18 | (16) Prescribe procedures for and require periodic |
19 | financial reporting and internal controls for all table game |
20 | facilities. |
21 | (17) Require each table game licensee to transmit to the |
22 | board quarterly audit reports and an annual audit report of |
23 | the financial condition of the table game licensee's total |
24 | operation. The quarterly audit reports shall be transmitted |
25 | to the board for each of the first three fiscal quarters of |
26 | the licensee's fiscal year and within 30 days of the end of |
27 | each fiscal quarter. The annual report shall be transmitted |
28 | to the board within 30 days following the deadline prescribed |
29 | by the Securities and Exchange Commission for the filing of |
30 | the annual audit report by the Securities and Exchange |
|
1 | Commission. |
2 | (18) Establish and enforce prescribed hours of operation |
3 | of authorized table games, notwithstanding that authorized |
4 | table games may be operated on any day of the year in order |
5 | to meet the needs of patrons and to promote competition. |
6 | (19) Require that each licensed table game entity |
7 | prohibit individuals under 21 years of age from playing or |
8 | participating in the play of authorized table games. |
9 | (20) Require each applicant for a table game license to |
10 | provide detailed site plans of its proposed table game |
11 | facility, which the board shall review and approve to |
12 | determine the adequacy of the proposed internal and external |
13 | security and surveillance measures proposed for the facility. |
14 | Applicants shall cooperate with the board in making any |
15 | board-recommended modifications to the site plans and will |
16 | assure that the site plans, as modified and approved by the |
17 | board, are implemented. |
18 | (21) Require table game licensees to provide onsite |
19 | facilities for use by the board and the bureau and other |
20 | appropriate persons to facilitate their ability to perform |
21 | their respective responsibilities under this act. |
22 | (22) Consult with members of the Pennsylvania State |
23 | Police, the Office of Attorney General and other persons it |
24 | deems necessary for advice regarding various aspects of the |
25 | powers and duties imposed on the board under this act and its |
26 | jurisdiction over the operation of authorized table games at |
27 | licensed facilities. |
28 | (23) Adopt regulations for the conduct of all authorized |
29 | table games proposed to be operated by a table game licensee. |
30 | (24) Investigate applicants for a license, permit or |
|
1 | registration, and other persons to determine qualification |
2 | and eligibility for licensure, permitting and registration. |
3 | (25) Require applicants for the issuance or renewal of a |
4 | table game license, manufacturer license, supplier license or |
5 | service industry license to provide the board with a |
6 | statement listing the names and titles of all public |
7 | officials who, directly or indirectly, own any financial or |
8 | beneficial interest in, are the creditors of or hold any debt |
9 | instrument issued by, or hold or have any interest in any |
10 | contractual or service relationship with the applicant or |
11 | table game licensee, manufacturer licensee, supplier licensee |
12 | or service industry licensee. The list shall be updated |
13 | annually. |
14 | (26) Not issue or renew a license, permit or |
15 | registration unless it is satisfied that the applicant or |
16 | licensee is a person of good character, honesty and integrity |
17 | and is a person whose prior activities, criminal record, if |
18 | any, reputation, habits and associates do not pose a threat |
19 | to the public interest or the effective regulation and |
20 | control of table game operations in this Commonwealth or |
21 | create or enhance the danger of unsuitable, unfair or illegal |
22 | practices, methods and activities in the conduct of table |
23 | game operations or the carrying on of the business and |
24 | financial arrangements incidental to table game operations. |
25 | (27) Submit an annual report of its licensing and |
26 | regulatory activities to the General Assembly by January 31 |
27 | of each year that conforms with the requirements of section |
28 | 305(a). |
29 | (28) Not issue a table game license to a licensed gaming |
30 | entity that is also a holder of a Category 1 slot machine |
|
1 | license if it determines that the licensed gaming entity is |
2 | not in full compliance with any of the following: |
3 | (i) The provisions of its application for a slot |
4 | machine license as approved by the board. |
5 | (ii) The provisions of its application for a |
6 | thoroughbred or harness horse racing license as approved |
7 | by either the State Horse Racing Commission or State |
8 | Harness Racing Commission, as the case may be. |
9 | (iii) The requirements of 4 Pa.C.S. § 1302 (relating |
10 | to Category 1 slot machine license) and section 1303 |
11 | (relating to additional Category 1 slot machine license |
12 | requirements). |
13 | (29) Not issue a table game license to a licensed gaming |
14 | entity if it determines that the licensed gaming entity is |
15 | not in full compliance with the requirements of 4 Pa.C.S. § |
16 | 1325(b) (relating to license or permit issuance). |
17 | Section 303. Regulatory powers. |
18 | The board shall adopt and promulgate regulations to carry out |
19 | the provisions of this act. The regulations shall include |
20 | specific provisions that: |
21 | (1) Prescribe the methods and forms of application that |
22 | an applicant shall follow and complete prior to consideration |
23 | of an application for a license, permit or registration. |
24 | (2) Prescribe the methods, procedures and forms for |
25 | delivery of information that may be required by the board |
26 | under this act. |
27 | (3) Define and limit the areas of operation, the rules |
28 | of authorized games, odds and the method of operation of |
29 | authorized games. |
30 | (4) Prescribe the grounds and procedures for the denial, |
|
1 | revocation, suspension of or refusal to renew licenses, |
2 | permits, registrations or qualifications authorized under |
3 | this act. |
4 | (5) Establish the minimum level of insurance to be |
5 | maintained with respect to a licensed table gaming facility. |
6 | (6) Prescribe standards to govern the conduct of all |
7 | authorized table games. |
8 | (7) Establish standards for table game devices, |
9 | equipment, apparatuses and supplies, including electronic or |
10 | computerized table game devices. |
11 | (8) Establish standards to govern the operation of |
12 | licensed table game facilities, including the maintenance of |
13 | financial books, records and audits. |
14 | (9) Designate appropriate classifications of personnel |
15 | to be employed in the operation of table games at a licensed |
16 | table game facility and establish appropriate licensing, |
17 | registration and permitting standards within each |
18 | classification. |
19 | (10) Regulate the practices and procedures for |
20 | negotiable instrument transactions involving patrons of table |
21 | games, including limitations on the circumstances and amounts |
22 | of the transactions, including credit transactions, and the |
23 | establishment of forms and procedures for negotiable |
24 | instrument transactions, redemptions and consolidations. |
25 | (11) Prescribe for authorized table game operations |
26 | procedures, forms and methods of management controls, |
27 | including employee and supervisory charts or organizational |
28 | structure, alarm and other electrical or visual security |
29 | measures. The board shall grant an applicant a table game |
30 | license discretion concerning the organization and |
|
1 | responsibilities of management personnel who are not directly |
2 | involved in the operation or supervision of authorized table |
3 | games. |
4 | (12) Provide for uniform standards of accountancy |
5 | methods, procedures and forms, a uniform code of accounts and |
6 | accounting classifications and other standard operating |
7 | procedures as may be necessary to ensure consistency, |
8 | comparability and effective disclosure of all financial |
9 | information, including calculations of percentages of profit |
10 | by authorized table games, tables, apparatuses and devices. |
11 | (13) Prescribe the time frame for and the form and |
12 | manner in which the quarterly and annual audit reports shall |
13 | be filed with the board in accordance with section 302(17). |
14 | (14) Prescribe the qualifications of and the conditions |
15 | pursuant to which engineers, accountants, architects or any |
16 | agents or representatives of such persons and others shall be |
17 | permitted to practice before the board or to submit materials |
18 | on behalf of any applicant or licensee, permittee, registrant |
19 | or other person required to be qualified under this act. No |
20 | member of the General Assembly, nor any firm with which a |
21 | member of the General Assembly is associated, shall be |
22 | permitted to appear or practice in any capacity whatsoever |
23 | before the board regarding any matter whatsoever, nor shall |
24 | any immediate family member of an executive level State |
25 | employee or of a member of the General Assembly be permitted |
26 | to so practice or appear in any capacity whatsoever before |
27 | the board regarding any matter whatsoever. |
28 | (15) Provide minimum procedures for the exercise of |
29 | effective control over the internal fiscal affairs of a table |
30 | game licensee, including provisions for the safeguarding of |
|
1 | assets and revenues, the recording of cash and evidence of |
2 | indebtedness, and the maintenance of reliable records, |
3 | accounts, and reports of transactions, operations and events, |
4 | including reports to the board. |
5 | (16) Govern advertising by and the advertisement of |
6 | authorized table games by table game licensees, their |
7 | employees and agents, with the view toward ensuring that |
8 | advertisements are in no way deceptive, misleading or |
9 | designed in a manner to unduly induce, entice or otherwise |
10 | cause a person to play an authorized table game. |
11 | (17) Prescribe the standards and procedures for |
12 | quarterly reporting of professional services information. |
13 | Each holder of a table game license or person acting on |
14 | behalf of a table game licensee shall submit an annual report |
15 | to the board of each entity that furnishes professional |
16 | services to the table game license holder. |
17 | (18) Provide for the establishment of a list of persons |
18 | that a table game licensee may exclude or eject from a |
19 | licensed table game facility, and the establishment of a list |
20 | of persons who may self-exclude themselves from a licensed |
21 | table game facility. The lists authorized in this paragraph |
22 | shall conform with the standards, criteria and requirements |
23 | of 4 Pa.C.S. §§ 1514 (relating to regulation requiring |
24 | exclusion of certain persons), 1515 (relating to repeat |
25 | offenders excludable from licensed gaming facility) and 1516 |
26 | (relating to list of persons self excluded from gaming |
27 | activities). |
28 | (19) Establish any other procedure, standard, condition |
29 | or requirement the board deems necessary to ensure the |
30 | integrity of table game operations and which effectuate the |
|
1 | provisions of this act. |
2 | Section 304. Denials and sanctions. |
3 | (a) General rule.--The board shall ensure, to the extent |
4 | required by this act, that licenses, permits or registrations |
5 | shall not be issued to nor held by, nor shall there be any |
6 | material involvement, directly or indirectly, with the licensed |
7 | table game operation or the ownership of the licensed table game |
8 | operation by unqualified or disqualified persons whose |
9 | operations are conducted in a manner that is inconsistent with |
10 | or do not conform with the requirements of this act or |
11 | regulations promulgated pursuant to this act. |
12 | (b) Enforcement.--In implementing and enforcing this act, |
13 | the board shall have the power and authority to: |
14 | (1) Deny any application for a license, permit, |
15 | registration or qualification. |
16 | (2) Limit, condition or restrict any license, permit, |
17 | registration or approval. |
18 | (3) Suspend or revoke any license, permit, registration |
19 | or approval. |
20 | (4) Impose a penalty on any person licensed, permitted, |
21 | registered or previously qualified for any cause deemed |
22 | reasonable by the board pursuant to regulations promulgated |
23 | by the board. |
24 | (c) Definitions.--As used in this section, the following |
25 | words and phrases shall have the meanings given to them in this |
26 | subsection: |
27 | "Disqualified person." Any person found by the board to be |
28 | disqualified pursuant to the criteria set forth in section |
29 | 602(b). |
30 | "Unqualified person." Any person who is found by the board |
|
1 | to be unqualified pursuant to section 602(a). |
2 | Section 305. Annual report, study and recommendations. |
3 | (a) Annual report required.--Twelve months after the |
4 | commencement of table game operations at licensed table game |
5 | facilities and on January 31 of every calendar year thereafter, |
6 | the board shall make an annual report to the Governor and the |
7 | General Assembly. The report shall be filed with the Governor |
8 | and submitted to the Chief Clerk of the Senate and the Chief |
9 | Clerk of the House of Representatives and to the chairmen of the |
10 | legislative committees that have oversight of gambling-related |
11 | issues on or before January 31 of the year following the year |
12 | that the report covers. The report shall include an account of |
13 | the board's actions, its financial position, the results of |
14 | table game operation under this act and any recommendations for |
15 | legislation that the board considers advisable. The report shall |
16 | also include the information required under subsections (b) and |
17 | (c). The report shall include, but not be limited to, the |
18 | following: |
19 | (1) The number and win per table game at each licensed |
20 | table game facility during the previous year. |
21 | (2) All taxes, fees, fines and other revenue collected |
22 | and revenue disbursed during the previous year. The board |
23 | shall collaborate with the State Treasurer and the department |
24 | to carry out the requirements of this paragraph. |
25 | (3) A descriptive summary of the board's diversity |
26 | activities, including, but not limited to, contracting and |
27 | subcontracting, employment data and recruitment and retention |
28 | programs of the board which are designed to promote and |
29 | ensure diversity. |
30 | (4) A descriptive summary of licensed table game |
|
1 | entities' diversity activities for the previous year, |
2 | including, but not limited to: |
3 | (i) Employment and salary information, including any |
4 | recruitment and retention programs. |
5 | (ii) Minority-owned business enterprises and women- |
6 | owned business enterprises contracting and subcontracting |
7 | data. |
8 | (iii) Minority and women facility ownership and |
9 | participation data. |
10 | (iv) Any other information the board deems |
11 | appropriate. |
12 | (5) Administrative and operational expenses and costs of |
13 | the board. |
14 | (6) Administrative hearings or any other proceedings |
15 | convened by the board relating to the approval, issuance, |
16 | denial, conditioning, renewal or refusal to renew, suspension |
17 | or revocation of a table game license. |
18 | (7) Additional information the board may deem necessary |
19 | and appropriate. |
20 | (b) Report by table game licensee.-- |
21 | (1) Each table game licensee shall annually compile, or |
22 | cause to be compiled, and submit to the board and the General |
23 | Assembly, a report on minors and unauthorized gaming. The |
24 | report shall include the following information for the table |
25 | game facility that the licensee is licensed to operate: |
26 | (i) The number of minors who were denied entry into |
27 | the table game facility. |
28 | (ii) The number of minors who were physically |
29 | escorted from the premises of the table game facility. |
30 | (iii) The number of minors who were detected |
|
1 | participating in gambling games other than slot machines |
2 | and the number of minors who were detected using slot |
3 | machines. |
4 | (iv) The number of minors who were taken into |
5 | custody by a law enforcement agency on the premises of |
6 | the table game facility. |
7 | (v) The number of minors who were detected illegally |
8 | consuming alcohol on the premises of the table game |
9 | facility. |
10 | (vi) The number of disassociated persons who were |
11 | denied entry into the table game facility. |
12 | (vii) A summary of the action taken by the table |
13 | game licensee in resolution of incidents under |
14 | subparagraphs (i), (ii), (iii), (iv), (v) and (vi), |
15 | including any action, resolution or disposition of any |
16 | violations of section 2504. |
17 | (viii) A summary of actions taken and controls |
18 | implemented by the table game licensee to prevent |
19 | facility access by minors and underage gaming. |
20 | (2) As used in this subsection, the term "minor" shall |
21 | mean an individual who is under 21 years of age. |
22 | (c) Recommendations.-- |
23 | (1) The board shall conduct continuous study of the |
24 | operation and administration of gaming laws of other |
25 | jurisdictions, available literature, Federal laws which may |
26 | affect the operation of table games in this Commonwealth, and |
27 | the reaction of Pennsylvanians to existing and potential |
28 | features of authorized table games under this act. In |
29 | conducting such study, it shall be the duty of the board to: |
30 | (i) Determine any defects in this act or in the |
|
1 | regulations promulgated under this act. |
2 | (ii) Compile and submit to the General Assembly |
3 | recommendations for changes in this act to prevent |
4 | abuses, guard against the use of this act as a cloak for |
5 | the carrying on of illegal gambling or other criminal |
6 | activities. |
7 | (iii) Ensure that this act and the regulations |
8 | promulgated under this act shall be in a form and be |
9 | administered to serve the true purposes of this act. |
10 | (2) The board shall report immediately to the Governor |
11 | and the General Assembly any matters which, in its judgment, |
12 | may require immediate changes in the laws of this |
13 | Commonwealth in order to prevent abuses and evasions of this |
14 | act or any regulations promulgated under this act, or to |
15 | rectify undesirable conditions in connection with the |
16 | administration, operation and regulation of authorized table |
17 | games. |
18 | (d) Consolidation of reporting.--Subsequent to its |
19 | submission of the initial annual report under subsection (a), |
20 | the board may consolidate the information required to be |
21 | reported under this section with the annual report it is |
22 | required to submit pursuant to 4 Pa.C.S. § 1211 (relating to |
23 | reports of board). Any consolidated report shall accurately and |
24 | separately reflect the administration, enforcement, operation |
25 | and conduct of authorized table games from the administration, |
26 | enforcement, operation and conduct of slot machine gaming. |
27 | Section 306. Application hearing process. |
28 | The board's consideration and resolution of all applications |
29 | for a license, permit, registration or qualification under this |
30 | act shall be conducted in accordance with procedures adopted by |
|
1 | order of the board. Notwithstanding the requirements of 2 |
2 | Pa.C.S. §§ 504 (relating to hearing and record) and 505 |
3 | (relating to evidence and cross-examination), the procedures |
4 | adopted by order of the board shall provide parties before it |
5 | with a documentary hearing, but the board may, at its |
6 | discretion, resolve disputed material facts without conducting |
7 | an oral hearing when constitutionally permissible. |
8 | Section 307. Board minutes and records. |
9 | The board shall make and keep records of all proceedings held |
10 | at public meetings of the board. A verbatim transcript of public |
11 | meetings of the board shall be prepared by the board upon the |
12 | request of any board member or upon the request of any other |
13 | person and the payment by that person of the costs of |
14 | preparation. |
15 | Section 308. Maintenance of information. |
16 | (a) Applicant information.-- |
17 | (1) The board shall maintain a list of all applicants |
18 | for licenses, permits and registrations under this act |
19 | together with a record of all actions taken with respect to |
20 | the applicants. The list and record shall be open to public |
21 | inspection. |
22 | (2) The applicant information required under paragraph |
23 | (1) relative to any applicant whose license, permit or |
24 | registration is denied, revoked or not renewed by the board |
25 | shall be removed from the list after seven years from the |
26 | date of the denial, revocation or refusal to renew. |
27 | (3) The board shall maintain other files, records and |
28 | information as it may deem necessary and appropriate. |
29 | (b) Confidentiality.--Information obtained in the |
30 | application process in accordance with this act and regulations |
|
1 | promulgated under this act, the report of an applicant's |
2 | background investigation and personal information furnished to |
3 | or obtained by the board, the bureau, the Pennsylvania State |
4 | Police or the Attorney General from any source shall be |
5 | considered confidential and shall be withheld from public |
6 | disclosure in whole and in part, except that any information |
7 | shall be released upon the lawful order of a court of competent |
8 | jurisdiction or, with the approval of the Attorney General, to |
9 | an authorized law enforcement agency or shall be released to the |
10 | public, in whole or in part, to the extent that the release is |
11 | requested by the applicant and does not otherwise contain |
12 | confidential information about another person. The board may not |
13 | require any applicant to waive any confidentiality provided for |
14 | in this subsection as a condition for the approval, issuance or |
15 | renewal of a license, permit or registration or any other action |
16 | of the board. Any person who violates this subsection shall be |
17 | administratively disciplined by discharge, suspension or other |
18 | form of disciplinary action as the board deems appropriate. |
19 | Section 309. Temporary regulations. |
20 | Notwithstanding any other provision of law to the contrary, |
21 | in order to facilitate the prompt implementation of this act, |
22 | the board shall have the power and authority to promulgate, |
23 | adopt and use temporary regulations to implement this act. The |
24 | temporary regulations shall be published in the Pennsylvania |
25 | Bulletin and shall be subject to review pursuant to sections |
26 | 204(b) and 301(10) of the act of October 15, 1980 (P.L.950, |
27 | No.164), known as the Commonwealth Attorneys Act. The temporary |
28 | regulations shall not be subject to sections 201 through 205 of |
29 | the act of July 31, 1968 (P.L.769, No.240), referred to as the |
30 | Commonwealth Documents Law, or the act of June 25, 1982 |
|
1 | (P.L.633, No.181), known as the Regulatory Review Act. The |
2 | temporary regulations promulgated by the board shall be |
3 | effective for a period of not more than three years from the |
4 | effective date of this act or upon the promulgation and |
5 | publication of permanent regulations by the board as generally |
6 | provided by law, if sooner than three years. The authority of |
7 | the board to use temporary regulations shall expire two years |
8 | from the effective date of this act. |
9 | Section 310. Diversity goals and requirements of board. |
10 | (a) Intent.--It is the intent of the General Assembly that |
11 | the board promote and ensure diversity in all aspects of the |
12 | table game activities authorized under this act. The board shall |
13 | work to enhance the representation of diverse groups: |
14 | (1) in the work of the board; |
15 | (2) in the ownership, participation and operation of |
16 | licensed table game entities and licensed table game |
17 | facilities in this Commonwealth; |
18 | (3) through the ownership, participation and operation |
19 | of business enterprises associated with or utilized by |
20 | licensed table game entities and licensed table game |
21 | facilities; and |
22 | (4) through the provision of goods, property and |
23 | services utilized by licensed table game entities under this |
24 | act. |
25 | (b) Investigations.--The board is authorized to investigate |
26 | and conduct an annual audit of each licensed table game entity |
27 | to ascertain whether effective and meaningful action has been |
28 | taken or will be taken to enhance the representation of diverse |
29 | groups: |
30 | (1) In the ownership, participation and operation of |
|
1 | qualified licensed facilities in this Commonwealth. |
2 | (2) Through the ownership and operation of business |
3 | enterprises associated with or utilized by table game |
4 | licensees. |
5 | (3) Through the provision of goods, property and |
6 | services utilized by table game licensees and licensed table |
7 | game facilities. |
8 | (4) Through employment opportunities with qualified |
9 | licensed entities and licensed table game facilities. |
10 | (c) Employment opportunities.--The board shall work to |
11 | promote and ensure that it and applicants for a table game |
12 | license and table game licensees afford equal employment |
13 | opportunity to all prospective employees and to all actual |
14 | employees to be employed by the board, applicant, licensees and |
15 | by contractors, subcontractors, assignees, lessees, agents, |
16 | vendors and suppliers of applicants and licensees. Each |
17 | application for a table game license shall include a written |
18 | guaranty that all contracts and subcontracts entered by the |
19 | applicant contain appropriate provisions by which contractors |
20 | and subcontractors or their assignees agree to afford equal |
21 | employment opportunity to all prospective employees and to all |
22 | actual employees to be employed by the contractor or |
23 | subcontractor in accordance with a plan approved by the board. |
24 | (d) Board required to report.--No later than one year after |
25 | the commencement of authorized table games at licensed table |
26 | game facilities, the board shall include in its first due annual |
27 | report after that date and each annual report thereafter |
28 | submitted in accordance with section 305(a), the activities |
29 | undertaken by licensed table game entities and facilities to |
30 | promote diversity and accord equal employment opportunity in |
|
1 | accordance with subsection (c). The report shall include a |
2 | concise summary of the information reported to the board |
3 | pursuant to section 305(a)(4). |
4 | Section 311. Application appeals. |
5 | The Supreme Court of the Commonwealth of Pennsylvania shall |
6 | be vested with exclusive appellate jurisdiction to consider |
7 | appeals of any final order, determination or decision of the |
8 | board involving the approval, issuance, denial, conditioning or |
9 | renewal of all licensed entity applications. Notwithstanding the |
10 | provisions of 2 Pa.C.S. Ch. 7 Subch. A (relating to judicial |
11 | review of Commonwealth agency action) and 42 Pa.C.S. § 763 |
12 | (relating to direct appeals from government agencies), the |
13 | Supreme Court shall affirm all final orders, determinations or |
14 | decisions of the board involving the approval, issuance, denial, |
15 | conditioning or renewal of all licensed table game entity |
16 | applications unless it shall find that the board committed an |
17 | error of law or that the order, determination or decision of the |
18 | board was arbitrary and there was a capricious disregard of the |
19 | evidence. |
20 | Section 312. Issuance of license, permit or registration. |
21 | (a) Issuance.--In addition to any other criteria provided |
22 | under this act, any applicant for a table game license or for a |
23 | table game supplier, manufacturer, service industry or key |
24 | employee license or any applicant for a license, permit or |
25 | registration or other person that the board approves as |
26 | qualified to receive a license, permit or registration under |
27 | this act shall be issued a license, permit or registration upon |
28 | the payment of any fee required and upon the fulfillment of any |
29 | conditions required by the board or provided for in this act. |
30 | Nothing contained in this act is intended or shall be construed |
|
1 | to create an entitlement to a license, permit or registration by |
2 | any person. A license, permit or registration issued under this |
3 | act is a revocable privilege granted by the Commonwealth and is |
4 | not a property right. The board shall in its sole discretion |
5 | issue, renew, condition or deny a table game license based upon |
6 | the requirements of this act and whether the issuance of a |
7 | license will enhance tourism, economic development or job |
8 | creation, is in the best interests of this Commonwealth and |
9 | advances the purposes of this act. |
10 | (b) Eligibility.--A license, permit or registration shall |
11 | not be granted or renewed unless the board finds that the |
12 | applicant satisfies all of the following criteria: |
13 | (1) The applicant has developed and implemented a |
14 | diversity plan to ensure that all persons are accorded |
15 | equality of opportunity in employment and contracting by the |
16 | applicant, its contractors, subcontractors, assignees, |
17 | lessees, agents, vendors and suppliers pursuant to 4 Pa.C.S. |
18 | § 1325(b)(1) (relating to license or permit issuance). |
19 | (2) The applicant in all other respects is found |
20 | suitable consistent with the laws of this Commonwealth and is |
21 | otherwise qualified to be issued a license, permit or |
22 | registration. |
23 | (c) Additional requirements.--In addition to the eligibility |
24 | requirements otherwise provided in this act, the board may also |
25 | take into account the following factors when considering an |
26 | application for a table game license: |
27 | (1) The location and quality of the proposed table game |
28 | facility, including, but not limited to, road and transit |
29 | access, parking and centrality to market service area. |
30 | (2) The potential for new job creation and economic |
|
1 | development that will result from granting a table game |
2 | license to an applicant. |
3 | (3) The applicant's good faith plan to recruit, train |
4 | and upgrade diversity in all employment classifications in |
5 | the table game facility. |
6 | (4) The applicant's good faith plan for enhancing the |
7 | representation of diverse groups in the operation of its |
8 | table game facility through the ownership and operation of |
9 | business enterprises associated with or utilized by its table |
10 | game facility or through the provision of goods or services |
11 | utilized by its table game facility and through the |
12 | participation in the ownership of the applicant. |
13 | (5) The applicant's good faith effort to ensure that all |
14 | persons are accorded equality of opportunity in employment |
15 | and contracting by it and any contractors, subcontractors, |
16 | assignees, lessees, agents, vendors and suppliers it may |
17 | employ directly or indirectly. |
18 | (6) The history and success of the applicant in |
19 | developing tourism facilities ancillary to gaming development |
20 | if applicable to the applicant. |
21 | (7) The degree to which the applicant presents a plan |
22 | for the project which will likely lead to the creation of |
23 | quality, living-wage jobs and full-time permanent jobs for |
24 | residents of this Commonwealth generally and for residents of |
25 | the host political subdivision particularly. |
26 | (8) The record of the applicant and its developer in |
27 | meeting commitments to local agencies, community-based |
28 | organizations and employees in other locations. |
29 | (9) The degree to which potential adverse effects which |
30 | might result from the project, including costs of meeting the |
|
1 | increased demand for public health care, child care, public |
2 | transportation, affordable housing and social services |
3 | including compulsive and problem gambling programs, will be |
4 | mitigated by the applicant or licensee. |
5 | (10) The record of the applicant and its developer |
6 | regarding compliance with: |
7 | (i) Federal, State and local discrimination, wage |
8 | and hour, disability and occupational and environmental |
9 | health and safety laws. |
10 | (ii) State and local labor relations and employment |
11 | laws. |
12 | (11) The applicant's record in dealing with its |
13 | employees and their representatives at other locations. |
14 | CHAPTER 4 |
15 | FEES, FINES AND PENALTIES |
16 | Section 401. Authority of board; imposition and collection of |
17 | fees, fines and penalties. |
18 | (a) Authority to levy and collect.-- |
19 | (1) The board shall levy and collect fees from |
20 | applicants for a license, permit, registration or |
21 | qualification under this act to assist in funding the |
22 | operations of the board. The fees collected by the board |
23 | shall be deposited in the State Gaming Fund established under |
24 | 4 Pa.C.S. § 1403 (relating to establishment of State Gaming |
25 | Fund and net slot machine revenue distribution). The board |
26 | shall assess and collect fees as follows: |
27 | (i) A person approved by the board for a supplier |
28 | license shall pay a license fee of $25,000 upon the |
29 | issuance of the supplier license and a renewal fee of |
30 | $10,000 for the annual renewal of a supplier license, if |
|
1 | the board approves the renewal. |
2 | (ii) A person approved by the board for a |
3 | manufacturer license shall pay a license fee of $50,000 |
4 | upon the issuance of the manufacturer license and a |
5 | renewal fee of $25,000 for the annual renewal of the |
6 | manufacturer license, if the board approves the renewal. |
7 | (iii) Each application for a supplier license or |
8 | manufacturer license shall be accompanied by a |
9 | nonrefundable application fee of $2,500. The application |
10 | fee shall be used to cover the reasonable and necessary |
11 | costs and expenses incurred by the board in any |
12 | background investigation or proceeding concerning the |
13 | applicant. The applicant shall reimburse the board for |
14 | any additional costs which may be incurred as a result of |
15 | the investigation or proceeding. The board shall refund |
16 | to the applicant any money which is not expended in |
17 | connection with the conduct of the background |
18 | investigation. |
19 | (iv) A person approved by the board for a table game |
20 | service industry license shall pay a license fee of |
21 | $25,000 upon the issuance of the license and a renewal |
22 | fee of $10,000 for the annual renewal of a service |
23 | industry license if the board approves the renewal. Each |
24 | application for a service industry license shall be |
25 | accompanied by a nonrefundable application fee of $2,500. |
26 | The application fee shall be used to cover the reasonable |
27 | and necessary costs and expenses incurred by the board in |
28 | any background investigation or proceeding concerning the |
29 | applicant for license. The applicant shall reimburse the |
30 | board of any additional costs that may be incurred as a |
|
1 | result of the investigation or proceeding. The board |
2 | shall refund to the applicant any money that is not |
3 | expended in the conduct of the background investigation. |
4 | (2) The board shall provide for the assessment and |
5 | collection of fines and penalties for violations of this act |
6 | or regulations promulgated under this act. Fines and |
7 | penalties collected by the board shall be credited for |
8 | deposit to the General Fund. The board by regulation may from |
9 | time to time increase any fee, charge, cost or administrative |
10 | penalty provided in this act by a reasonable amount, except |
11 | that no fee, charge, cost or administrative penalty shall be |
12 | increased until three years subsequent to the effective date |
13 | of this act. |
14 | (3) Notwithstanding any provision of this section to the |
15 | contrary, the board by regulation may establish additional |
16 | fees for the investigation and consideration of applications |
17 | for the issuance and renewal of licenses, permits and |
18 | registrations under this act. The fees shall be payable by |
19 | the applicant, licensee, permittee or registrant. |
20 | (4) The board by regulation may establish fees to recoup |
21 | the costs of services, equipment or other expenses that are |
22 | rendered, utilized or incurred by the bureau, the |
23 | Pennsylvania State Police or the board, including any unusual |
24 | or out-of-pocket expenses directly related to the operation |
25 | of authorized table games or in response to requests arising |
26 | under this act that are unrelated to investigation or |
27 | consideration of applications for the issuance or renewal of |
28 | a license, permit or registration. |
29 | (b) Additional assessment.-- |
30 | (1) In addition to the fees required under subsection |
|
1 | (a), there is hereby imposed an annual assessment that shall |
2 | be paid by each holder of a manufacturer license, supplier |
3 | license and service industry license as provided for in this |
4 | subsection. |
5 | (2) Each licensed manufacturer, licensed supplier and |
6 | licensed service industry that engages in commerce with a |
7 | licensed table game entity in this Commonwealth shall pay an |
8 | annual assessment of $50,000. |
9 | (3) The annual assessment required under this subsection |
10 | shall be paid to the department on or before the date each |
11 | licensed manufacturer, licensed supplier or licensed service |
12 | industry begins to engage in commerce with a licensed table |
13 | game entity in this Commonwealth and annually on that date, |
14 | thereafter. |
15 | (4) The department shall cause the annual assessment to |
16 | be deposited in the fund established under 4 Pa.C.S. § 1509 |
17 | (relating to compulsive and problem gambling program). The |
18 | moneys deposited in the fund shall be used solely for the |
19 | purposes enumerated in Chapter 28 and 4 Pa.C.S. § 1509 and |
20 | shall not be used for any other purpose. |
21 | Section 402. Table game license fee. |
22 | (a) Establishment of fee.--Notwithstanding the licensing fee |
23 | imposed upon applicants for a slot machine license pursuant to 4 |
24 | Pa.C.S. §§ 1209 (relating to slot machine license fee) and 1305 |
25 | (relating to Category 3 slot machine license), and subject to |
26 | the requirements of this act, at the time a table game license |
27 | is issued by the board, a table game license fee in the amount |
28 | of $10,000,000 shall be remitted to the board by each holder of |
29 | a Category 1, Category 2 and Category 3 slot machine license |
30 | that applies for and is approved for a table game license under |
|
1 | this act. The license fees set forth in this section shall be |
2 | remitted upon the issuance of a table game license by the board. |
3 | (b) Renewal fee and term of license.--A table game license, |
4 | upon payment of the license fee established in subsection (a), |
5 | shall be issued for a term of one year, unless suspended or |
6 | revoked by the board. The term for a renewed license shall be |
7 | one year for each of the first two renewal periods succeeding |
8 | the initial issuance of the license. Thereafter, the board may |
9 | by regulation establish a longer renewal period. Each |
10 | application to renew a table game license shall be accompanied |
11 | by an annual license renewal fee of $500,000, except that, if |
12 | the board establishes a longer renewal period, the amount of the |
13 | license renewal fee shall be computed in a manner to reflect the |
14 | longer renewal period. |
15 | Section 403. Deposit of fees. |
16 | The total amount of all license, permit and registration fees |
17 | and any other fees established, imposed and collected by the |
18 | board pursuant to this chapter shall be deposited in the State |
19 | Gaming Fund. The fees authorized and collected in accordance |
20 | with this chapter and so deposited shall be annually |
21 | appropriated to the board by the General Assembly to administer |
22 | this act. |
23 | Section 404. Ability to pay license fee. |
24 | Each applicant for a table game license shall, at the time of |
25 | application, post a bond in the amount of $10,000,000 to |
26 | demonstrate the financial ability of the applicant to pay the |
27 | license fee as established in section 402 if issued a table game |
28 | license by the board. The bond may be furnished in negotiable |
29 | securities, by a surety bond guaranteed by a satisfactory |
30 | guarantor or by an irrevocable letter of credit issued by a |
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1 | banking institution or other lending institution acceptable to |
2 | the board. |
3 | Section 405. Fee on authorized table games. |
4 | (a) Annual fee.--In addition to any other fee imposed under |
5 | this act, there is also hereby imposed an annual license fee of |
6 | $500 upon every authorized table game maintained for use or in |
7 | use in any licensed table game facility in this Commonwealth. |
8 | (b) Date of imposition.--The fee imposed under this section |
9 | shall be imposed as of the first day of July of each year with |
10 | regard to all table games maintained for use or in use on that |
11 | date, and on a pro rata basis thereafter during the year with |
12 | regard to all table games conducted and maintained for use or |
13 | placed in use after July 1. |
14 | (c) Deposit.--Notwithstanding any other provision to the |
15 | contrary, the fee required under this section shall be paid by |
16 | each table game licensee to the department for deposit into the |
17 | compulsive and problem gambling treatment fund established under |
18 | 4 Pa.C.S § 1509 (relating to compulsive and problem gambling |
19 | program) and shall be used for the purposes enumerated in |
20 | Chapter 28 and 4 Pa.C.S. § 1509. |
21 | CHAPTER 5 |
22 | AUTHORIZED LICENSES |
23 | Section 501. Table game licensing requirements. |
24 | (a) General eligibility.--A person who has been approved for |
25 | and issued a license as a licensed gaming entity under 4 Pa.C.S. |
26 | Pt. II (relating to gaming) shall be eligible to apply for a |
27 | table game license in accordance with this act, except that |
28 | nothing contained in this act shall be construed to create an |
29 | entitlement to a table game license by the licensed gaming |
30 | entity or person. The board shall, in its sole discretion, |
|
1 | issue, renew, condition or deny a table game license based upon |
2 | the requirements of this act and whether the issuance of a table |
3 | game license will enhance tourism, including international |
4 | tourism; promote economic development and job creation; is in |
5 | the best interest of the Commonwealth; will advance the |
6 | Commonwealth's regional competitive advantage; and will advance |
7 | the purposes of this act. It shall be the affirmative |
8 | responsibility of each licensed gaming entity to establish by |
9 | clear and convincing evidence all qualifications for a table |
10 | game license, and the qualifications of each person who is |
11 | required to be qualified under this act as well as the |
12 | qualifications of the licensed facility in which the table games |
13 | are to be located and operated. |
14 | (b) Responsibility of persons seeking qualification.--Each |
15 | licensed gaming entity or any other person who must be qualified |
16 | for licensure pursuant to this act shall provide all information |
17 | required under this act and satisfy all requests for information |
18 | pertaining to qualification in the form and manner and at the |
19 | time specified by the board. Applicants for a table game license |
20 | and table game licensees shall waive liability as to the |
21 | Commonwealth of Pennsylvania and its instrumentalities and |
22 | agents for any damages that may result from any disclosure or |
23 | publication in any manner, other than a willfully unlawful |
24 | disclosure or publication of any material or information |
25 | acquired during inquiries, investigations or hearings. The |
26 | following shall apply to licensed gaming entities and other |
27 | persons seeking qualification for a table game license: |
28 | (1) Applicants for a table game license, table game |
29 | licensees, intermediary companies, and holding companies |
30 | shall consent to inspections, searches and seizures and agree |
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1 | to supply handwriting exemplars as may be authorized by this |
2 | act and regulations promulgated under this act. |
3 | (2) Applicants for a table game license, table game |
4 | licensees and any other person required to be qualified under |
5 | this act shall have the continuing duty to provide any |
6 | assistance or information required by the board, the bureau, |
7 | the Pennsylvania State Police or the Attorney General, and to |
8 | cooperate in any inquiry or investigation conducted by the |
9 | board, bureau, Pennsylvania State Police or the Attorney |
10 | General and any inquiry, investigation or hearing conducted |
11 | by the board. If upon issuance of a formal request to answer |
12 | or produce information, evidence or testimony, any applicant, |
13 | licensee or any other person required to be qualified under |
14 | this act refuses to comply, the application, license or |
15 | qualification of the person may be denied or revoked by the |
16 | board. |
17 | (3) No applicant for a table game license or a table |
18 | game licensee shall give or provide, offer to give or |
19 | provide, directly or indirectly, any compensation or reward |
20 | or any percentage or share of the money or property played or |
21 | received through table game operations, except the table game |
22 | license fee and other fees and assessments authorized under |
23 | this act, in consideration for obtaining any license, |
24 | authorization, permission or privilege to participate in any |
25 | way in table game operations. |
26 | (4) Each applicant for a table game license, licensed |
27 | gaming entity or person required to be qualified under this |
28 | act shall be photographed and fingerprinted for |
29 | identification and investigation purposes in accordance with |
30 | procedures established by the board pursuant to this act. The |
|
1 | board may by regulation waive the requirements of this |
2 | paragraph for any person or individual who has satisfied |
3 | these requirements as a condition for licensure and who has |
4 | been issued a license under 4 Pa.C.S. Pt. II within six |
5 | months subsequent to submitting an application for a license |
6 | under 4 Pa.C.S. Pt. II. The regulations promulgated by the |
7 | board pursuant to this paragraph shall set forth the |
8 | conditions or criteria under which photographing and |
9 | fingerprinting may be waived for an applicant or person who |
10 | holds a valid license under 4 Pa.C.S. Pt. II. |
11 | (5) Licensed gaming entities and other persons required |
12 | to be qualified under this act, and persons employed by a |
13 | table game service industry licensed under this act, shall |
14 | inform the board or bureau of any action that they believe or |
15 | reasonably suspect would constitute a violation of this act. |
16 | No person who so informs the board or the bureau shall be |
17 | discriminated against by an applicant for a table game |
18 | license or a table game licensee because of the furnishing of |
19 | the information. |
20 | Section 502. Statement of compliance. |
21 | (a) Issuance.--The board may, in its discretion, issue a |
22 | statement of compliance to a licensed gaming entity or an |
23 | applicant for a table game license or for qualification status |
24 | under this act at any time the board is satisfied that the |
25 | licensed gaming entity or applicant has established by clear and |
26 | convincing evidence that one or more particular eligibility |
27 | criteria have been satisfied. A request for the issuance of a |
28 | statement of compliance under this subsection shall be initiated |
29 | by the licensed gaming entity or applicant filing a petition |
30 | with the board. Before the board initiates an investigation of |
|
1 | the licensed gaming entity or applicant, the board may require |
2 | the licensed gaming entity or applicant to establish, to the |
3 | satisfaction of the board, that the entity or applicant actually |
4 | intends, if found qualified, to engage in the business or |
5 | activity that would require the issuance of the table game |
6 | license or the determination of qualification status under this |
7 | act. |
8 | (b) Petition seeking alternative issuance.--Any person who |
9 | is required to be qualified under this act in order to hold |
10 | securities of a licensed table game entity or any holding or |
11 | intermediary company of a licensed table game entity may, prior |
12 | to acquisition of the securities, request the issuance of a |
13 | statement of compliance by the board that the person is |
14 | qualified to hold the securities. Any request for the issuance |
15 | of a statement of compliance pursuant to this subsection shall |
16 | be initiated by the person filing a petition with the board in |
17 | which the person shall be required to establish that there is a |
18 | reasonable likelihood that, if qualified, the person will obtain |
19 | and hold the securities of the licensed table game entity or any |
20 | holding or intermediary company of the licensed table game |
21 | entity to the extent to require the qualification of the person |
22 | under this act. If the board finds that this reasonable |
23 | likelihood exists, and if the board is satisfied, after |
24 | investigation, that the qualifications of the person have been |
25 | established by clear and convincing evidence, the board may, in |
26 | its discretion, issue a statement of compliance that the person |
27 | is qualified to hold the securities. Any person who requests a |
28 | statement of compliance pursuant to this subsection shall be |
29 | subject to section 501. The person shall pay for the costs of |
30 | all investigations and proceedings in relation to the request |
|
1 | unless the person provides to the board a written agreement |
2 | specifying the licensed table game entity will pay the costs. |
3 | (c) Requirements for corporation.--A statement of compliance |
4 | shall not be issued indicating that an applicant, which is a |
5 | corporation or other form of business organization, has |
6 | established by clear and convincing evidence its good character, |
7 | honesty and integrity unless the chief executive officer, chief |
8 | operating officer and chief financial officer or the functional |
9 | equivalent of each, each director, each person who directly or |
10 | indirectly holds any beneficial interest or ownership interest |
11 | in the applicant, to the extent that the person would be |
12 | required to qualify under 4 Pa.C.S. § 1311 (relating to |
13 | additional slot machine license requirements), if the applicant |
14 | were a holding company or intermediary company of a licensed |
15 | gaming entity and any other person that the board may consider |
16 | appropriate for approval or qualification, would, but for |
17 | residency, individually be qualified for approval as a key |
18 | employee or principal employee under the applicable provisions |
19 | of this act. |
20 | (d) Contents of statement of compliance.--A statement of |
21 | compliance issued under this act shall specify: |
22 | (1) The particular eligibility criteria satisfied by the |
23 | applicant or person. |
24 | (2) The date as of which satisfaction was determined by |
25 | the board. |
26 | (3) The continuing obligation of the applicant or person |
27 | to file any information required by the board as part of any |
28 | application for a table game license or qualification status |
29 | under this act, including information related to the |
30 | eligibility criteria for which the statement of compliance |
|
1 | was issued. |
2 | (4) The obligation of the applicant or person to |
3 | reestablish its satisfaction of the eligibility criteria |
4 | should there be a change in any material fact or circumstance |
5 | that is relevant to the eligibility criteria for which the |
6 | statement of compliance was issued. |
7 | (e) Withdrawal by board.--A statement of compliance issued |
8 | pursuant to this section may be withdrawn by the board if: |
9 | (1) The applicant or person otherwise fails to satisfy |
10 | the eligibility criteria for licensure or qualifications. |
11 | (2) The applicant or person fails to comply with any |
12 | condition imposed by the board. |
13 | (3) The board finds cause to revoke the statement of |
14 | compliance for any other reason. |
15 | (f) Duration.--Notwithstanding any other provision of this |
16 | section, unless otherwise extended by the board upon application |
17 | by the recipient and for good cause shown, any statement of |
18 | compliance issued by the board in accordance with this section |
19 | shall expire 48 months after the date of issuance, unless the |
20 | recipient receives a commitment from the board for the |
21 | reservation of a table game license, in which case the statement |
22 | of compliance shall expire on the same day as the commitment. |
23 | Section 503. Table game license applicant eligibility. |
24 | (a) Requirement to operate.--No licensed gaming entity shall |
25 | operate table games unless all necessary licenses, certificates |
26 | and approvals authorizing the operation of authorized table |
27 | games have been approved and issued by the board in accordance |
28 | with this act. |
29 | (b) Eligibility.--Only the following persons shall be |
30 | eligible to apply for a table game license, and each of the |
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1 | following persons shall be required to hold a slot machine |
2 | license prior to the operation of authorized table games in the |
3 | licensed table game facility with respect to which the table |
4 | game license has been applied for: |
5 | (1) A person who has been approved for a Category 1 slot |
6 | machine license pursuant to 4 Pa.C.S. §§ 1302 (relating to |
7 | Category 1 slot machine license) and 1303 (relating to |
8 | additional Category 1 slot machine requirements), or a person |
9 | who has been issued a slot machine license pursuant to 4 |
10 | Pa.C.S. § 1325 (relating to license or permit issuance). |
11 | (2) A person who has been approved for a Category 2 slot |
12 | machine license pursuant to 4 Pa.C.S. § 1304 (relating to |
13 | Category 2 slot machine license), or who has been issued a |
14 | slot machine license pursuant to 4 Pa.C.S. § 1325. |
15 | (3) A person who has been approved for a Category 3 slot |
16 | machine license pursuant to 4 Pa.C.S. § 1305 (relating to |
17 | Category 3 slot machine license), or who has been issued a |
18 | slot machine license pursuant to 4 Pa.C.S. § 1325. The board |
19 | shall promulgate regulations prescribing the number, kind and |
20 | manner in which authorized table games may be conducted in a |
21 | Class 3 licensed facility or any establishment of a Class 3 |
22 | licensed facility. |
23 | (4) Any person qualified in accordance with the |
24 | requirements of this act who has a written agreement with a |
25 | licensed gaming entity or with an applicant for or holder of |
26 | a slot machine license for the complete management of a |
27 | proposed or existing table game facility. |
28 | (5) Any other person who has control over either a |
29 | licensed facility or the land thereunder or the operation of |
30 | a licensed facility in accordance with the requirements of |
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1 | this act. |
2 | Section 504. Requirements to manage. |
3 | Prior to the operation of a table game facility in this |
4 | Commonwealth, any agreement to lease an approved table game |
5 | facility or the land thereunder and any agreement for the |
6 | management of a table game facility shall be in writing and |
7 | filed with the board. No agreement shall be effective unless |
8 | expressly approved by the board. The board may require that any |
9 | agreement include within its terms provisions reasonably |
10 | necessary to best accomplish the policies of this act. |
11 | Notwithstanding any other provisions of law or regulation to the |
12 | contrary and consistent with the policies of this act: |
13 | (1) The board may determine that any person who does not |
14 | have the ability to exercise any significant control over |
15 | either the licensed table game facility or the operation of |
16 | table games within such table game facility shall not be |
17 | eligible to hold or be required to hold a table game license. |
18 | (2) The board may determine that any owner, lessor or |
19 | lessee of a licensed table game facility or the land |
20 | thereunder who does not own or lease the entire licensed |
21 | facility shall not be eligible to hold or be required to hold |
22 | a table game license. |
23 | (3) The board may require that any person or persons |
24 | eligible to apply for a table game license organize into such |
25 | form or forms of business association as the board shall deem |
26 | necessary or desirable in the circumstances to carry out the |
27 | policies of this act. |
28 | (4) The board may issue separate table game licenses to |
29 | any person eligible to apply for a table game license. |
30 | (5) As to agreements to lease a licensed table game |
|
1 | facility or the land thereunder, unless it expressly and by |
2 | formal vote for good cause determines otherwise, the board |
3 | shall require that each party to the agreement hold either a |
4 | table game license or table game service industry license and |
5 | that the agreement be for a durational term exceeding 30 |
6 | years, concerns 100% of the entire licensed table game |
7 | facility or of the land upon which same is located, and |
8 | include within its terms a buy-out provision conferring upon |
9 | the licensee-lessee that controls the operation of the |
10 | approved licensed table game facility the absolute right to |
11 | purchase for an expressly set forth fixed sum the entire |
12 | interest of the lessor or any person associated with the |
13 | lessor in the licensed table game facility or the land |
14 | thereunder in the event that the lessor or person associated |
15 | with the lessor is found by the board to be unsuitable to be |
16 | associated with the licensed table game facility. |
17 | (6) The board shall not permit an agreement for the |
18 | leasing of a licensed table game facility or the land |
19 | thereunder to provide for the payment of an interest, |
20 | percentage or share of money wagered at the table game |
21 | facility or derived from table game operations or of the |
22 | revenues or profit of the licensed table game facility, |
23 | unless: |
24 | (i) The party receiving payment of the interest, |
25 | percentage or share is a party to the approved lease |
26 | agreement. |
27 | (ii) Each party to the lease agreement holds either |
28 | a table game license or table game service industry |
29 | license. |
30 | (iii) The agreement is for a durational term |
|
1 | exceeding 30 years, concerns a significant portion of the |
2 | entire licensed table game facility or of the land upon |
3 | which the same is located and includes within its terms a |
4 | buy-out provision conforming to the requirements of |
5 | paragraph (5). |
6 | (7) As to agreements for the management of a table game |
7 | facility, the board shall require that: |
8 | (i) Each party to an agreement hold a table game |
9 | license. |
10 | (ii) The party to an agreement who is to manage the |
11 | table game operations own at least 10% of all outstanding |
12 | equity securities of the table game license or of the |
13 | eligible applicant for a table game license, if the |
14 | licensee or applicant is a corporation and the ownership |
15 | of an equivalent interest in the table game licensee or |
16 | in the eligible applicant for a table game license, if |
17 | the applicant is not a corporation. |
18 | (iii) The agreement be for the complete management |
19 | of all table game space in the facility, provide for the |
20 | sole and unrestricted power to direct the table game |
21 | operations of the facility that is the subject of the |
22 | agreement, and be for a durational term that assures |
23 | reasonable continuity, stability and independence in the |
24 | management of the table game operations. |
25 | (8) The board may permit an agreement for the management |
26 | of a licensed table game facility to provide for the payment |
27 | to the managing party of an interest, percentage or share of |
28 | money gambled at all authorized table games or derived from |
29 | table game activity or of revenues or profits of table game |
30 | operations. |
|
1 | (9) Notwithstanding any provision of this act to the |
2 | contrary, the board may permit an agreement between a |
3 | licensed gaming entity and a licensed table game service |
4 | industry for the operation of multifacility progressive slot |
5 | machine systems to provide for the payment to the licensed |
6 | table game service industry of an interest, percentage or |
7 | share of the money derived from the licensed gaming entity's |
8 | share of proceeds from the operation of multifacility |
9 | progressive slot machine systems. |
10 | (10) As to agreements to lease a licensed table game |
11 | facility or the land thereunder, agreements to jointly own a |
12 | table game facility or the land thereunder and agreements for |
13 | the management of table game operations, the board shall |
14 | require that each party to the agreement, except for banking |
15 | or other chartered or licensed lending institutions or any |
16 | subsidiary thereof, or any chartered or licensed life |
17 | insurance company or property and casualty insurance company, |
18 | or the Commonwealth or any agency or instrumentality of the |
19 | Commonwealth or any political subdivision thereof, shall be |
20 | jointly and severally liable for all acts, omissions and |
21 | violations of this act by any party to the agreement |
22 | regardless of actual knowledge of the act, omission or |
23 | violation and notwithstanding any provision of the agreement |
24 | to the contrary. Nothing in this paragraph shall require a |
25 | licensed gaming entity to be jointly and severally liable for |
26 | any acts, omissions or violations of this act committed by a |
27 | table game service industry. |
28 | Section 505. Eligibility of corporations. |
29 | (a) Eligibility.--No corporation shall be eligible to apply |
30 | for a table game license unless: |
|
1 | (1) The corporation is incorporated in this |
2 | Commonwealth, although the corporation may be a wholly or |
3 | partially owned subsidiary of a corporation that is organized |
4 | pursuant to the laws of another state or territory of the |
5 | United States or of a foreign country. |
6 | (2) The corporation maintains an office in the table |
7 | game facility licensed or to be licensed under this act. |
8 | (3) The corporation complies with all the requirements |
9 | of the laws and regulations of this Commonwealth generally |
10 | pertaining to corporations. |
11 | (4) The corporation maintains a ledger in the principal |
12 | office of the corporation in this Commonwealth, which shall |
13 | at all times reflect the current ownership of every class of |
14 | security issued by the corporation and shall be available for |
15 | inspection by the board or the bureau and authorized agents |
16 | of the board or the bureau at all reasonable times without |
17 | notice. |
18 | (5) The corporation maintains all operating accounts |
19 | required by the board in a bank in this Commonwealth, except |
20 | that a table game licensee may establish deposit-only |
21 | accounts in any jurisdiction in order to secure payment of |
22 | any check described in section 1602. |
23 | (6) The corporation includes among the purposes stated |
24 | in its certificate of incorporation the conduct of table |
25 | games or gaming and provides that the certificate of |
26 | incorporation include all provisions required by this act. |
27 | (7) The corporation, if it is not a publicly traded |
28 | corporation, files with the board the adopted corporate |
29 | charter provisions that may be necessary to establish the |
30 | right of prior approval by the board with regard to transfers |
|
1 | of securities, shares and other interests in the applicant |
2 | corporation and, if the corporation is a publicly traded |
3 | corporation, ensures in its corporate charter that any |
4 | securities of the corporation are held subject to the |
5 | condition that if a holder of securities is found to be |
6 | disqualified by the board pursuant to this act, the |
7 | disqualified holder shall dispose of the holder's interest in |
8 | the corporation. Notwithstanding any other provision of law |
9 | or regulation to the contrary, nothing in this paragraph |
10 | shall be deemed to require that any security of the |
11 | corporation bear any legend to this effect. |
12 | (8) The corporation, if not a publicly traded |
13 | corporation, establishes to the satisfaction of the board |
14 | that appropriate charter provisions create the absolute right |
15 | of the nonpublicly traded corporations and companies to |
16 | repurchase at the market price or the purchase price, |
17 | whichever is the lesser, any security, share or other |
18 | interest in the corporation in the event that the board |
19 | disapproves a transfer in accordance with this act. |
20 | (9) Any publicly traded holding, intermediary or |
21 | subsidiary company of the corporation, whether the |
22 | corporation is publicly traded or not, contains in its |
23 | corporate charter the same provisions required under |
24 | paragraph (7) for a publicly traded corporation to be |
25 | eligible to apply for a table game license under this act. |
26 | (10) Any nonpublicly traded holding, intermediary or |
27 | subsidiary company of the corporation, whether the |
28 | corporation is publicly traded or not, establishes to the |
29 | satisfaction of the board that its charter provisions are the |
30 | same as those required under paragraphs (7) and (8) for |
|
1 | nonpublicly traded corporations to be eligible to apply for a |
2 | table game license under this act. |
3 | (b) Earlier approval.--Notwithstanding subsection (a), any |
4 | corporation that had bylaw provisions approved by the board |
5 | prior to the effective date of this act shall have one year from |
6 | the effective date of this act to adopt appropriate charter |
7 | provisions that conform to the requirements of this section. |
8 | Section 506. Restrictions on licensure. |
9 | (a) General rule.--In addition to considering all other |
10 | requirements under this act in deciding whether to approve |
11 | direct or indirect ownership or control of a table game license, |
12 | the board shall consider the impact of any economic |
13 | concentration of that ownership or control. No direct or |
14 | indirect ownership or control shall be approved, and no table |
15 | game license shall be issued or transferred to or held by any |
16 | person or entity if the board determines the approval, issuance, |
17 | transfer or holding will result in undue economic concentration |
18 | in the direct or indirect ownership or control of table game |
19 | operations in this Commonwealth. The board shall by regulation |
20 | develop criteria for determining whether the issuance, transfer |
21 | or holding, directly or indirectly, of a table game license |
22 | would result in undue economic concentration. |
23 | (b) Construction.--For the purpose of this subsection, a |
24 | person shall be considered the holder of a table game license if |
25 | a table game license is issued to the person or if a table game |
26 | license is being held by any holding, intermediary or subsidiary |
27 | company of the person or by any officer, director, key employee |
28 | or principal employee of the person or of any holding, |
29 | intermediary or subsidiary company of the person. |
30 | (c) Definition.--As used in this section, "undue economic |
|
1 | concentration" means that a person or entity would have such |
2 | actual or potential domination of table game operations in this |
3 | Commonwealth as to: |
4 | (1) substantially impede or suppress competition among |
5 | holders of table game licenses; |
6 | (2) adversely impact the economic stability of the |
7 | gaming industry in this Commonwealth; or |
8 | (3) negatively impact the policy purposes of this act, |
9 | including tourism, economic development, benefits to host |
10 | municipalities and State and local revenues. |
11 | CHAPTER 6 |
12 | TABLE GAME LICENSE APPLICATION |
13 | Section 601. Application for table game license. |
14 | (a) Submission of application.--An application for a license |
15 | to operate table games at a licensed facility shall be submitted |
16 | to the board in the form and manner and at the time the board |
17 | requires. A nonrefundable application fee of $2,500 as |
18 | established by regulation of the board shall accompany the |
19 | application. In addition to the requirements of this act, an |
20 | application for a table game license shall be subject to the |
21 | requirements of 4 Pa.C.S § 1308 (relating to applications for |
22 | license or permit). If the applicant is a corporation, |
23 | foundation, organization, business trust, estate, limited |
24 | liability company, trust, partnership, limited partnership, |
25 | association or any other form of business entity, the board |
26 | shall determine the persons whose qualifications are necessary |
27 | as a precondition to the licensing of the applicant. |
28 | (b) Application requirements.--In addition to any other |
29 | requirements under this act, an applicant for a table game |
30 | license shall produce information, documentation and assurances |
|
1 | concerning suitability for a table game license under this act. |
2 | Each applicant shall be subject to the provisions of 4 Pa.C.S. |
3 | Pt. II (relating to gaming), which generally relate to |
4 | licensure, including: |
5 | (1) Section 1309 (relating to slot machine license |
6 | application). |
7 | (2) Section 1310 (relating to slot machine license |
8 | application character requirements). |
9 | (3) Section 1311 (relating to additional slot machine |
10 | license requirements). |
11 | (4) Section 1312 (relating to divestiture of |
12 | disqualifying applicant). |
13 | (5) Section 1313(a), (b), (d) and (e) (relating to slot |
14 | machine license application financial fitness requirements). |
15 | (c) Exception.--The board may waive the requirements of |
16 | subsection (b) for any applicant or licensed gaming entity that |
17 | has been approved for and has been issued a slot machine license |
18 | at least six months prior to the submission of an application |
19 | for a table game license, and who, as a result of the approval |
20 | and issuance, has provided information, documentation and |
21 | assurances as part of the application for a slot machine |
22 | license, provided there has been no material change in the |
23 | submissions. |
24 | (d) Additional requirements for corporate applicant.-- |
25 | (1) In addition to the other information required to be |
26 | provided under this act, an applicant who is a corporation |
27 | seeking a table game license shall provide the following |
28 | information: |
29 | (i) (A) The organization, financial structure and |
30 | nature of all businesses operated by the corporation. |
|
1 | (B) The names and personal employment and |
2 | criminal histories of all officers, directors and |
3 | other principal employees of the corporation. |
4 | (C) The names of all holding, intermediary and |
5 | subsidiary companies of the corporation. |
6 | (D) The organization, financial structure and |
7 | nature of all businesses operated by its holding, |
8 | intermediary and subsidiary companies as the board |
9 | may require, including names and personal employment |
10 | and criminal histories of the officers, directors and |
11 | other principal employees of the corporation and |
12 | companies as the board may require. |
13 | (ii) The rights and privileges acquired by the |
14 | holders of different classes of authorized securities of |
15 | the corporation and companies as the board may require, |
16 | including the names, addresses and amounts held by all |
17 | holders of the securities of the corporation. |
18 | (iii) The terms upon which securities have been or |
19 | are to be offered. |
20 | (iv) The terms and conditions of all outstanding |
21 | loans, mortgages, trust deeds, pledges or any other |
22 | indebtedness or security device utilized by the |
23 | corporation. |
24 | (v) The extent of equity security holding in the |
25 | corporation of all officers, directors and underwriters |
26 | and their remuneration in the form of salary, wages, fees |
27 | or otherwise. |
28 | (vi) The names of persons, other than directors and |
29 | officers, who occupy positions specified by the board or |
30 | whose compensation exceeds an amount determined by the |
|
1 | board and the amount of their compensation. |
2 | (vii) A description of all bonus and profit sharing |
3 | arrangements. |
4 | (viii) Copies of all management and service |
5 | contracts or agreements. |
6 | (ix) A listing of stock options existing or to be |
7 | created. |
8 | (2) If a corporation or other form of business |
9 | organization applying for a table game license is, or if a |
10 | corporation or other form of business organization holding a |
11 | table game license is to become a subsidiary, each holding |
12 | company and each intermediary company with respect thereto, |
13 | as a condition of the subsidiary acquiring or retaining the |
14 | table game license, as the case may be, shall: |
15 | (i) Qualify to do business in this Commonwealth if |
16 | the subsidiary company is not registered as a business |
17 | entity in this Commonwealth. |
18 | (ii) If the applicant is a corporation, register |
19 | with the board and furnish the board with all the |
20 | information required of a corporate licensee pursuant to |
21 | paragraph (1)(i), (ii) and (iii) and any other |
22 | information the board may require. |
23 | (iii) If the applicant is not a corporation, |
24 | register with the board and furnish the board with any |
25 | information the board may require. |
26 | (3) No corporation shall be eligible to hold a table |
27 | game license unless each officer, director, person who |
28 | directly or indirectly holds any beneficial interest or |
29 | ownership of the securities issued by the corporation, person |
30 | who in the opinion of the board has the ability to control |
|
1 | the corporation or elect a majority of the board of directors |
2 | of the corporation, other than banking or other licensed |
3 | lending institution that makes a loan or holds a mortgage or |
4 | other lien acquired in the ordinary course of business, |
5 | principal employee and any lender, underwriter, agent, |
6 | employee of the corporation or other person whom the board |
7 | may consider appropriate for approval or qualification would, |
8 | but for residence, individually be qualified for approval as |
9 | a table game key employee under this act. |
10 | (4) No corporation or other form of business |
11 | organization that is a subsidiary shall be eligible to |
12 | receive or hold a table game license unless each holding and |
13 | intermediary company of the corporation shall: |
14 | (i) If an applicant is a corporation, comply with |
15 | the provisions of paragraph (3) as if the holding or |
16 | intermediary company were itself applying for a license. |
17 | The board may waive compliance with paragraph (3) on the |
18 | part of a holding company as to any officer, director, |
19 | lender, underwriter, agent or employee of the holding |
20 | company or person directly or indirectly holding a |
21 | beneficial interest or ownership of the securities of the |
22 | corporation, if the board is satisfied that the officer, |
23 | director, lender, underwriter, agent or employee is not |
24 | significantly involved in the activities of the corporate |
25 | licensee, and in the case of security holders, does not |
26 | have the ability to control the holding company or elect |
27 | one or more directors of the holding company. |
28 | (ii) If an applicant is not a corporation, comply |
29 | with paragraph (5) as if the company were itself applying |
30 | for a license. The board may waive compliance with the |
|
1 | provisions of paragraph (5) on the part of a noncorporate |
2 | business organization that is a holding company as to any |
3 | person who directly or indirectly holds any beneficial |
4 | interest or ownership in the company, if the board is |
5 | satisfied that the person does not have the ability to |
6 | control the company. |
7 | (5) Any noncorporate applicant for a table game license |
8 | shall provide the information required in paragraph (1) in |
9 | the form and manner that the board requires. A noncorporate |
10 | applicant is not eligible to hold a table game license unless |
11 | each person who directly or indirectly holds a controlling or |
12 | beneficial interest or ownership interest in the applicant, |
13 | or who in the opinion of the board has the ability to control |
14 | the applicant, or who the board may consider appropriate for |
15 | approval or qualification, would, but for residence, |
16 | individually be qualified for approval as a table game key |
17 | employee under this act. |
18 | (6) Notwithstanding paragraphs (3) and (4), and in the |
19 | absence of a prima facie showing by the board that there is |
20 | any cause to believe that an institutional investor may be |
21 | found unqualified, the following shall apply: |
22 | (i) An institutional investor holding either under |
23 | 10% of the equity securities of a licensee's holding or |
24 | intermediary companies or debt securities of a licensee's |
25 | holding or intermediary companies or another subsidiary |
26 | company of a licensee's holding or intermediary companies |
27 | that is related in any way to the financing of the table |
28 | game licensee, where the securities represent a |
29 | percentage of the outstanding debt of the company not |
30 | exceeding 20% or a percentage of any issue of the |
|
1 | outstanding debt of the company not exceeding 50%, shall |
2 | be granted a waiver of qualification if the securities |
3 | are those of a publicly traded corporation and its |
4 | holdings of the securities were purchased for investment |
5 | purposes only and upon request by the board, it files |
6 | with the board a certified statement to the effect that |
7 | it has no intention of influencing or affecting the |
8 | affairs of the issuer, the table game licensee or its |
9 | holding or intermediary companies. An institutional |
10 | investor shall be permitted to vote on matters put to the |
11 | vote of the outstanding security holders. |
12 | (ii) The board may grant a waiver of qualification |
13 | to an institutional investor holding a higher percentage |
14 | of the securities upon a showing of good cause and if the |
15 | conditions specified in subparagraph (i) are met. Any |
16 | institutional investor granted a waiver under this |
17 | paragraph that subsequently determines to influence or |
18 | affect the affairs of the issuer, table game licensee or |
19 | its holding or intermediary companies shall provide not |
20 | less than 30 days' notice of that intent to the board and |
21 | shall file with the board an application for |
22 | qualification under this act before taking any action |
23 | that may influence or affect the affairs of the issuer, |
24 | table game licensee or its holding or intermediary |
25 | companies. The institutional investor shall be permitted |
26 | to vote on matters put to the vote of the outstanding |
27 | security holders. |
28 | (iii) If an institutional investor changes its |
29 | investment intent, or if the board finds reasonable cause |
30 | to believe that the institutional investor may be found |
|
1 | unqualified, no action other than divestiture shall be |
2 | taken by the investor with respect to its security |
3 | holdings until there has been compliance with Chapter 12, |
4 | including the execution of a trust agreement. |
5 | (iv) The table game licensee and its relevant |
6 | holding, intermediary or subsidiary company shall |
7 | immediately notify the board of any information about, or |
8 | actions of, an institutional investor holding its equity |
9 | or debt securities if the information or action could |
10 | impact the eligibility of the institutional investor for |
11 | a waiver pursuant to this paragraph. |
12 | (7) If at any time the board finds that an institutional |
13 | investor holding any security of a holding or intermediary |
14 | company of a table game licensee, or, where relevant, of |
15 | another subsidiary company of a holding or intermediary |
16 | company of a table game licensee that is related in any way |
17 | to the financing of the table game licensee, fails to comply |
18 | with the requirements of paragraph (6), or if at any time the |
19 | board finds that, by reason of the extent or nature of its |
20 | holdings, an institutional investor is in a position to |
21 | exercise such a substantial impact upon the controlling |
22 | interests of a table game licensee that qualification of the |
23 | institutional investor is necessary to protect the public |
24 | interest, the board may, in accordance with the provisions of |
25 | paragraphs (1), (2), (3), (4) and (5) or sections 2102 and |
26 | 2103, take any necessary action to protect the public |
27 | interest, including requiring the institutional investor to |
28 | be qualified under this act. |
29 | Section 602. Disqualification for licensure. |
30 | (a) Disqualification criteria.--The board shall deny a table |
|
1 | game license to any applicant or licensed gaming entity who is |
2 | disqualified based on any of the following criteria: |
3 | (1) Failure of the applicant or licensed gaming entity |
4 | to maintain a slot machine license. |
5 | (2) Failure of the applicant or licensed gaming entity |
6 | to prove by clear and convincing evidence that the applicant |
7 | is qualified for a table game license in accordance with this |
8 | act. |
9 | (3) Failure of the applicant or licensed gaming entity |
10 | to provide information, documentation and assurances required |
11 | by this act or requested by the board, or failure of the |
12 | applicant to reveal any fact material to qualification, or |
13 | the supplying of information that is untrue or misleading as |
14 | to a material fact pertaining to the qualification criteria. |
15 | (4) Contumacious defiance by the applicant or licensed |
16 | gaming entity or any person who is required to be qualified |
17 | under this act of any legislative investigatory body or other |
18 | official investigatory body of this Commonwealth or of any |
19 | other state or of the United States or other jurisdiction |
20 | when that body is engaged in the investigation of crimes |
21 | relating to gambling, official corruption or organized crime |
22 | activity. |
23 | (b) Automatic disqualification.--No applicant for a license, |
24 | permit or registration under this act, including any director, |
25 | owner, principal employee or table game key employee, that has |
26 | been convicted in any jurisdiction of a felony or gambling |
27 | offense within the past 15 years shall be issued a license, |
28 | permit or registration under this act or be found qualified to |
29 | serve in a position with or associated with any table game |
30 | licensee, permittee or registrant. In addition, the board shall |
|
1 | deny a table game license to any applicant or person who is |
2 | automatically disqualified based on the following: |
3 | (1) An attempt to commit or a conviction of the |
4 | applicant, or by any person required to be qualified under |
5 | this act as a condition for the issuance of a table game |
6 | license, for one or more of the following offenses under 18 |
7 | Pa.C.S (relating to crimes and offenses): |
8 | (i) Section 911 (relating to corrupt organizations). |
9 | (ii) Chapter 25 (relating to criminal homicide). |
10 | (iii) Section 2702 (relating to aggravated assault). |
11 | (iv) Chapter 29 (relating to kidnapping). |
12 | (v) Chapter 31 (relating to sexual offenses). |
13 | (vi) Chapter 33 (relating to arson, criminal |
14 | mischief and other property destruction) when the offense |
15 | is graded a felony. |
16 | (vii) Chapter 35 (relating to burglary and other |
17 | criminal intrusion) when the offense is graded a felony. |
18 | (viii) Chapter 37 (relating to robbery). |
19 | (ix) Chapter 39 (relating to theft and related |
20 | offenses). |
21 | (x) Section 4101 (relating to forgery). |
22 | (xi) Section 4108 (relating to commercial bribery |
23 | and breach of duty to act disinterestedly). |
24 | (xii) Section 4109 (relating to rigging publicly |
25 | exhibited contest). |
26 | (xiii) Section 4114 (relating to securing execution |
27 | of documents by deception). |
28 | (xiv) Section 4117 (relating to insurance fraud). |
29 | (xv) Chapter 47 (relating to bribery and corrupt |
30 | influence). |
|
1 | (xvi) Chapter 49 (relating to falsification and |
2 | intimidation). |
3 | (xvii) Section 5111 (relating to dealing in proceeds |
4 | of unlawful activities. |
5 | (xviii) Section 5512 (relating to lotteries, etc.). |
6 | (xix) Section 5513 (relating to gambling devices, |
7 | gambling, etc.). |
8 | (xx) Section 5514 (relating to pool selling and |
9 | bookmaking). |
10 | (xxi) Chapter 59 (relating to public indecency). |
11 | (2) An offense designated as a felony under the act of |
12 | April 14, 1972 (P.L.233, No.64), known as The Controlled |
13 | Substance, Drug, Device and Cosmetic Act. |
14 | (3) An attempt to commit or a conviction for an offense |
15 | in another state or jurisdiction or a Federal offense, that |
16 | is similar in nature to the offenses enumerated in paragraphs |
17 | (1) and (2). |
18 | (4) An attempt to commit or a conviction for any other |
19 | offense under Federal or State law or laws of other states or |
20 | jurisdictions that indicates that licensure of the applicant |
21 | for a table game license or other person required to be |
22 | qualified under this act would be inimical to the policy and |
23 | purpose of this act and to table game operations in this |
24 | Commonwealth. The automatic disqualification requirement of |
25 | this paragraph, at the discretion of the board, shall not |
26 | apply with regard to any conviction that did not occur within |
27 | the 15-year period immediately preceding application for |
28 | licensure and that the applicant demonstrates by clear and |
29 | convincing evidence that the conviction does not justify |
30 | automatic disqualification pursuant to this subsection, or |
|
1 | that the conviction has been the subject of judicial order of |
2 | expungement. |
3 | (5) Current prosecution or pending charges in any |
4 | jurisdiction of the applicant or of any person who is |
5 | required to be qualified under this act as a condition for a |
6 | table game license for any of the offenses enumerated in |
7 | paragraph (1)(i). At the request of the applicant or person |
8 | charged, the board shall defer decision upon the application |
9 | during the pendency of the charge. |
10 | (6) The pursuit of the applicant or any person who is |
11 | required to be qualified under this act as a condition of a |
12 | table game license of economic gain in an occupational manner |
13 | or context that is in violation of the criminal laws of this |
14 | Commonwealth, if the pursuit creates a reasonable belief that |
15 | the participation of the person in table game operations |
16 | would be inimical to the policies of this act or to legalized |
17 | gambling in this Commonwealth. For the purposes of this |
18 | paragraph, "occupational manner or context" shall mean the |
19 | systematic planning, administration, management or execution |
20 | of any activity for financial gain. |
21 | (7) The identification of the applicant or any person |
22 | who is required to be qualified under this act as a condition |
23 | for a table game license as a career offender or a member of |
24 | a career offender cartel or an associate of a career offender |
25 | or career offender cartel in a manner that creates a |
26 | reasonable belief that the association is of a nature as to |
27 | be inimical to the policy of this act and to table game |
28 | operations in this Commonwealth. For the purpose of this |
29 | paragraph, "career offender" means a person whose behavior is |
30 | pursued in an occupational manner or context for the purpose |
|
1 | of economic gain, utilizing methods that are deemed criminal |
2 | violations of the laws of this Commonwealth or of the Federal |
3 | Government, another state or jurisdiction. A "career offender |
4 | cartel" means any group of persons who operate together as |
5 | career offenders. |
6 | (8) The commission by the applicant or any person who is |
7 | required to be qualified under this act as a condition of a |
8 | table game license of any act or acts which would constitute |
9 | an offense under paragraph (1)(i), even if the conduct has |
10 | not been or may not be prosecuted under the criminal laws of |
11 | this Commonwealth or any other jurisdiction or has been |
12 | prosecuted under the criminal laws of this Commonwealth or |
13 | any other jurisdiction and the prosecution has been |
14 | terminated in a manner other than with a conviction. |
15 | Section 603. Order approving or denying table game license and |
16 | investigation. |
17 | (a) Investigation of applicants for table game license.-- |
18 | Notwithstanding any other provision of law to the contrary, the |
19 | following shall apply to the investigation of applicants for a |
20 | table game license or qualification under this act: |
21 | (1) Upon the filing of an application for a table game |
22 | license and supplemental information as the board may |
23 | require, the bureau or Pennsylvania State Police shall |
24 | conduct an investigation into the qualification of the |
25 | applicant. The board may conduct a hearing concerning the |
26 | qualification of the applicant in accordance with the |
27 | requirements of this act and regulations of the board. |
28 | (2) After the investigation and hearing, if a hearing is |
29 | conducted, the board may either deny the application or |
30 | approve the issuance of a table game license to an applicant |
|
1 | whom it determines to be qualified to hold the license. |
2 | (3) When an application is denied, the board shall |
3 | prepare and file an order indicating that the application was |
4 | denied and the general reasons for the denial, and if |
5 | requested by the applicant, the board shall further prepare |
6 | and file a statement of the reasons for the denial, including |
7 | specific findings of facts. |
8 | (4) After an application is submitted to the board, |
9 | final action of the board shall be taken within 90 days after |
10 | completion of all hearings and investigations and the receipt |
11 | of all information required by the board. All investigations, |
12 | hearings and other work of the board related to the review of |
13 | an application for a table game license shall be performed in |
14 | no more than 60 days of the receipt of the application, |
15 | unless the 60-day period is extended by the board due to |
16 | extenuating circumstances or other factors that are not due |
17 | to a neglect or failure of the applicant. |
18 | (b) Issuance of license.--If satisfied that an applicant is |
19 | eligible and qualified to receive a table game license, and upon |
20 | tender of all license and application fees required by this act |
21 | and by regulations of the board, and any bonds that the board |
22 | may require for the faithful performance of all requirements |
23 | imposed by law or regulation, the board shall issue a license |
24 | for an initial term of one year. |
25 | (c) Power of board to reopen.--The board may reopen an |
26 | application for a table game license or a licensing hearing at |
27 | any time upon its motion or upon a request of the bureau or upon |
28 | petition of the Pennsylvania State Police, Office of Attorney |
29 | General or other law enforcement agency. |
30 | Section 604. Renewal of table game license. |
|
1 | (a) Authority to renew.--Subject to the power of the board |
2 | to deny, revoke or suspend a table game license, any table game |
3 | license in force shall be renewed by the board for the next |
4 | succeeding license period upon proper application for renewal by |
5 | the table game licensee and approval of the application by the |
6 | board. Applications to renew a table game license shall be |
7 | accompanied by a license renewal fee of $500,000 and any other |
8 | fees required by regulation of the board. The application for |
9 | renewal of a table game license shall be filed with the board no |
10 | later than 90 days prior to the expiration date of the current |
11 | license. |
12 | (b) Term of renewed license.--The license period for a |
13 | renewed table game license shall be one year for each of the |
14 | first two renewal periods succeeding the initial issuance of the |
15 | license. Thereafter, the board by regulation may establish a |
16 | longer renewal period, which shall not exceed four years, and |
17 | commensurate renewal fees for the issuance of a license for the |
18 | longer renewal period. |
19 | (c) Issuance.--Upon the approval of an application to renew |
20 | a table game license, the board shall issue an appropriate |
21 | renewal certificate or validating device or sticker, which shall |
22 | be attached to the original table game license. The renewal |
23 | certificate or validating device or sticker shall be designed to |
24 | indicate that the table game license has been renewed and the |
25 | period covering the renewal. No renewal certificate or |
26 | validating device or sticker shall be issued until the board |
27 | receives the table game license renewal fee. |
28 | Section 605. Bond. |
29 | Prior to the issuance of a table game license, the applicant |
30 | approved for the table game license shall post a bond in an |
|
1 | amount of not less than $1,000,000 made payable to the |
2 | Commonwealth of Pennsylvania. The bond shall be used to |
3 | guarantee that the table game licensee faithfully makes the |
4 | payments, maintains the books and records, makes the reports, |
5 | and conducts its table game operations in conformance with the |
6 | requirements of this act and the rules and regulations |
7 | promulgated by the board pursuant to this act. The bond may be |
8 | applied by the board to the payment of any unpaid liability of |
9 | the table game licensee under this act. The bond shall not be |
10 | canceled by a surety on less than 30 days' notice in writing to |
11 | the board. If a bond is canceled and the table game licensee |
12 | fails to file a new bond with the board in the required amount |
13 | on or before the effective date of the cancellation, the |
14 | licensee's table game license shall be revoked or suspended by |
15 | the board. The total and aggregate liability of the surety on |
16 | the bond is limited to the amount specified in the bond. The |
17 | bond may be furnished in cash or negotiable securities, by a |
18 | surety bond guaranteed by a satisfactory guarantor, or by an |
19 | irrevocable letter of credit issued by a banking institution of |
20 | this Commonwealth or another jurisdiction acceptable to the |
21 | board. If furnished in cash or negotiable securities, the |
22 | principal shall be placed without restriction at the disposal of |
23 | the board, but any income shall inure to the benefit of the |
24 | table game licensee. In no case shall the bond that may be |
25 | required under this subsection exceed $1,000,000. |
26 | Section 606. Confidentiality of information. |
27 | (a) Confidentiality of information.--All information |
28 | received by the board in the application process from any |
29 | applicant for a license, permit or registration under this act, |
30 | including the report of an applicant's background investigation, |
|
1 | regardless of source, shall be considered confidential and shall |
2 | not be disclosed, in whole or in part, except that the |
3 | information may be released upon the lawful order of a court of |
4 | competent jurisdiction, or with the approval of the Attorney |
5 | General, to an authorized law enforcement agency. Confidential |
6 | information may be released, in whole or in part, to the public |
7 | to the extent that the release is requested by the applicant and |
8 | does not otherwise contain confidential information about |
9 | another person. The board may not require any applicant to waive |
10 | confidentiality provided in this section as a condition for the |
11 | approval and issuance of a table game license or any other |
12 | action of the board. Any person who violates the provisions of |
13 | this section shall be administratively disciplined by discharge, |
14 | suspension or other formal disciplinary action, as the board may |
15 | deem appropriate. |
16 | (b) Notice.--Notice of the contents of any information, |
17 | except to an authorized law enforcement agency pursuant to this |
18 | section, shall be given to any applicant or licensee in a manner |
19 | prescribed by regulation adopted and promulgated by the board. |
20 | (c) Information held by department.--Files, records and |
21 | other information in the possession of the department pertaining |
22 | to licensees shall be made available upon request or otherwise |
23 | to the board, as may be necessary to effectuate the |
24 | administration of this act. |
25 | CHAPTER 7 |
26 | TABLE GAME KEY EMPLOYEE LICENSE |
27 | Section 701. Licensure of table game key employees. |
28 | (a) Licensure required.--No person may be employed by a |
29 | table game licensee as a key employee unless the person is the |
30 | holder of a current and valid table game key employee license |
|
1 | issued by the board in accordance with this chapter. |
2 | (b) Application requirements.--Each applicant for a table |
3 | game key employee license shall, prior to the approval of a key |
4 | employee license, produce information, documentation and |
5 | assurances concerning the following qualification criteria: |
6 | (1) Each applicant for a table game key employee license |
7 | shall produce the information, documentation and assurances |
8 | required to establish by clear and convincing evidence the |
9 | integrity, responsibility and financial stability, if |
10 | applicable, of the person applying for licensure as a key |
11 | employee, including, but not limited to, bank references, |
12 | business and personal income and disbursements schedules, tax |
13 | returns, other reports filed with governmental agencies as |
14 | required by the board and business and personal accounting |
15 | and check records and ledgers. In addition, each applicant |
16 | shall in writing authorize the examination of all bank |
17 | accounts and records as may be deemed necessary by the board. |
18 | (2) Each applicant for a table game key employee license |
19 | shall: |
20 | (i) Produce the information, documentation and |
21 | assurances required to establish by clear and convincing |
22 | evidence the applicant's good character, honesty and |
23 | integrity. The information shall include, but is not |
24 | limited to, data pertaining to family, habits, character, |
25 | reputation, criminal and arrest record, business |
26 | activities, financial affairs and business, professional |
27 | and personal associates, covering at least the ten-year |
28 | period immediately preceding the filing of the |
29 | application for licensure under this act. |
30 | (ii) Inform the bureau of any civil judgments |
|
1 | obtained against the applicant pertaining to antitrust or |
2 | security regulation laws of the Federal Government, of |
3 | this Commonwealth or of any other state or jurisdiction, |
4 | foreign or domestic. |
5 | (iii) Upon request of the bureau, produce letters of |
6 | reference from law enforcement agencies having |
7 | jurisdiction in the applicant's place of residence and |
8 | principal place of business, if applicable. The letters |
9 | of reference shall indicate that the relevant law |
10 | enforcement agencies do not have any pertinent |
11 | information concerning the applicant, or if a law |
12 | enforcement agency does have information pertaining to |
13 | the applicant, the letter of reference shall specify the |
14 | nature of the information. |
15 | (iv) If the applicant has been associated with |
16 | gaming or casino operations in any capacity, position or |
17 | employment in a jurisdiction which permits that activity, |
18 | the applicant, upon request of the bureau, shall produce |
19 | a letter or letters of reference from the gaming or |
20 | casino enforcement or control agency of the other |
21 | jurisdiction. The letter or letters of reference shall |
22 | specify the experience of the agency with the applicant, |
23 | if any, and the applicant's associates and participation |
24 | in the gaming or casino operations of that jurisdiction, |
25 | if any. If no letter or letters of reference are received |
26 | from the appropriate gaming or casino enforcement or |
27 | control agency within 30 days of the applicant's request, |
28 | the applicant may submit to the bureau a statement under |
29 | oath that the applicant is or was during the period that |
30 | the activities were conducted, in good standing with the |
|
1 | gaming or casino enforcement or control agency of the |
2 | jurisdiction, provided that the applicant was or is in |
3 | good standing with the gaming and casino enforcement or |
4 | control agency in the other jurisdiction. |
5 | (v) Be a resident of this Commonwealth prior to the |
6 | issuance of a key employee license. However, upon |
7 | petition by the holder of a table game license, the board |
8 | may waive this residency requirement for any applicant |
9 | whose particular position will require employment outside |
10 | this Commonwealth. |
11 | (vi) Be subject to all the criminal history record |
12 | background investigation and fingerprint requirements of |
13 | 4 Pa.C.S. Pt. II (relating to gaming). |
14 | (c) Waiver.--The board may, on a case-by-case basis, by |
15 | regulation, waive the requirements of subsection (b) for any |
16 | person who has been approved for and who holds a slot machine |
17 | key employee license under 4 Pa.C.S. Pt. II, which license was |
18 | issued by the board within a 24-month period immediately |
19 | preceding the date of application for a table game key employee |
20 | license, unless there have been material changes that |
21 | necessitate, at the discretion of the board upon consultation |
22 | with the bureau, that the requirements of subsection (b) not be |
23 | waived. |
24 | Section 702. Denial of license. |
25 | The board shall deny a key employee license to any applicant |
26 | who is disqualified based on the criteria set forth in section |
27 | 602. |
28 | Section 703. Petition for temporary license. |
29 | Upon petition by a holder of a table game license, the board |
30 | may issue a temporary table game key employee license to an |
|
1 | applicant, provided that: |
2 | (1) The applicant for the key employee license has filed |
3 | a complete application with the board. |
4 | (2) The bureau certifies to the board that the completed |
5 | key employee license application has been in the possession |
6 | of the bureau for at least 15 days. |
7 | (3) The petition for a temporary key employee license |
8 | certifies, and the board finds, that: |
9 | (i) An existing key employee position of the table |
10 | game licensee making the petition is vacant or will |
11 | become vacant within 60 days of the date of the petition. |
12 | (ii) The issuance of a temporary key employee |
13 | license is necessary to fill the vacancy on an emergency |
14 | basis to continue the efficient operation of the table |
15 | game facility. |
16 | (iii) The circumstances supporting the petition for |
17 | a temporary key employee license are extraordinary and |
18 | not designed to circumvent the normal key employee |
19 | licensing procedures under this act. |
20 | CHAPTER 8 |
21 | TABLE GAME EMPLOYEE OCCUPATION PERMIT |
22 | Section 801. Occupation permit required. |
23 | Any person who desires employment as a table game employee in |
24 | a licensed table game facility shall submit an application to |
25 | the board for an occupation permit as a table game employee. No |
26 | person may commence employment as a table game employee unless |
27 | the person is the holder of a current and valid occupation |
28 | permit issued by the board in accordance with the requirements |
29 | of this act. |
30 | Section 802. Requirements for permit. |
|
1 | (a) General rule.--An applicant for a table game employee |
2 | occupation permit shall produce the information, documentation |
3 | and assurances that the board may require. The application for a |
4 | table game employee occupation permit shall include, in addition |
5 | to any other information the board by regulation may require, |
6 | the following: |
7 | (1) The name and home address of the applicant. |
8 | (2) The employment history of the applicant. |
9 | (3) The criminal history record of the applicant, as |
10 | well as the applicant's consent for the Pennsylvania State |
11 | Police to conduct a background investigation. The applicant |
12 | shall bear the cost of the background investigation, |
13 | including all costs for administering and processing the |
14 | background investigation. |
15 | (4) A photograph of the applicant taken no more than |
16 | three months preceding the date of the application for the |
17 | permit. |
18 | (5) A handwriting exemplar of the applicant. |
19 | (6) The details of any casino or gaming license, permit |
20 | or registration granted or denied the applicant in any other |
21 | jurisdiction, and consent for the bureau to obtain copies of |
22 | applications submitted or licenses, permits or registrations |
23 | issued in such other jurisdictions. |
24 | (b) Board action.--Subsequent to the issuance of a table |
25 | game employee occupation permit, the board may revoke, suspend, |
26 | limit, condition or otherwise restrict the permit upon a finding |
27 | that the permittee is disqualified pursuant to the criteria set |
28 | forth in section 602. |
29 | Section 803. Residency. |
30 | The board may require by regulation that all applicants for a |
|
1 | table game employee occupation permit be residents of this |
2 | Commonwealth for a period not to exceed six months immediately |
3 | preceding the issuance of the occupation permit, although |
4 | application may be made prior to the expiration of the required |
5 | period of residency. The board shall by resolution waive the |
6 | required residency period for an applicant upon a showing that |
7 | the residency period would cause undue hardship upon the table |
8 | game licensee that intends to employ the applicant or upon a |
9 | showing of other good cause. |
10 | Section 804. Convictions not basis for denial of permit. |
11 | (a) Considerations.--Notwithstanding section 602 or any |
12 | other provision of law or regulation to the contrary, no |
13 | applicant for a table game employee occupation permit shall be |
14 | denied a permit based on a conviction of any offense enumerated |
15 | in this act as disqualification criteria or the commission of |
16 | any act or acts that would constitute any offense under section |
17 | 602(b) if the applicant has affirmatively demonstrated |
18 | rehabilitation. In determining whether the applicant has |
19 | affirmatively demonstrated rehabilitation, the board shall |
20 | consider the following: |
21 | (1) The conviction would create a reasonable belief that |
22 | the nature of the offense would be inimical to the policy |
23 | purposes of this act and to table game operations and the |
24 | gaming industry in this Commonwealth. |
25 | (2) Issuance of the permit would or would not be in the |
26 | public interest. |
27 | (3) The applicant has affirmatively demonstrated |
28 | rehabilitation. In determining whether the applicant has |
29 | affirmatively demonstrated rehabilitation, the board shall |
30 | consider all of the following: |
|
1 | (i) The nature and duties of the position applied |
2 | for. |
3 | (ii) The nature and seriousness of the offense or |
4 | conduct, including whether the crime, offense or |
5 | conviction is enumerated in section 602(b). |
6 | (iii) The circumstances under which the offense or |
7 | conduct occurred. |
8 | (iv) The date of commission of the offense or |
9 | conduct, provided, however, that no applicant for a table |
10 | game employee occupation permit under this act who has |
11 | been convicted in any jurisdiction, foreign or domestic, |
12 | of a felony or gambling offense within the past 15 years |
13 | shall be issued a table game employee occupation permit |
14 | under this act or be determined qualified to serve as a |
15 | table game employee with any table game licensee. |
16 | (v) The age of the applicant at the time the offense |
17 | or conduct was committed. |
18 | (vi) Whether the offense or conduct was an isolated |
19 | or repeat incident. |
20 | (vii) Any social conditions that may have |
21 | contributed to the offense or conduct. |
22 | (viii) Any evidence of rehabilitation, including |
23 | good conduct in prison or in the community, counseling or |
24 | psychiatric treatment received, acquisition of additional |
25 | academic or vocational schooling, successful |
26 | participation in correctional work-release programs or |
27 | the recommendation of persons who have or have had the |
28 | applicant under supervision, including Federal, State or |
29 | local probation or parole officers. |
30 | (b) List of crimes and offenses.--The board shall establish |
|
1 | a list of crimes, offenses and convictions that would result in |
2 | the automatic disqualification of an applicant for a table game |
3 | occupation permit under this section. In developing the list, |
4 | the board shall consider and determine all of the following: |
5 | (1) Whether the crime or offense is or is not a crime or |
6 | offense enumerated in section 602(b). The crimes and offenses |
7 | enumerated in section 602(b) shall be incorporated in the |
8 | list established by the board under this subsection. |
9 | (2) Whether the crime or offense committed is directly |
10 | or indirectly related to employment positions of the table |
11 | game industry. |
12 | (3) Whether the crime or offense has a direct or |
13 | indirect relationship to table game operations. |
14 | (4) Whether the conviction or disposition would be |
15 | inimical to the policies and purposes of this act, to table |
16 | game operations and the gaming industry in this Commonwealth. |
17 | (c) Responsibility of Pennsylvania State Police.--Whenever |
18 | feasible, the Pennsylvania State Police shall promptly notify |
19 | the board and the bureau in the event that a current or |
20 | prospective table game employee, who was the subject of a |
21 | criminal history record background investigation under this act, |
22 | is arrested for a crime or offense in this Commonwealth or |
23 | another jurisdiction after the date of the initial background |
24 | investigation. The board shall promulgate regulations to govern |
25 | the notification requirements under this subsection and under |
26 | section 904(d). The Pennsylvania State Police shall collaborate |
27 | with the bureau and local law enforcement to carry out the |
28 | requirements of this subsection and section 904(d). |
29 | CHAPTER 9 |
30 | TABLE GAME SERVICE EMPLOYEES |
|
1 | Section 901. Table game service employees registration |
2 | required. |
3 | No person may commence employment as a table game service |
4 | employee unless the person has registered with the board in |
5 | accordance with this chapter. Registration as a table game |
6 | service employee may only be granted by petition of the holder |
7 | of a table game license in accordance with section 905. |
8 | Section 902. Application requirements. |
9 | An applicant for a table game service employee registration |
10 | shall produce information, documentation and assurances as the |
11 | board shall require. In addition to any other information, |
12 | documentation or assurances the board may require, an applicant |
13 | for table game service employee registration shall be subject to |
14 | the table game employee occupation permit requirements under |
15 | section 802. |
16 | Section 903. Residency. |
17 | The board may by regulation require that all applicants for |
18 | table game service employee registration be residents of this |
19 | Commonwealth for a period not to exceed three months immediately |
20 | preceding the issuance of the registration, although application |
21 | may be made prior to the expiration of the required period of |
22 | residency. The board may by resolution waive the required |
23 | residency period for an applicant upon a showing that the |
24 | residency period would cause undue hardship upon the table game |
25 | licensee that intends to employ the applicant or upon a showing |
26 | of other good cause. |
27 | Section 904. Convictions not basis for revocation of |
28 | registration. |
29 | (a) Considerations.--Notwithstanding the provisions of |
30 | section 602 or any other provision of law or regulation to the |
|
1 | contrary, no table game service employee registration shall be |
2 | revoked based on a conviction of an offense in any jurisdiction |
3 | as disqualification criteria or the commission of any act or |
4 | acts that would constitute any offense under section 602(b) if |
5 | the registrant has affirmatively demonstrated rehabilitation. In |
6 | determining whether the applicant has affirmatively demonstrated |
7 | rehabilitation, the board shall consider the following: |
8 | (1) The conviction would create a reasonable belief that |
9 | the nature of the offense would be inimical to the policy |
10 | purposes of this act and to table game operations and the |
11 | gaming industry in this Commonwealth. |
12 | (2) The applicant for registration has affirmatively |
13 | demonstrated rehabilitation. In determining whether the |
14 | applicant has affirmatively demonstrated rehabilitation, the |
15 | board shall consider all of the following: |
16 | (i) The nature and duties of the position applied |
17 | for. |
18 | (ii) The nature and seriousness of the crime, |
19 | offense or conviction, including whether the crime, |
20 | offense or conviction is enumerated in section 602(b). |
21 | (iii) The circumstances under which the offense or |
22 | conduct occurred. |
23 | (iv) The date of the crime, offense or conviction, |
24 | provided, however, that no applicant for table game |
25 | service employee registration under this act who has been |
26 | convicted in any jurisdiction, foreign or domestic, of a |
27 | felony or gambling offense within the past 15 years shall |
28 | be issued a table game service employee registration |
29 | under this act or be determined qualified to serve in a |
30 | position as a table game service employee with any table |
|
1 | game licensee or table game service industry. |
2 | (v) The age of the applicant at the time the crime, |
3 | offense or conduct was committed. |
4 | (vi) Whether the crime, offense or conduct was an |
5 | isolated or repeat incident. |
6 | (vii) Any social conditions that may have |
7 | contributed to the crime, offense or conduct. |
8 | (viii) Any evidence of rehabilitation, including |
9 | good conduct in prison or in the community, counseling or |
10 | psychiatric treatment received, acquisition of additional |
11 | academic or vocational schooling or training, successful |
12 | participation in correctional work-release programs or |
13 | the recommendation of persons who have or have had the |
14 | applicant under supervision, including Federal, State or |
15 | local probation or parole officers. |
16 | (b) Waiver.--The board may waive any disqualification |
17 | criterion of a table game service employee consistent with the |
18 | policy purposes of this act and upon a finding that the interest |
19 | of justice and the public interest so require. |
20 | (c) List of crimes, offenses and convictions.--The board |
21 | shall establish a list of crimes, offenses and convictions that |
22 | would result in the automatic disqualification of an applicant |
23 | for registration under this chapter. In developing the list, the |
24 | board shall consider and determine all of the following: |
25 | (1) Whether the crime, offense or conviction is a crime |
26 | or offense or conviction enumerated in section 602(b). |
27 | (2) Whether the crime or offense committed is directly |
28 | or indirectly related to employment positions of the table |
29 | game industry. |
30 | (3) Whether the crime or offense has a direct or |
|
1 | indirect relationship to table game operation. |
2 | (4) If the crime or offense has no direct or indirect |
3 | relationship, whether the conviction or disposition would be |
4 | inimical to the policies and purposes of this act and to |
5 | table game operations and the gaming industry in this |
6 | Commonwealth. |
7 | (d) Duties of Pennsylvania State Police.--The Pennsylvania |
8 | State Police shall promptly notify the board and the bureau in |
9 | the event that a current or prospective registrant, who was the |
10 | subject of a criminal history record background investigation |
11 | pursuant to this act, is arrested for a crime or offense in this |
12 | Commonwealth or any other jurisdiction after the date of the |
13 | initial background investigation. |
14 | Section 905. Petition for registration. |
15 | Upon petition by the holder of a table game license, table |
16 | game service employee registration may be granted to each |
17 | applicant for registration named in the petition if the petition |
18 | certifies that each applicant for registration that is named in |
19 | the petition has filed with the board and the board has received |
20 | a completed application for table game service employee |
21 | registration. |
22 | Section 906. Registration fee. |
23 | An application for registration as a table game service |
24 | employee shall not be deemed complete unless it is accompanied |
25 | by the registration fee which shall not exceed $250 as |
26 | established by regulation of the board. |
27 | CHAPTER 10 |
28 | TABLE GAME SERVICE INDUSTRY |
29 | Section 1001. Licensure of table game service industry. |
30 | All table game service industries offering goods and services |
|
1 | that directly relate to the conduct or operation of table games, |
2 | including, but not limited to, schools teaching, among other |
3 | things, table game playing or dealing techniques, and security |
4 | services, shall be licensed in accordance with this act prior to |
5 | conducting any business with a table game licensee and employees |
6 | or agents or a table game licensee and, in the case of a school, |
7 | prior to the enrollment of any students or offering of any |
8 | courses to the public whether for compensation or not. However, |
9 | upon a showing of good cause by an applicant for a table game |
10 | license or table game licensee for each business transaction, |
11 | the board may permit an applicant for a table game service |
12 | industry license to conduct or engage in business with the table |
13 | game licensee prior to issuing a license to an applicant for a |
14 | table game service industry license. The board by resolution |
15 | shall set forth any table game service industries that, in |
16 | addition to the industries set forth in this chapter, it may |
17 | require to be licensed under this act. |
18 | Section 1002. Qualifications of table game service industry. |
19 | Each table game service industry, as well as its owners, |
20 | managerial, supervisory and principal employees, if the |
21 | principal employees have responsibility for furnishing services |
22 | to a table game licensee, shall qualify under the standards, |
23 | except residency, established by the board for issuance of a |
24 | table game key employee license under section 701. Each person |
25 | associated with a table game service industry, as determined by |
26 | the board, shall be licensed in accordance with the requirements |
27 | of Chapter 7 and regulations of the board prior to the |
28 | commencement or continuation of any business with a table game |
29 | licensee or employees or agents of a table game licensee. |
30 | Section 1003. Table game service industries. |
|
1 | (a) General rule.--The table game service industry, whether |
2 | or not directly related to table game operations, shall include, |
3 | in addition to any other entity determined by the board to be a |
4 | table game service industry under this act, the following: |
5 | (1) Junket enterprises. |
6 | (2) Suppliers of alcoholic beverages if the suppliers |
7 | are other than the Pennsylvania Liquor Control Board. |
8 | (3) Suppliers of food and nonalcoholic beverages. |
9 | (4) Garbage handlers. |
10 | (5) Vending machine providers. |
11 | (6) Linen suppliers. |
12 | (7) Maintenance companies. |
13 | (8) Shopkeepers located within a licensed facility. |
14 | (9) Bus or limousine services. |
15 | (10) Construction companies. |
16 | (11) Gaming schools contracting with applicants for a |
17 | table game license or table game licensees or their employees |
18 | or agents. |
19 | (b) Exemption.--The board may exempt any person or field of |
20 | commerce from the licensing requirements of this chapter, if the |
21 | person or field of commerce demonstrates the following: |
22 | (1) That it is regulated by an agency of the |
23 | Commonwealth. |
24 | (2) That it will provide goods or services in |
25 | unsubstantial or insignificant amounts or quantities. |
26 | (3) That the goods and services provided in accordance |
27 | with paragraph (2) will be provided for a limited period of |
28 | time not exceeding 30 days. |
29 | (4) That licensing is not deemed necessary in order to |
30 | protect the public interest or to accomplish the policies of |
|
1 | this act. |
2 | Section 1004. Restrictions on exempted persons. |
3 | Upon granting an exemption to a table game service industry |
4 | pursuant to section 1003(b) or at any time after the exemption |
5 | is granted, the board may limit or place restrictions upon the |
6 | exempted table game service industry, as the board may deem |
7 | necessary and in the public interest. The board may require the |
8 | exempted person to cooperate with the board and the bureau, and |
9 | upon request, to provide information in the same manner as |
10 | required of table game service industries licensed pursuant to |
11 | this chapter. No exemption shall be granted unless the table |
12 | game service industry demonstrates that it complies with or will |
13 | comply with the applicable requirements of section 312(b)(1). |
14 | Section 1005. Disqualification. |
15 | The board may refuse to issue or deny an application for a |
16 | table game service industry license to any person who is |
17 | disqualified pursuant to the criteria set forth in section 602. |
18 | Section 1006. Proof of business license and taxes. |
19 | No table game service industry license shall be issued to any |
20 | person unless the person provides proof of valid business |
21 | registration with the Department of State and proof from the |
22 | Department of Revenue, the Internal Revenue Service and local |
23 | taxing authorities that the person has no delinquent Federal, |
24 | State or local tax obligations. |
25 | Section 1007. Subcontractor requirements. |
26 | A table game service industry licensed under this act shall |
27 | require proof, from any subcontractor to a table game service |
28 | industry contract with an applicant for a table game license or |
29 | a table game licensee, of valid business registration with the |
30 | Department of State. Verification information shall be forwarded |
|
1 | by the table game service industry to the Department of State. |
2 | No subcontractor to a table game service industry contract with |
3 | a table game applicant or table game licensee shall be entered |
4 | into by any table game service industry or contractor unless the |
5 | subcontractor first provides proof of valid business |
6 | registration in this Commonwealth. |
7 | CHAPTER 11 |
8 | APPROVAL OR DENIAL OF LICENSE, PERMIT |
9 | OR REGISTRATION |
10 | Section 1101. Investigation. |
11 | Upon the filing of an application for any license, permit or |
12 | registration or any other qualification or approval required |
13 | under this act, other than an application for a table game |
14 | license, and after submission of all supplemental information as |
15 | the board may require, the bureau or the Pennsylvania State |
16 | Police shall conduct investigations into the qualifications of |
17 | the applicant for the license, permit or registration. The board |
18 | shall conduct hearings concerning the qualifications of the |
19 | applicant, in accordance with its regulations, guidelines or |
20 | policies, as may be necessary to determine qualifications for |
21 | the license, permit or registration applied for. |
22 | Section 1102. Issuance or denial of license, permit or |
23 | registration. |
24 | After investigation and hearing, if applicable, for the |
25 | approval of an application for a license, permit or registration |
26 | under this act, the board may either deny the application or |
27 | issue the license, permit or registration to the applicant whom |
28 | it determines to be qualified to hold the license, permit or |
29 | registration. |
30 | Section 1103. Authority to deny application. |
|
1 | The board shall have the authority to deny or refuse to |
2 | approve and issue any application for a license, permit or |
3 | registration submitted to it in accordance with this act. When |
4 | an application for a license, permit or registration is denied |
5 | or refused, the board shall prepare and file an order denying or |
6 | refusing to approve and issue the application for the license, |
7 | permit, registration or qualification with the reasons for the |
8 | denial or refusal set forth in the order. If requested by the |
9 | applicant, the board shall prepare and file a statement of the |
10 | reasons for the denial or refusal, including specific findings |
11 | of fact. |
12 | Section 1104. Issuance and renewal of license, permit or |
13 | registration. |
14 | (a) Issuance and renewal.--A license, permit or |
15 | registration, except a table game license, may be issued and |
16 | renewed as follows: |
17 | (1) Each table game employee occupation permit issued in |
18 | accordance with this act shall be issued for an initial term |
19 | of three years, upon the payment of the initial permit fee. |
20 | The permit, upon the payment of a renewal fee, may be renewed |
21 | at the discretion of the board for subsequent terms of four |
22 | years each. The board shall establish by regulation the |
23 | amount, form, manner and time for payment of subsequent |
24 | permit renewal fees. |
25 | (2) Each table game key employee license and table game |
26 | service industry license required pursuant to the applicable |
27 | provisions of this act shall be issued upon the payment of |
28 | the license fee for an initial term of two years. A table |
29 | game key employee license or service industry license may, |
30 | upon the payment of a renewal fee established by regulation |
|
1 | of the board, be renewed at the discretion of the board for |
2 | subsequent terms of four years each. The board shall |
3 | establish by regulation the form, manner and time for payment |
4 | of subsequent license renewal fees under this paragraph. |
5 | (3) Each table game service employee registration, upon |
6 | issuance and payment of the registration fee established by |
7 | regulation of the board, shall remain in effect unless |
8 | suspended or revoked by the board. |
9 | (b) Authority to condition or restrict.--Upon approval of an |
10 | application for a license, permit or registration, the board may |
11 | limit or place restrictions upon the licensee, permittee or |
12 | registrant as it deems necessary and in the public interest. |
13 | (c) Rehearing.--Notwithstanding any other provision of this |
14 | section, the board may reconsider the issuance of any license, |
15 | permit or registration issued by it under this act at any time |
16 | upon the request of the bureau, the Pennsylvania State Police, |
17 | the Office of Attorney General or any other law enforcement |
18 | agency. |
19 | (d) Fees.--Except as provided in this act, the board, |
20 | through regulation, shall develop any forms, procedures and any |
21 | nonrefundable fees it may deem necessary for the annual renewal |
22 | of any license, permit or registration renewed in accordance |
23 | with the requirements of this act. |
24 | Section 1105. Time for renewal; extension. |
25 | Any license, other than a table game license, and any permit, |
26 | registration or qualification may be renewed upon proper |
27 | application for renewal and the payment of fees in accordance |
28 | with regulations of the board, but in no event later than the |
29 | date of expiration of the current license, permit, registration |
30 | or qualification. Notwithstanding section 1104(a), in order to |
|
1 | facilitate the efficient operation of the board, the board shall |
2 | have the authority upon the payment of any renewal fee the board |
3 | may by regulation require, to extend the period of any license, |
4 | other than a table game license, but in no event shall the |
5 | expiration date be extended for more than two years. |
6 | CHAPTER 12 |
7 | TRANSFERS |
8 | Section 1201. Transfer of property or security. |
9 | (a) Property.--Notwithstanding any other provision of law or |
10 | regulation and except as provided in subsection (b), whenever |
11 | any person contracts to transfer any property relating to an |
12 | existing table game operation, including security holding in a |
13 | table game licensee or holding or intermediary company, under |
14 | circumstances that require that the transferee obtain licensure |
15 | or qualification in accordance with this act, the contract shall |
16 | not specify a closing or settlement date that is earlier than |
17 | 121 days after the submission of a completed application for a |
18 | table game license or qualification to the board. The |
19 | application shall include a fully executed and approved trust |
20 | agreement executed in accordance with the requirements of this |
21 | chapter. Any contract provisions that specify an earlier closing |
22 | or settlement date shall be void for all purposes. Subsequent to |
23 | the earlier of the report of the board on interim authorization |
24 | or 90 days after the timely submission of the completed |
25 | application, but no later than the closing or settlement date, |
26 | the board shall hold a hearing and render a decision on the |
27 | interim authorization of the applicant. If the board grants |
28 | interim authorization, subject to the provisions of this |
29 | chapter, the closing or settlement may occur without |
30 | interruption of table game operations. If the board denies |
|
1 | interim authorization, there shall be no closing or settlement |
2 | until the board makes a determination on the qualification of |
3 | the applicant, and if the board denies qualification, the |
4 | contract shall be terminated for all purposes without liability |
5 | on the part of the transferor. |
6 | (b) Security holders.--Notwithstanding any other provision |
7 | of law or regulation, whenever any person, as a result of a |
8 | transfer of publicly traded securities of a table game licensee |
9 | or a holding or intermediary company or a financing entity of a |
10 | table game licensee, is required to qualify for licensure under |
11 | this act, the person shall: |
12 | (1) Within 30 days after the board determines that |
13 | qualification is required or declines to waive qualification |
14 | or within any additional time as the board may for good cause |
15 | allow, file a completed application for a table game license |
16 | or qualification with the board. The application shall |
17 | include a fully executed and approved trust agreement in |
18 | accordance with section 1203. |
19 | (2) As an alternative, within 120 days after the board |
20 | determines that qualification is required or a waiver of |
21 | qualification is denied, the person shall divest the |
22 | securities as the board may require in order to remove the |
23 | need for qualification. |
24 | (3) If the person divests the securities, notice of the |
25 | decision to divest shall be filed with the board within 30 |
26 | days after the board determines that qualification is |
27 | required or that a waiver of qualification is denied. No |
28 | extension of the time for filing a completed application for |
29 | a table game license shall be granted unless the person |
30 | submits a written acknowledgment of the jurisdiction of the |
|
1 | board and the obligations imposed under this act. |
2 | (c) Timeliness.--If a person required to file an application |
3 | for a table game license under this section fails to do so in a |
4 | timely manner, the failure shall constitute a per se |
5 | disqualification to continue to act as a security holder, and |
6 | the board shall take appropriate action under this act. If a |
7 | person files an application in a timely manner, then, subsequent |
8 | to the earlier report of the board on interim authorization or |
9 | 90 days after submission of the completed application for a |
10 | table game license, but no later than 120 days after the |
11 | submission, the board shall hold a hearing and render a decision |
12 | on the interim authorization of the person. The pendency of |
13 | proceeding under this section shall not prevent the renewal of a |
14 | table game license under this act as long as the person required |
15 | by this section to file an application has complied with the |
16 | requirements of this section and the provisions of this act. |
17 | Section 1202. Request for interim authorization. |
18 | (a) Granting interim authorization.--The board may grant |
19 | interim authorization upon findings by clear and convincing |
20 | evidence of the following: |
21 | (1) That statements of compliance have been issued by |
22 | the board in accordance with this act. |
23 | (2) That the table game facility is a licensed table |
24 | game facility in accordance with the requirements of this |
25 | act. |
26 | (3) That the trustee or trustees have satisfied the |
27 | qualification criteria applicable to a table game key |
28 | employee, except for residency. |
29 | (4) That interim operation will best serve the public |
30 | interest and purposes of this act. |
|
1 | (b) Determination.--The board's consideration of a request |
2 | for interim authorization shall include, but not be limited to, |
3 | consideration of relevant information that may be presented to |
4 | the board by the bureau as the board directs. In responding to a |
5 | request for interim authorization and in determining whether to |
6 | grant the request, the board and the bureau shall not be |
7 | required to disclose any information if disclosure, in the |
8 | judgment of the board, would prejudice or otherwise compromise |
9 | any continuing investigation. |
10 | Section 1203. Trust agreements. |
11 | (a) General rule.--The following shall apply to trust |
12 | agreements: |
13 | (1) Where the applicant is not required to obtain a |
14 | table game license, the trust agreement filed pursuant to |
15 | this section shall transfer and convey all of the applicant's |
16 | present and future right, title and interest in the property |
17 | subject to the trust agreement, including all voting rights |
18 | in securities, to the trustee. |
19 | (2) If the applicant is required to obtain a table game |
20 | license, the trust agreement shall transfer and convey to the |
21 | trustee, if the applicant is a corporation, all outstanding |
22 | equity securities of the corporation, and if the applicant is |
23 | other than a corporation, all outstanding interest in the |
24 | applicant. |
25 | (3) The compensation for the service, costs and expenses |
26 | of the trustee or trustees shall be stated in the trust |
27 | agreement and shall be approved by the board. |
28 | (4) The trust agreement shall, in all instances, contain |
29 | any provision the board may deem necessary and desirable. |
30 | (b) Trust agreement operative; timing.--With respect to an |
|
1 | applicant described in section 1201(b), if the board denies |
2 | interim authorization, it shall order that the trust agreement |
3 | become operative, or take such other action as may be |
4 | appropriate in accordance with section 1201. With respect to all |
5 | applicants under section 1201, if the board grants interim |
6 | authorization, it shall thereafter order that the trust |
7 | agreement become operative at any time it finds reasonable cause |
8 | to believe that the applicant or any person required to be |
9 | qualified in connection with the application may be found |
10 | unqualified. |
11 | (c) Rights and powers of trustee.--While the trust agreement |
12 | remains operative, the trustee shall exercise all rights |
13 | incident to the ownership of the property subject to the trust. |
14 | The trustee shall be vested with all powers, authority and |
15 | duties necessary to the unencumbered exercise of those rights, |
16 | except that the applicant shall have no right to participate in |
17 | the earnings of the licensed table game facility or receive any |
18 | return on its investment or debt security holdings during the |
19 | time the trust is operative. |
20 | (d) Duration of trust agreement.--The trust agreement, once |
21 | operative, shall remain operative until the board finds the |
22 | applicant qualified, or the board finds the applicant |
23 | unqualified and the property subject to the trust is disposed of |
24 | in accordance with subsection (e), except that the applicant may |
25 | request the board to direct the trustee to dispose of the |
26 | property subject to the trust in accordance with subsection (e) |
27 | prior to a finding that the applicant is disqualified. |
28 | (e) Disposition of property subject to trust.--If the board |
29 | denies qualification to a person subject to the provisions of |
30 | this chapter, the trustee shall endeavor and be authorized to |
|
1 | sell, assign, convey or otherwise dispose of all property |
2 | subject to the trust to a person who is appropriately licensed |
3 | or qualified or has obtained interim authorization in accordance |
4 | with section 1202. The disposition of trust property by the |
5 | trustee shall be completed within 120 days of the denial of |
6 | qualification, or within any additional time the board for good |
7 | cause may allow. The proceeds from the disposition of trust |
8 | property shall be distributed to the unqualified applicant only |
9 | in an amount not to exceed the lower of the actual cost of the |
10 | assets to the unqualified applicant or the value of the assets |
11 | calculated as if the investment had been made on the date the |
12 | trust becomes operative. Any proceeds remaining from the |
13 | disposition of trust property in accordance with this subsection |
14 | shall be remitted to the State Treasury for deposit in the fund |
15 | established under 4 Pa.C.S. § 1403 (relating to establishment of |
16 | State Gaming Fund and net slot machine revenue distribution). |
17 | Section 1204. Obligations and responsibilities. |
18 | During the period of interim authorization, the board and the |
19 | bureau shall continue the procedures that are provided in this |
20 | act and the regulations promulgated under this act that are |
21 | necessary for a determination of the qualification of the person |
22 | granted interim authorization. The obligation and |
23 | responsibilities of an applicant for a table game license or a |
24 | table game licensee or person required to be qualified are in no |
25 | way relieved by the granting of interim authorization. |
26 | Section 1205. Time for determining qualification. |
27 | Within nine months after a grant or denial of interim |
28 | authorization, the board shall hold a hearing and render a |
29 | decision on the qualification of an applicant for a table game |
30 | license under this act. The board may extend the period for |
|
1 | determining qualification by one three-month period. |
2 | CHAPTER 13 |
3 | CONDITIONS OF OPERATION |
4 | Section 1301. Operation certificate. |
5 | (a) Operation certificate required.--Notwithstanding the |
6 | approval and issuance of a license to operate table games, no |
7 | licensed table game facility may be open or remain open to the |
8 | public, and no table game activity or operations, except for |
9 | test purposes, may be conducted at the licensed table game |
10 | facility until a valid operation certificate has been issued to |
11 | the applicant or licensee by the board. The board shall issue |
12 | the operation certificate upon a finding that: |
13 | (1) The licensed gaming entity complies in all respects |
14 | with the requirements of this act and will comply with |
15 | regulations promulgated by the board under this act. |
16 | (2) The licensed gaming entity has implemented necessary |
17 | internal and management controls and security precautions for |
18 | the efficient operation and play of table games. |
19 | (3) All employees, where applicable, are licensed, |
20 | permitted or registered by the board for the performance of |
21 | their respective duties. |
22 | (4) The licensed gaming entity is prepared in all |
23 | respects to receive and entertain the public at the licensed |
24 | table game facility. |
25 | (b) Authorized table games.--The operation certificate shall |
26 | include an itemized list by category and number of the |
27 | authorized table games permitted in the particular licensed |
28 | table game facility. The licensed gaming entity shall file, in |
29 | accordance with regulations promulgated by the board, any |
30 | changes in the number of table games authorized for play in its |
|
1 | licensed table game facility, and any changes in the |
2 | configuration of the licensed table game facility with the |
3 | board. The board shall review the changes in configuration for |
4 | compliance with this act and 4 Pa.C.S. Pt. II (relating to |
5 | gaming). No changes in the number of table games authorized for |
6 | play by the board or in the configuration of the table game |
7 | facility shall be made without the approval of the board. |
8 | (c) Duration of certification.--An operation certificate |
9 | shall remain in force and effect unless altered in accordance |
10 | with subsection (b), or revoked, suspended, limited or otherwise |
11 | altered by the board in accordance with this act or regulations |
12 | promulgated by the board. |
13 | Section 1302. Condition of continued operation. |
14 | It shall be an expressed condition of continued operation |
15 | under this act that a licensed gaming entity operating a table |
16 | game facility maintain all books, records and documents |
17 | pertaining to the licensee's table game operation in a manner |
18 | and location within this Commonwealth as approved by the board. |
19 | All books, records and documents related to table game |
20 | operations shall be maintained separate and apart from all |
21 | books, records and documents of the licensed gaming entity's |
22 | slot machine operations, including all books and records |
23 | pertaining to the provision of credit to table game patrons and |
24 | the cashing of checks of table game patrons in accordance with |
25 | Chapter 16. All books, records and documents related to table |
26 | game operations, including records relating to credit, shall be |
27 | immediately available for inspection by the board, the bureau, |
28 | the Pennsylvania State Police or agents of the Attorney General |
29 | during all hours of operation in accordance with regulations |
30 | promulgated by the board and shall be maintained for a period as |
|
1 | the board by regulation may require. |
2 | Section 1303. Hours of operation. |
3 | Each licensed table game facility shall be permitted to |
4 | operate 24 hours a day. Each licensed gaming entity shall file |
5 | with the board a schedule of operating hours prior to the |
6 | issuance of an operation certificate. If the table game licensee |
7 | proposes any change or modification in scheduled operating |
8 | hours, the change or modification shall not be effected until |
9 | the table game licensee files a notice of the new operating |
10 | hours with the board. The filing shall be made 30 days prior to |
11 | the effective date of the proposed change or modification in |
12 | hours of operation. This section shall not be construed to limit |
13 | a table game licensee in opening its table game facility later |
14 | than, or closing its facility earlier than, the times stated in |
15 | its schedule of operating hours. Any change or modification in |
16 | hours of operation shall comply with the requirements of this |
17 | section and with any regulations promulgated by the board |
18 | pertaining to modification of hours of operation. |
19 | CHAPTER 14 |
20 | GAME AND FACILITY REQUIREMENTS |
21 | Section 1401. Authorized table games. |
22 | Nothing in this act shall be construed to permit the |
23 | operation of any table games except the operation and conduct of |
24 | authorized table games in table game areas of a licensed table |
25 | game facility as approved by the board in accordance with this |
26 | act and regulations promulgated by the board pursuant to this |
27 | act. |
28 | Section 1402. Wagers and payoffs. |
29 | All authorized table games shall be conducted and all wagers |
30 | and payoffs of winning wagers shall be made in accordance with |
|
1 | regulations promulgated by the board. The regulations |
2 | promulgated by the board shall establish the limitations as may |
3 | be necessary to assure the vitality of table game operations and |
4 | fair odds to patrons. Notwithstanding any provision of this act |
5 | or regulation of the board, a table game licensee shall set |
6 | minimum and maximum wagers on authorized table games that may be |
7 | adjusted from time to time by the licensee in the normal course |
8 | of table game operations, except that changes in minimum wagers |
9 | at any given table shall not apply to persons already engaged in |
10 | wagering at that table when the minimum wager is changed. |
11 | Section 1403. Information to patrons and players. |
12 | Each table game licensee shall make available in printed form |
13 | to any patron or player, upon request, the complete text of the |
14 | rules of the board regarding authorized table games and the |
15 | conduct of table games, payoffs of winning wagers, an |
16 | approximation of the odds of winning for each wager, and other |
17 | advice to the patron or player as the board may require. Each |
18 | table game licensee shall prominently post within the table game |
19 | area of the licensed table game facility information about table |
20 | game rules, payoffs of winning wagers, the odds of winning for |
21 | each wager, and other advice to the player as the board by |
22 | regulation may require. |
23 | Section 1404. Acceptance of tips. |
24 | A dealer may accept tips or gratuities from a patron at the |
25 | table game at which the dealer is conducting play, subject to |
26 | the provisions of this section. All tips or gratuities shall be |
27 | deposited immediately in a lockbox reserved for that purpose, |
28 | accounted for and placed in a pool for distribution pro rata |
29 | among the dealers. The distribution shall be based upon the |
30 | number of hours each dealer worked during the time period when |
|
1 | the tips or gratuities were collected and deposited. The board |
2 | may permit the establishment of a separate pool for dealers in |
3 | the game of poker or may permit tips or gratuities to be |
4 | retained by individual dealers in the game of poker. |
5 | Section 1405. Table game facility requirements. |
6 | (a) Facility.--Each table game licensee shall arrange its |
7 | table game facility in a manner as to promote optimum security |
8 | of the facility and shall comply in all respects with |
9 | regulations of the board. Each table game facility shall |
10 | include: |
11 | (1) A closed-circuit television system according to |
12 | specifications approved by the board, with access in the |
13 | licensed table game facility to the system or its signal |
14 | provided to the board, the bureau and agents of the board and |
15 | bureau, in accordance with regulations promulgated by the |
16 | board. |
17 | (2) One or more rooms or locations within or about the |
18 | licensed facility approved by the board as table game space. |
19 | (3) Design specifications that ensure that visibility in |
20 | a licensed table game facility is not obstructed in any way |
21 | that could interfere with the ability of the licensee, the |
22 | board or its agents or the bureau or its agents to oversee |
23 | facility operations. |
24 | (b) Count rooms.--Each licensed facility or licensed table |
25 | game facility shall contain a count room or other secure space |
26 | that may be required by the board for the counting and storage |
27 | of cash, coins, tokens and checks received in the conduct of |
28 | authorized table games and for the inspection, counting and |
29 | storage of dice, cards, tiles, dominoes and chips and other |
30 | representatives of value used in the conduct and operation of |
|
1 | authorized table games. |
2 | (c) Gaming tables.--Each gaming table shall be equipped with |
3 | a sign indicating the permissible minimum and maximum wagers of |
4 | the table. It shall be unlawful for a licensee to require any |
5 | wager to be greater than the State minimum or less than the |
6 | State maximum. However, any wager actually made by a patron and |
7 | not rejected by a licensee prior to the commencement of play |
8 | shall be treated as a valid wager. |
9 | Section 1406. Table game devices, apparatus, equipment and |
10 | supplies. |
11 | (a) Limit on location and possession on premises.--Except as |
12 | set forth in subsection (b), the following shall apply to table |
13 | game devices, apparatuses, equipment and supplies: |
14 | (1) No table game devices, apparatuses, equipment or |
15 | supplies shall be possessed, maintained or exhibited by any |
16 | person on the premises of a licensed facility except in the |
17 | licensed facility's table game area or in a restricted area |
18 | used for the inspection, service, repair or storage of the |
19 | devices, apparatuses, equipment or supplies and specifically |
20 | approved and designated for that purpose by the table game |
21 | licensee with the approval of the board. |
22 | (2) Table game devices, apparatuses, equipment or |
23 | supplies, which support the conduct of table game operations |
24 | in a licensed facility but do not permit or require patron |
25 | access, such as computers and other such telecommunications |
26 | equipment, may be possessed and maintained by the table game |
27 | licensee in restricted areas specifically approved and |
28 | designated for that purpose by the board. |
29 | (3) No table game devices, apparatuses, equipment or |
30 | supplies shall be possessed, maintained, exhibited, brought |
|
1 | into or removed from a table game area by any person unless |
2 | the devices, apparatuses, equipment or supplies: |
3 | (i) Are necessary to the conduct of an authorized |
4 | table game. |
5 | (ii) Have permanently affixed, imprinted, impressed |
6 | or engraved thereon an identification number or symbol |
7 | authorized by the board. |
8 | (iii) Are under the exclusive control of the table |
9 | game licensee or employees or agents of the licensee. |
10 | (iv) Are brought into or removed from the table game |
11 | area following 24-hour prior notice given to an |
12 | authorized agent of the board. |
13 | (b) Exception.--Notwithstanding subsection (a), a person |
14 | may, with the prior approval of the board and under terms and |
15 | conditions as may be required by the board, possess, maintain or |
16 | exhibit a table game device, apparatus, equipment or supplies in |
17 | any other area of the licensed facility if the equipment is used |
18 | only for nongaming or exhibition purposes. |
19 | (c) Drop boxes.--All drop boxes and other implements in |
20 | which cash, coins or tokens are deposited at the gaming tables, |
21 | and all areas where drop boxes and other like implements are |
22 | kept while in use, shall be equipped with two locking devices or |
23 | keys. One drop box locking device or key shall be under the |
24 | exclusive control of the board or an agent of the board, and the |
25 | second drop box locking device or key shall be under the |
26 | exclusive control of the table game licensee. The drop boxes and |
27 | other like implements shall not be brought into or removed from |
28 | a table game area or locked or unlocked, except at times, in |
29 | places and according to procedures that the board by regulation |
30 | shall require. |
|
1 | (d) Chips.--All chips used in the play of authorized table |
2 | games shall be of the size and uniform color by denomination as |
3 | the board shall require by regulation. |
4 | Section 1407. Restrictions and prohibitions. |
5 | It shall be unlawful for: |
6 | (1) Any person to exchange or redeem chips for anything |
7 | whatsoever, except for currency, negotiable personal checks, |
8 | negotiable counter checks, other chips, coupons or |
9 | complimentary vouchers distributed by the table game |
10 | licensee. A table game licensee, upon the request of any |
11 | person, shall redeem that licensee's gaming chips surrendered |
12 | by a person in any amount over $300 with a check drawn upon |
13 | the table game licensee's account at any banking institution |
14 | in this Commonwealth or other jurisdiction as approved by the |
15 | board and made payable to that person. |
16 | (2) Any table game licensee or an agent or employee of a |
17 | table game licensee to employ, contract with or use any shill |
18 | or barker to induce or entice, or attempt to induce or |
19 | entice, any person to enter a licensed table game facility or |
20 | play any table game or for any purpose whatsoever. |
21 | (3) A dealer in any authorized table game in which cards |
22 | are dealt, to deal cards by hand or any manner other than |
23 | from a device specifically designed for that purpose, unless |
24 | otherwise permitted under special circumstances as shall be |
25 | defined by regulation of the board. |
26 | (4) Any table game key employee or any person who is |
27 | required to hold a key employee license as a condition of |
28 | employment or qualification to wager in any licensed facility |
29 | in this Commonwealth. |
30 | (5) Any employee, other than an employee who in judgment |
|
1 | of the board is not directly involved with the conduct of |
2 | table game operations, to wager in a licensed table game |
3 | facility in which the employee is employed or in any other |
4 | licensed facility in this Commonwealth that is owned or |
5 | operated by the licensed gaming entity that employs the |
6 | employee. Any employee other than an employee who, in the |
7 | judgment of the board, is not directly involved with the |
8 | conduct of table game operations, shall wait at least 30 days |
9 | following the date on which the employee either leaves |
10 | employment with or is terminated from employment with a table |
11 | game licensee before the employee may gamble in a licensed |
12 | table game facility in which such employee was formerly |
13 | employed or in any other licensed facility in this |
14 | Commonwealth that is owned or operated by the licensed gaming |
15 | entity that employed the employee. |
16 | (6) Any key employee or boxman, floorman, or any other |
17 | employee who serves in a supervisory position to solicit or |
18 | accept, and for any other employee to solicit, any tip or |
19 | gratuity from any player or patron at the licensed table game |
20 | facility where the employee is employed. |
21 | Section 1408. Density requirement. |
22 | The board shall, by regulation, determine the permissible |
23 | number and density of table games in a licensed table game |
24 | facility. An applicant for or a person issued a license to |
25 | operate table games under this act shall limit the density of |
26 | the table game facility to no more than 30% of the total gaming |
27 | floor space in the licensed facility. It is the intent of the |
28 | General Assembly that 70% of the gaming floor space be dedicated |
29 | to slot machine gaming and 30% of the gaming floor space be |
30 | dedicated to the operation of authorized table games. The |
|
1 | regulations promulgated by the board that determines the |
2 | permissible number and density of authorized table games in a |
3 | licensed table game facility shall provide that all floor space |
4 | in the licensed facility, except for floor space in an approved |
5 | hotel, shall be included in any calculation of the permissible |
6 | number and density of authorized table games in a licensed |
7 | facility. |
8 | Section 1409. Approved hotels. |
9 | (a) Authority to determine suitability and approve.--Nothing |
10 | in this act shall be construed to limit the authority of the |
11 | board to determine the suitability of and to approve a hotel for |
12 | the conduct and operation of authorized table games if the hotel |
13 | is designed architecturally to be physically connected to a |
14 | Category 1 or Category 2 licensed facility as authorized under 4 |
15 | Pa.C.S. §§ 1302 (relating to Category 1 slot machine license), |
16 | 1303 (relating to additional Category 1 slot machine license |
17 | requirements) and 1304 (relating to Category 2 slot machine |
18 | license) and meets the requirements of this section. The board |
19 | shall determine the suitability of a hotel for the conduct and |
20 | operation of authorized table games and the areas of the hotel |
21 | in which table games shall be conducted and operated on a case- |
22 | by-case basis in accordance with the requirements of this |
23 | section. |
24 | (b) Requirements for approval.--The following criteria shall |
25 | be used by the board to determine suitability and approve a |
26 | hotel for the conduct and operation of authorized table games: |
27 | (1) The approved hotel shall be a single building or two |
28 | or more buildings that are physically connected in a manner |
29 | deemed appropriate and approved by the board. |
30 | (2) The approved hotel shall consist of at least 350 |
|
1 | qualifying sleeping units or a lesser number as established |
2 | by the board, except that any lesser number shall not be |
3 | lower than 300 sleeping units. |
4 | (3) The approved hotel shall consist of meeting rooms, |
5 | banquet rooms, restaurants, exhibition space, shops and |
6 | parking areas. |
7 | (4) The total square footage of the approved hotel shall |
8 | not be lower than the minimum square footage established by |
9 | regulations of the board. |
10 | (5) Architectural designs and specifications for the |
11 | construction of the approved hotel are included in the |
12 | application for a table game license. |
13 | (c) Certification after approval.--After a hotel is |
14 | initially approved, the board shall thereafter rely on the |
15 | certification of the table game licensee with regard to the |
16 | number of qualifying sleeping units and shall permit |
17 | replacement, rehabilitation, renovation and alteration of any |
18 | part of the approved hotel even if the replacement, |
19 | rehabilitation, renovation or alteration will result temporarily |
20 | in a lower number of qualifying sleeping units, provided that |
21 | the table game licensee certifies that the replacement, |
22 | rehabilitation, renovation or alteration shall be completed |
23 | within one year or other reasonable period of time as approved |
24 | by the board. |
25 | (d) No additional requirements authorized.--The board shall |
26 | not impose any criteria or requirements regarding the contents |
27 | of an approved hotel in addition to the criteria and |
28 | requirements expressly specified in this section. However, the |
29 | board shall be authorized to require each table game licensee to |
30 | establish and maintain an approved hotel which is in all |
|
1 | respects a superior, first-class hotel facility of exceptional |
2 | quality which will promote the host municipality as a tourist or |
3 | convention destination. |
4 | (e) Exceptions.--The provisions of this section shall not |
5 | apply to a licensed table game entity that holds a Category 3 |
6 | slot machine license. An applicant for a table game licensee or |
7 | a licensed table game entity who has applied for or who holds a |
8 | Category 3 slot machine license shall not be eligible to operate |
9 | authorized table games in an approved hotel. |
10 | (f) Prohibition on slot machine operations.--Nothing in this |
11 | section shall be construed to authorize the placement of slot |
12 | machines or the conduct of slot machine operations in an |
13 | approved hotel. |
14 | CHAPTER 15 |
15 | INTERNAL CONTROLS |
16 | Section 1501. Internal controls. |
17 | (a) Submission to board.--Each applicant for a table game |
18 | license or table game licensee shall submit to the board a |
19 | description of its initial system of internal, administrative |
20 | and accounting controls for table game operations. The initial |
21 | system of internal, administrative and accounting controls |
22 | submitted to the board shall be accompanied by: |
23 | (1) A certification by the applicant's or table game |
24 | licensee's chief legal officer or equivalent that the |
25 | submitted controls conform to the requirements of this act |
26 | and the regulations promulgated by the board pursuant to this |
27 | act. |
28 | (2) A certification by the applicant's or table game |
29 | licensee's chief financial officer or equivalent that the |
30 | submitted controls provide adequate and effective accounting |
|
1 | controls, establish a consistent overall system of internal |
2 | procedures and administrative and accounting controls and |
3 | conform to generally accepted accounting principles. |
4 | Each applicant for a table game license or table game licensee |
5 | shall make the initial submission required under this subsection |
6 | at least 30 days before table game operations are to commence |
7 | unless otherwise directed by the board. |
8 | (b) Implementation of modified internal control |
9 | procedures.--Except as otherwise provided in this section, a |
10 | licensed table game entity, upon submission to the board of a |
11 | narrative description of a change in its system of internal, |
12 | administrative or accounting controls and the two certifications |
13 | required under subsection (a), may, following the 15th day after |
14 | the submission, implement the proposed change or modification in |
15 | the internal, administrative or accounting controls. Each |
16 | initial submission shall contain a narrative description of the |
17 | internal, administrative or accounting control system to be |
18 | utilized by the licensed table game entity, including, but not |
19 | limited to: |
20 | (1) Accounting controls, including the standardization |
21 | of forms and definition of terms to be utilized in the table |
22 | game operations. |
23 | (2) Procedures, forms, and where appropriate, formulas |
24 | covering the calculation of: |
25 | (i) Hold percentages. |
26 | (ii) Revenue drops. |
27 | (iii) Expense and overhead schedules. |
28 | (iv) Complimentary services, except as provided in |
29 | Chapter 18. |
30 | (v) Junkets. |
|
1 | (vi) Cash equivalent transactions. |
2 | (3) Job descriptions and the system of personnel and |
3 | chain-of-command, establishing a diversity of responsibility |
4 | among employees engaged in table game operations and |
5 | identifying primary and secondary managerial and supervisory |
6 | positions for all areas of responsibility. The areas of |
7 | responsibility shall not be so extensive as to be impractical |
8 | for an individual to monitor salary structure and personnel |
9 | practices and policies. The personnel practices and policies |
10 | shall include an identification and description of any |
11 | prerequisite, condition or requirement, other than or in |
12 | addition to experience, employment history, education, skill |
13 | or any other requirement generally used to determine |
14 | qualification for a particular job or job classification, |
15 | which could be used or will be used as a factor or factors to |
16 | determine eligibility, employability or continued employment. |
17 | (4) Procedures within the cashier's cage for: |
18 | (i) Receipt, storage and disbursal of chips, cash |
19 | and other cash equivalents used in the conduct of |
20 | authorized table games. |
21 | (ii) Cashing of checks. |
22 | (iii) Redemption of chips and other cash equivalents |
23 | used in the conduct of authorized table games. |
24 | (iv) Payoff of jackpots. |
25 | (v) Recording of transactions pertaining to table |
26 | game operations. |
27 | (5) Procedures for the collection and security of money |
28 | at the gaming tables. |
29 | (6) Procedures for the transfer and recordation of chips |
30 | between the gaming tables and the cashier's cage. |
|
1 | (7) Procedures for the transfer of moneys from the |
2 | gaming tables to the counting process. |
3 | (8) Procedures and security for the counting and |
4 | recording of revenue. |
5 | (9) Procedures for the security, storage and recordation |
6 | of cash, chips and other cash equivalents utilized in table |
7 | game operations. |
8 | (10) Procedures for the cashing and recording of checks |
9 | exchanged by the licensed table game entity. |
10 | (11) Procedures governing the utilization of a private |
11 | security force within the licensed table game facility, as |
12 | approved by the board. |
13 | (12) Procedures and security standards for the handling |
14 | and storage of gaming apparatus, including cards, dice, |
15 | wheels and all other table game equipment, apparatus, devices |
16 | and supplies used in the conduct of authorized table games. |
17 | (13) Procedures and rules governing the conduct of |
18 | particular table games and the responsibility of the table |
19 | game employees in respect to same. |
20 | (14) Procedures for separately recording all |
21 | transactions pursuant to Chapter 16 involving any public |
22 | official, any executive level State employee or any public |
23 | official of a county or municipality in which table games are |
24 | authorized at a licensed facility or any table game employee |
25 | or key employee, and for the quarterly filing with the board |
26 | of a list reporting all such transactions. |
27 | (c) Board review of submissions.--The board shall review |
28 | internal, administrative and accounting controls submissions |
29 | made pursuant to subsection (a) to determine whether the |
30 | submission conforms to the requirements of this act and |
|
1 | regulations promulgated by the board pursuant to this act, and |
2 | to ascertain whether the submission provides adequate and |
3 | effective controls for the operations of the particular licensed |
4 | table game facility submitting it. If the board preliminarily |
5 | determines during its review that a procedure in the submission |
6 | contains a substantial and material insufficiency likely to have |
7 | a direct and materially adverse impact on the integrity of table |
8 | game operations or the control of gross table game revenue, the |
9 | board, by written notice to the licensed table game entity, |
10 | shall: |
11 | (1) Specify the precise nature of the insufficiency and, |
12 | when possible, recommend an acceptable alternative procedure. |
13 | (2) Schedule a hearing before the full board no later |
14 | than 15 days after the date of written notice to plenarily |
15 | and finally determine whether the procedure in question |
16 | contains the described insufficiency. |
17 | (3) Direct that the internal, administrative or |
18 | accounting control at issue and not yet implemented not be |
19 | implemented by the table game licensee until revised and |
20 | approved by the board. Upon receipt of the notice, the table |
21 | game licensee shall proceed to the scheduled hearing before |
22 | the full board and may submit a revised procedure addressing |
23 | the board's concerns as specified in the notice. |
24 | Section 1502. Modification of internal controls. |
25 | Notwithstanding the requirements of section 1501, the board |
26 | shall by regulation permit changes in a table game licensee's |
27 | system of internal, administrative and accounting controls |
28 | required by section 1501 that do not have a material impact upon |
29 | the integrity of table game operations or the control and |
30 | reporting of gross table game revenue from the operation of |
|
1 | table games, including those described in section 1501(b)(3) to |
2 | be implemented by a licensed table game entity immediately upon |
3 | the preparation and initial filing of the internal controls. |
4 | Section 1503. Additional submissions to board. |
5 | Each table game licensee and applicant for a table game |
6 | license shall submit a narrative description of its system of |
7 | internal controls and administrative and accounting controls for |
8 | the recording and reporting of all business transactions and |
9 | agreements governing table game service industries, leases and |
10 | contracts no later than five days after those operations |
11 | commence or no later than five days after any change in the |
12 | controls becomes effective. |
13 | CHAPTER 16 |
14 | CREDIT |
15 | Section 1601. Restriction on provision of credit. |
16 | Except as otherwise provided in this chapter, no table game |
17 | licensee or any other person licensed under this act, and no |
18 | person acting on behalf of or under any arrangement with a table |
19 | game licensee or other person licensed under this act shall: |
20 | (1) Cash any check, make any loan or otherwise provide |
21 | or give to any person any credit or advance of anything of |
22 | value or a representation of value to enable any person to |
23 | play an authorized table game. |
24 | (2) Release or discharge any debt, in whole or in part, |
25 | or make any loan that represents any losses incurred by any |
26 | player, without maintaining a written record of the debt in |
27 | accordance with regulations of the board. |
28 | Section 1602. Acceptance of checks. |
29 | (a) Restrictions.--No table game licensee or any person |
30 | licensed or qualified under this act, and no person acting on |
|
1 | behalf of or under any arrangement with a licensee or other |
2 | person licensed or qualified under this act, may accept a check, |
3 | other than a recognized traveler's check or other cash |
4 | equivalent from any person to enable a person to take part in |
5 | table game activity as a player, or may give cash or cash |
6 | equivalents in exchange for the check unless: |
7 | (1) The check is made payable to the table game |
8 | licensee. |
9 | (2) The check is dated, but not postdated. |
10 | (3) The check is presented to the cashier or the |
11 | cashier's representative at a location in the licensed table |
12 | game facility approved by the board and is exchanged for cash |
13 | that totals an amount equal to the amount for which the check |
14 | is drawn or the check is presented to the cashier's |
15 | representative at a gaming table in exchange for chips that |
16 | total an amount equal to the amount for which the check is |
17 | drawn. |
18 | (4) The regulations concerning check-cashing procedures |
19 | are observed by the table game licensee and its employees and |
20 | agents. |
21 | (b) Accounts.--Nothing in this chapter shall be deemed to |
22 | preclude the establishment of an account by any person with a |
23 | table game licensee by a deposit of cash or recognized |
24 | traveler's check or other cash equivalent or a check that meets |
25 | the requirements of this section or to preclude the withdrawal, |
26 | either in whole or in part, of any amount contained in such |
27 | account. |
28 | (c) Requirement for cashing checks.--When a table game |
29 | licensee or other person licensed or qualified under this act, |
30 | or any person acting on behalf of or under any arrangement with |
|
1 | a table game licensee or other person licensed or qualified |
2 | under this act, cashes a check in conformity with the |
3 | requirements of subsection (a), the table game licensee shall |
4 | deposit or provide for the deposit of the check in a bank for |
5 | collection or payment or shall require an attorney or key |
6 | employee with no incompatible functions to present the check to |
7 | the drawer's bank for payment, within any of the following: |
8 | (1) Seven calendar days of the date of the transaction |
9 | for a check in an amount of $1,000 or less. |
10 | (2) Fourteen calendar days of the date of the |
11 | transaction for a check in an amount greater than $1,000 but |
12 | less than or equal to $5,000. |
13 | (3) Forty-five calendar days of the date of the |
14 | transaction for a check in an amount greater than $5,000. |
15 | (d) Check redemption.-- |
16 | (1) Notwithstanding any other provision of this section, |
17 | the drawer of the check may redeem the check by exchanging |
18 | cash, cash equivalents, chips or a check that meets the |
19 | requirements of subsection (i) in an amount equal to the |
20 | amount for which the check is drawn, the drawer may redeem |
21 | the check in part by exchanging cash, cash equivalents, chips |
22 | or a check that meets the requirements of subsection (i) and |
23 | another check that meets the requirements of subsection (a) |
24 | for the difference between the original check and the cash, |
25 | cash equivalents, chips or check tendered or the drawer may |
26 | issue one check that meets the requirements of subsection (a) |
27 | in an amount sufficient to redeem two or more checks drawn to |
28 | the order of the licensee. |
29 | (2) If there has been a partial redemption or a |
30 | consolidation in conformity with the provisions of this |
|
1 | subsection, the newly issued check shall be delivered to a |
2 | bank for collection or payment or presented to the drawer's |
3 | bank for payment by an attorney or key employee of the |
4 | licensee with no incompatible functions within the period |
5 | specified. |
6 | (3) No table game licensee or any person licensed or |
7 | qualified under this act shall accept any check or series of |
8 | checks in redemption or consolidation of another check or |
9 | checks for the purpose of avoiding or delaying the deposit of |
10 | a check in a bank for collection or payment or the |
11 | presentment of the check to the drawer's bank within the time |
12 | period prescribed by this subsection. |
13 | (4) In computing a time period prescribed under this |
14 | subsection, the last day of the period shall be included |
15 | unless it is a Saturday, Sunday, or a Federal or State |
16 | holiday, in which event the time period shall extend to the |
17 | next subsequent business day. |
18 | (e) Transfer of check and limitation.--No table game |
19 | licensee or any other person licensed or qualified under this |
20 | act, or any other person acting on behalf of or under any |
21 | arrangement with a table game licensee or other person licensed |
22 | or qualified under this act, shall transfer, convey or give, |
23 | with or without consideration, a check cashed in conformity with |
24 | the requirements of this section to any person other than: |
25 | (1) The drawer of the check upon redemption or |
26 | consolidation in accordance with subsection (d). |
27 | (2) A bank for collection or payment of the check. |
28 | (3) A purchaser of the table game license as approved by |
29 | the board. |
30 | (4) An attorney or key employee of the licensee with no |
|
1 | incompatible functions for presentment to the drawer's bank. |
2 | (f) Applicability of limitation.--The limitation on |
3 | transferability of checks shall apply to checks returned by any |
4 | bank or other financial institution to the table game licensee |
5 | without full and final payment. |
6 | (g) Collection of unpaid checks.--No person other than a |
7 | person licensed as a key employee or as a table game employee in |
8 | accordance with this act may engage in activities to collect |
9 | payment of checks that have been returned by banks or other |
10 | financial institutions without full and final payment, although |
11 | an attorney representing the table game licensee may bring |
12 | action for the collection of an unpaid check. |
13 | (h) Validity of checks.--Notwithstanding the provisions of |
14 | any law or regulation to the contrary, checks cashed in |
15 | conformity with the requirements of this act shall be valid |
16 | instruments, enforceable at law in the courts of this |
17 | Commonwealth. Any check cashed, transferred, conveyed or given |
18 | in violation of this act shall be invalid and unenforceable for |
19 | the purposes of collection but shall be included in the |
20 | calculation of gross table game revenue. |
21 | (i) Additional requirements for acceptance of check.-- |
22 | Notwithstanding the provisions of subsection (a) to the |
23 | contrary, a table game licensee may accept a check from a person |
24 | to enable the person to play table games as a player, may give |
25 | cash or cash equivalents in exchange for the check or may accept |
26 | a check in redemption or partial redemption of a check issued in |
27 | accordance with subsection (a), provided that: |
28 | (1) (i) The check is drawn by a table game licensee |
29 | pursuant to the relevant provisions of this act or upon |
30 | the withdrawal of funds from an account established in |
|
1 | accordance with subsection (b) or is drawn by a table |
2 | game licensee as payment for winnings from an authorized |
3 | table game. |
4 | (ii) The check is issued by a banking institution |
5 | that is chartered in a country other than the United |
6 | States on its account at a federally chartered or state- |
7 | chartered bank in the United States and is made payable |
8 | to "cash," "bearer," a table game licensee or the person |
9 | presenting the check. |
10 | (iii) The check is issued by a bank or other |
11 | financial institution that is chartered in the United |
12 | States on its account at another federally chartered or |
13 | state-chartered bank and is made payable to "cash," |
14 | "bearer," a table game license, or the person presenting |
15 | the check. |
16 | (iv) The check is issued by an affiliate of a table |
17 | game licensee that holds a casino or gaming license in |
18 | any jurisdiction. |
19 | (2) The check is identifiable in a manner approved by |
20 | the board as a check issued for a purpose listed in paragraph |
21 | (1). |
22 | (3) The check is dated, but not postdated. |
23 | (4) The check is presented to the cashier or the |
24 | cashier's representative by the original payee and its |
25 | validity is verified by the drawer in the case of a check |
26 | drawn pursuant to paragraph (1)(i), or the check is verified |
27 | in accordance with regulations promulgated by the board in |
28 | the case of a check issued pursuant to paragraph (1)(ii), |
29 | (iii) and (iv). |
30 | (5) The regulations concerning check-cashing procedures |
|
1 | are observed by the table game licensee and its employees and |
2 | agents. |
3 | (j) Check for loan or advance.--No table game licensee shall |
4 | issue a check for the purpose of making a loan or otherwise |
5 | providing or allowing any advance or credit to a person to |
6 | enable the person to take part in table game activity as a |
7 | player. |
8 | (k) Acceptance of check outside facility.--Notwithstanding |
9 | the provisions of subsections (a), (b), (c) and (d) to the |
10 | contrary, a table game licensee may, at a location outside the |
11 | licensed facility, accept a personal check or checks from a |
12 | person for up to $5,000 in exchange for cash or cash |
13 | equivalents, and may, at locations within the licensed table |
14 | game facility as permitted by the board, accept a personal check |
15 | or checks for up to $5,000 in exchange for cash, cash |
16 | equivalents, tokens, chips or plaques to enable the person to |
17 | take part in table game activity as a player, provided that: |
18 | (1) The check is drawn on the patron's bank or brokerage |
19 | cash management account. |
20 | (2) The check is for a specific amount. |
21 | (3) The check is made payable to the table game |
22 | licensee. |
23 | (4) The check is dated, but not postdated. |
24 | (5) The patron's identity is established by examination |
25 | of a valid credit card, driver's license, passport or other |
26 | form of identification, which contains, at a minimum, the |
27 | patron's signature and photograph. |
28 | (6) The check is restrictively endorsed "FOR DEPOSIT |
29 | ONLY" to the table game licensee's bank account and deposited |
30 | on the next banking day following the date of the |
|
1 | transaction. |
2 | (7) The total amount of personal checks presented by the |
3 | patron and accepted by any one table game licensee pursuant |
4 | to this subsection that are outstanding at any time, |
5 | including the current check being submitted, does not exceed |
6 | $5,000. |
7 | (8) The table game licensee has a board-approved system |
8 | of internal controls in place that will enable it to |
9 | determine the amount of outstanding personal checks received |
10 | from any patron pursuant to this subsection at any given |
11 | point in time. |
12 | (9) The table game licensee maintains a record of each |
13 | transaction in accordance with regulations promulgated by the |
14 | board. |
15 | Section 1603. Prohibition on provision of credit. |
16 | Upon written request to the board, a person may request that |
17 | the board place that person's name on a list of persons whom the |
18 | extension of credit by a table game licensee as provided in this |
19 | chapter would be prohibited. A person desiring to have the |
20 | person's name placed on the list shall submit the person's name, |
21 | address and date of birth to the board. The person does not need |
22 | to provide a reason for the request. It shall be the duty of the |
23 | board to provide the "no credit list" authorized under this |
24 | section to the credit department of each table game licensee. |
25 | The board, the table game licensee and the credit department of |
26 | a table game licensee may not divulge the names on the "no |
27 | credit list" to any person or entity other than those provided |
28 | for in this section. If a person wishes to have the person's |
29 | name removed from the "no credit list," the person shall submit |
30 | a written request for removal to the board. The board shall |
|
1 | inform the credit departments of each table game licensee no |
2 | later than seven business days after board receipt of a request |
3 | to remove a name from the "no credit list." The credit |
4 | department of each table game licensee shall cause such person's |
5 | name to be removed from such licensee's "no credit list" within |
6 | three business days of receipt of the request for removal from |
7 | the board. |
8 | Section 1604. Accounts, deposits and transactions. |
9 | The following shall govern accounts established by patrons of |
10 | table games: |
11 | (1) No table game licensee or any person licensed or |
12 | qualified under this act and no person acting on behalf of or |
13 | under any arrangement with a table game licensee or other |
14 | person licensed or qualified under this act shall, in a |
15 | single transaction during a gaming day, accept cash from a |
16 | person offered for the purposes of establishing an account, |
17 | when the amount offered totals $10,000 or more, unless the |
18 | person presents proof of his identity or passport |
19 | identification number, if the person is not a United States |
20 | citizen. |
21 | (2) Multiple currency transactions shall be treated as a |
22 | single transaction if the table game licensee or other person |
23 | licensed or qualified under this act or a person acting on |
24 | behalf of or under any arrangement with a table game licensee |
25 | or other person licensed or qualified under this act has |
26 | knowledge that the transactions are by or on behalf of one |
27 | person and result in either cash in or cash out totaling more |
28 | than $10,000 during a gaming day. |
29 | Section 1605. Limitation on amount redeemed. |
30 | (a) Permissible transaction.--No table game licensee or any |
|
1 | person licensed or qualified under this act, and no person |
2 | acting on behalf of or under any arrangement with a table game |
3 | licensee or other person licensed or qualified under this act |
4 | shall, in a single transaction during a gaming day, redeem for |
5 | cash or credit any chips or markers in an amount of $10,000 or |
6 | more or exchange chips for cash in an amount of $10,000 or more, |
7 | from any person, unless the person seeking to redeem the chips |
8 | or markers presents proof of identity or passport identification |
9 | number if the person seeking redemption is not a United States |
10 | citizen. |
11 | (b) Multiple transactions.--Multiple currency transactions |
12 | shall be treated as a single transaction if the table game |
13 | licensee or any person licensed or qualified under this act or a |
14 | person acting on behalf of or under any arrangement with a table |
15 | game licensee or other person licensed or qualified under this |
16 | act has knowledge that the transactions are by or on behalf of |
17 | one person and result in either cash in or cash out totaling |
18 | more than $10,000 during a gaming day. |
19 | (c) Reports of transactions.--Each table game licensee or |
20 | persons acting on behalf of or under any arrangement with a |
21 | table game licensee or other persons licensed under this act who |
22 | accept cash or redeem chips or markers totaling $10,000 or more |
23 | in a gaming day for which identification is required pursuant to |
24 | this section shall, at least once every 30 days, report the |
25 | identities and passport numbers, if applicable, of the persons |
26 | offering the cash, chips or markers to the bureau. |
27 | CHAPTER 17 |
28 | SUPPLIER AND MANUFACTURER LICENSES |
29 | Section 1701. Supplier and manufacturer licenses. |
30 | (a) Authority of board to license.--The board may issue a |
|
1 | supplier license to a person seeking to provide table game |
2 | equipment, devices, apparatuses or supplies to a table game |
3 | licensee within this Commonwealth and a manufacturer license to |
4 | a person who is a manufacturer of table game equipment, |
5 | apparatuses, devices or supplies for use in this Commonwealth. A |
6 | person desiring to serve as either a supplier or manufacturer |
7 | shall submit an application for a supplier or manufacturer |
8 | license to the board with a nonrefundable application fee not to |
9 | exceed $2,500. |
10 | (b) Eligibility and qualification for licensure.--The board |
11 | shall use the licensure procedures, conditions and any other |
12 | requirements established for persons applying for or holding a |
13 | supplier or manufacturer license under 4 Pa.C.S. Pt. II |
14 | (relating to gaming), when considering applications for a |
15 | supplier or manufacturer license under this act. In addition to |
16 | any criteria established by regulation for suppliers and |
17 | manufacturers of table game equipment, devices, apparatuses and |
18 | supplies under this act, the provisions of 4 Pa.C.S. §§ 1317 |
19 | (relating to supplier licenses), 1317.1 (relating to |
20 | manufacturer licenses), 1319 (relating to alternative |
21 | manufacturer licensing standards) and 1325 (relating to license |
22 | or permit issuance) or any regulations promulgated pursuant to |
23 | the provisions of 4 Pa.C.S. Pt. II shall apply to any applicant |
24 | for or holder of a table game supplier or table game |
25 | manufacturer license under this act. |
26 | (c) Responsibility of applicant.--It shall be the burden of |
27 | an applicant for a table game supplier license or for a table |
28 | game manufacturer license, as the case may be, to establish by |
29 | clear and convincing evidence the applicant's suitability as to |
30 | integrity, moral character and reputation, personal and business |
|
1 | probity, financial ability and experience, responsibility and |
2 | other criteria considered appropriate by the board. Applicants |
3 | for a supplier or manufacturer license and supplier or |
4 | manufacturer licensees shall be under a continuing duty to |
5 | provide information requested by the board and to cooperate in |
6 | any investigation, inquiry or hearing conducted by the board. |
7 | Section 1702. Additional eligibility requirements. |
8 | In addition to any criteria the board may use to disqualify a |
9 | person seeking a supplier or manufacturer license under this |
10 | section, a person shall not qualify for licensure as a supplier |
11 | or manufacturer if any of the following circumstances exist: |
12 | (1) The applicant has been convicted of a felony under |
13 | the laws of this Commonwealth, any other state, the United |
14 | States or under the laws of any foreign jurisdiction within |
15 | the preceding 15 years. |
16 | (2) The applicant has been convicted of a misdemeanor |
17 | involving gambling, theft, fraud or dishonesty in this |
18 | Commonwealth, or in any other state in the United States or |
19 | under the laws of a foreign jurisdiction, that substantially |
20 | corresponds to a misdemeanor in that state. |
21 | (3) The applicant has submitted an application for a |
22 | license under this act that contains false or misleading |
23 | information. |
24 | (4) The applicant is a member of the board or an |
25 | employee of the board. |
26 | (5) The applicant holds an elective office in this |
27 | Commonwealth or a political subdivision of this Commonwealth, |
28 | another state, the Federal Government or is a member of or |
29 | employed by a gaming regulatory body of another state, the |
30 | Federal Government or is employed by a political subdivision |
|
1 | of this Commonwealth. |
2 | (6) The applicant has an ownership interest in another |
3 | entity holding a table game license issued under this act or |
4 | a slot machine license issued under 4 Pa.C.S. Pt. II |
5 | (relating to gaming). |
6 | (7) The board determines that the applicant lacks the |
7 | requisite suitability as to integrity, moral character and |
8 | reputation, personal and business probity, financial ability |
9 | and experience and responsibility. |
10 | (8) The applicant fails to meet any other criteria |
11 | considered appropriate by the board. The criteria considered |
12 | appropriate by the board shall not be arbitrary, capricious |
13 | or contradictory to the expressed provisions of this act. |
14 | Section 1703. Issuance of license. |
15 | In determining whether to issue a supplier license or |
16 | manufacturer license to an applicant, the board shall consider |
17 | all of the following: |
18 | (1) The applicant's past and present compliance with |
19 | casino gaming licensing requirements of any other |
20 | jurisdiction, foreign or domestic, that pertain to casino |
21 | gaming and related activities. |
22 | (2) The integrity, moral character and reputation, |
23 | personal and business probity, financial ability and |
24 | experience and responsibility of the applicant or an |
25 | affiliate of the applicant. |
26 | (3) Notwithstanding any other provision of law, whether |
27 | the applicant has been indicted, charged, arrested, |
28 | convicted, pleaded guilty or nolo contendere, forfeited bail |
29 | concerning or had expunged any criminal offense enumerated in |
30 | section 602(b) under the laws of this Commonwealth or of any |
|
1 | other jurisdiction foreign or domestic, either felony or |
2 | misdemeanor, not including traffic violations, regardless of |
3 | whether the offense has been expunged, pardoned or reversed |
4 | on appeal or otherwise. |
5 | (4) Whether the applicant has filed, or had filed |
6 | against it, a proceeding for bankruptcy or has ever been |
7 | involved in any formal process to adjust, defer, suspend or |
8 | otherwise work out the payment of any debt within ten |
9 | calendar years before the effective date of this section. |
10 | (5) Whether the applicant has been served with a |
11 | complaint or other notice filed with any public body |
12 | regarding a payment of any tax required under Federal, State |
13 | or local law that has been delinquent for one or more years. |
14 | (6) Whether the applicant has a history of noncompliance |
15 | with the casino licensing requirements of any jurisdiction, |
16 | foreign or domestic. |
17 | (7) Whether the applicant has a history of noncompliance |
18 | with any regulatory requirements in this Commonwealth or any |
19 | other jurisdiction, foreign or domestic. |
20 | (8) Whether at the time of application the applicant is |
21 | a defendant in litigation involving its business practices or |
22 | business interest. |
23 | (9) Whether issuing a supplier license or manufacturer |
24 | license to an applicant would undermine the public's |
25 | confidence in this Commonwealth's gaming industry. |
26 | (10) Whether the applicant meets other standards for the |
27 | issuance of a supplier license or manufacturer license that |
28 | the board may promulgate by regulation. The regulations |
29 | promulgated under this section shall not be arbitrary, |
30 | capricious or contradictory to the expressed provisions of |
|
1 | this act. |
2 | (11) Whether the applicant applied for or holds a |
3 | supplier license or manufacturer license issued by the board |
4 | under 4 Pa.C.S. Pt. II (relating to gaming). |
5 | (12) Whether the applicant for a supplier license or |
6 | manufacturer license has paid the license fee authorized to |
7 | be collected by the board under this act. |
8 | Section 1704. Additional supplier license requirements. |
9 | Any person that supplies equipment, apparatuses, devices, |
10 | supplies or services to a table game licensee shall first obtain |
11 | a supplier's license. A supplier shall provide the board with a |
12 | list of all equipment, devices, apparatuses, services and |
13 | supplies offered for sale or lease to each table game licensee |
14 | licensed under this act. |
15 | Section 1705. Records. |
16 | Notwithstanding any other provision of law to the contrary, |
17 | each person licensed as a licensed supplier or licensed |
18 | manufacturer under this act shall keep books and records of |
19 | their business activities with a table game licensee, including |
20 | the furnishing of equipment, apparatuses, devices, supplies and |
21 | services to table game licensees separate and distinct from any |
22 | other business, including slot machine operations, that the |
23 | licensed supplier or licensed manufacturer, as the case may be, |
24 | might operate. A licensed supplier or licensed manufacturer |
25 | shall file a quarterly report with the board listing all sales, |
26 | leases and services entered into, made or provided in this |
27 | Commonwealth to a table game licensee. A licensed supplier or |
28 | licensed manufacturer shall permanently affix, when feasible, |
29 | its name to all its equipment, apparatuses, devices and supplies |
30 | for table game operations. Any supplier's or manufacturer's |
|
1 | equipment, apparatuses, devices or supplies that are used by any |
2 | person in an unauthorized gambling operation shall be forfeited |
3 | to the Commonwealth. |
4 | Section 1706. Inspections. |
5 | All applicants for a supplier or manufacturer license and |
6 | such licensees shall consent to inspection, searches and |
7 | seizures in accordance with this act and to the disclosure to |
8 | the board and its agents of confidential records, including tax |
9 | records, held by any Federal, State or local agency, credit |
10 | bureau or financial institution and to provide handwriting |
11 | exemplars, photographs, fingerprints and information as may be |
12 | authorized in this act and any regulations promulgated pursuant |
13 | to this act. Failure to provide information requested by the |
14 | board to assist in any investigation, inquiry or hearing of the |
15 | board or the bureau or failure to comply with any provision of |
16 | this act or regulations promulgated by the board under this act |
17 | may result in denial, suspension or, upon reasonable notice, |
18 | revocation of a table game license. |
19 | CHAPTER 18 |
20 | JUNKETS AND COMPLIMENTARY SERVICES |
21 | Section 1801. Junkets. |
22 | (a) Prohibition.--No person shall act as a junket |
23 | representative or junket enterprise and no junket shall be |
24 | organized or permitted to operate in this Commonwealth except in |
25 | accordance with this chapter. |
26 | (b) Junket representative qualification.--A junket |
27 | representative employed by a table game licensee, an applicant |
28 | for a table game license or an affiliate of a table game |
29 | licensee shall obtain a table game employee occupation permit in |
30 | accordance with the requirements of this act, except that the |
|
1 | junket representative need not be a resident of this |
2 | Commonwealth. Any person who holds a current and valid table |
3 | game employee occupation permit may act as a junket |
4 | representative while employed by a table game licensee or an |
5 | affiliate of a table game licensee. Junket representatives that |
6 | are not employed by a table game licensee or an applicant for a |
7 | table game license or by a junket enterprise shall be subject to |
8 | the requirements of section 1002 and Chapter 20, unless |
9 | otherwise directed by the board. No table game licensee or |
10 | applicant for a table game license may employ or otherwise |
11 | engage a junket representative who is not licensed as a junket |
12 | representative in accordance with the requirements of this |
13 | chapter. |
14 | (c) Junket enterprise qualification.--Junket enterprises |
15 | that are engaged in activities governed by this section shall be |
16 | subject to the provisions section 1002 and Chapter 20, with |
17 | regard to those activities, unless otherwise directed by the |
18 | board. The owners, management and supervisory employees and |
19 | other principal employees of a junket enterprise as the board |
20 | may require shall qualify under the standards, except for |
21 | residency, established for the qualification and licensure of |
22 | table game key employees under Chapter 7. |
23 | (d) Service of process.--Prior to the issuance of a table |
24 | game occupation permit for a person to serve as a junket |
25 | representative, a table game key employee license to a person |
26 | associated with a junket enterprise or a table game service |
27 | industry license to engage in the business of a junket |
28 | enterprise, the applicant for the permit or license shall submit |
29 | to the jurisdiction of the Commonwealth of Pennsylvania and |
30 | shall demonstrate to the satisfaction of the board that the |
|
1 | applicant is amenable to service of process within this |
2 | Commonwealth. Failure to establish or maintain compliance with |
3 | the requirements of this subsection shall constitute sufficient |
4 | cause for denial, suspension or revocation of the person's table |
5 | game employee occupation permit, the person's key employee |
6 | license or the person's table game service industry license. |
7 | Section 1802. Temporary occupation permit. |
8 | (a) Petition by table game licensee.--Upon petition by the |
9 | holder of a table game license, a junket representative applying |
10 | for a table game employee occupation permit may be issued a |
11 | temporary occupation permit upon a finding by the board of all |
12 | of the following: |
13 | (1) The applicant for the occupation permit as a junket |
14 | representative is employed by the table game licensee. |
15 | (2) The applicant for the occupation permit has filed a |
16 | completed application, including a nonrefundable application |
17 | fee and any other fee as required by regulation of the board, |
18 | with the board. |
19 | (3) The bureau certifies to the board that the completed |
20 | application for the occupation permit as a junket |
21 | representative has been in the possession of the bureau for |
22 | at least 30 days. The board, at its discretion, may consider |
23 | an application that has been in the possession of the bureau |
24 | for less than 30 days. |
25 | (b) Authority to suspend, limit or condition temporary |
26 | occupation permit.--In addition to any other authority granted |
27 | to the board under this act, the board shall have the authority, |
28 | upon notification from the bureau or the Pennsylvania State |
29 | Police that either is in possession of information that raises |
30 | reasonable possibility that a junket representative does not |
|
1 | qualify for an occupation permit, to immediately suspend, limit |
2 | or condition any temporary occupation permit, pending a hearing |
3 | on the qualifications of the junket representative in accordance |
4 | with the provisions of this act and regulations of the board. |
5 | (c) Duration of temporary permit.--Unless otherwise |
6 | terminated by the board, a temporary table game employee |
7 | occupation permit issued pursuant to this section shall expire |
8 | 12 months from the date of issuance, and shall be renewable by |
9 | the board, in the absence of an objection by the bureau or the |
10 | Pennsylvania State Police, for one additional six-month period. |
11 | Section 1803. Agreements. |
12 | Any agreement entered into between a table game licensee and |
13 | a junket representative or between a table game licensee and a |
14 | junket enterprise shall include a provision for the termination |
15 | of the agreement without liability on the part of the table game |
16 | licensee, if the board orders the termination upon the |
17 | suspension, limitation, conditioning, denial or revocation of |
18 | the occupation permit of the junket representative or the |
19 | license of the junket enterprise. Failure to expressly include |
20 | this condition in the agreement shall not constitute a defense |
21 | in any action brought to terminate the agreement. |
22 | Section 1804. Responsibility of licensee for conduct of junket. |
23 | A table game licensee shall be responsible for the conduct of |
24 | any junket representative or junket enterprise associated with |
25 | it and for the terms and conditions of any junket engaged in on |
26 | its premises, regardless of the fact that the junket may involve |
27 | persons not employed by the licensee. |
28 | Section 1805. Violation of terms of junket. |
29 | A table game licensee shall be responsible for any violation |
30 | or deviation from the terms of a junket. Notwithstanding any |
|
1 | other provision of this act, the board may, after hearing, order |
2 | restitution to junket participants, assess penalties for |
3 | violations or deviations from the terms of the junket, prohibit |
4 | future junkets by a table game licensee, junket enterprises or |
5 | junket representatives and order further relief as it may deem |
6 | appropriate. |
7 | Section 1806. Records of junkets. |
8 | The board by regulation shall prescribe methods, procedures |
9 | and forms for the delivery and retention of information |
10 | concerning the conduct of junkets by table game licensees. Each |
11 | table game licensee, in accordance with regulations of the |
12 | board, shall: |
13 | (1) Maintain on file a report describing the operation |
14 | of any junket engaged in or on its premises. |
15 | (2) Submit to the board and the bureau a list of all of |
16 | its employees who act as junket representatives, whether on a |
17 | full-time, part-time, temporary or permanent basis. |
18 | (3) Maintain records of all agreements entered into with |
19 | a junket enterprise or junket representative for no less than |
20 | five years. |
21 | (4) Provide any other information concerning junket |
22 | operations upon request by the board or bureau. |
23 | Section 1807. Report of junket participants. |
24 | Each table game licensee, junket representative or junket |
25 | enterprise, in accordance with the regulations of the board, |
26 | shall file a report with the bureau with respect to each list of |
27 | junket patrons or potential junket patrons purchased directly or |
28 | indirectly by the table game licensee, junket representative or |
29 | junket enterprise. The report shall include, but not be limited |
30 | to, information on the source of the list and zip codes of |
|
1 | patrons or potential patrons named on any list purchased |
2 | directly or indirectly by the table game licensee, junket |
3 | representative or junket enterprise. Nothing in this section |
4 | shall be construed to require the listing of any personal |
5 | identifying information for patrons of any junket. |
6 | Section 1808. Junket arrangements; exemption determination. |
7 | The board shall have the authority to determine, either by |
8 | regulation or upon petition by the holder of the table game |
9 | license, whether an arrangement otherwise included in the |
10 | definition of "junket" under section 103 shall be required to |
11 | comply with any or all of the requirements of this chapter. The |
12 | board shall seek the opinion of the bureau prior to granting any |
13 | exemption under this chapter. In granting an exemption, the |
14 | board shall consider the nature, volume and significance of the |
15 | particular type of arrangement, whether the exemption would be |
16 | consistent with the policies and purposes of this act and any |
17 | other factor it may deem necessary. The board may condition, |
18 | limit or restrict any exemption as the board may deem |
19 | appropriate. |
20 | Section 1809. Prohibitions relating to junkets. |
21 | No junket enterprise or junket representative or person |
22 | acting as a junket representative shall: |
23 | (1) Engage in efforts to collect upon checks that have |
24 | been returned by banks or other financial institutions |
25 | without full and final payment. |
26 | (2) Exercise approval authority with regard to the |
27 | authorization or issuance of credit pursuant to Chapter 16. |
28 | (3) Act on behalf of or under any arrangement with a |
29 | table game licensee or patron with regard to the redemption, |
30 | consolidation or substitution of the patron's check awaiting |
|
1 | deposit pursuant to Chapter 16. |
2 | (4) Individually receive or retain any fee from a table |
3 | game patron for the privilege of participating in a junket. |
4 | (5) Pay for any services, including transportation, or |
5 | other items or things of value provided to, or for the |
6 | benefit of, any patron participating in a junket except as |
7 | provided in this act. |
8 | Section 1810. Complimentary services. |
9 | (a) Restrictions on complimentary services.--No table game |
10 | licensee shall offer or provide any complimentary services, |
11 | gifts, cash or other things or items of value to any person |
12 | unless: |
13 | (1) The complimentary service consists of room, food, |
14 | beverage or entertainment expenses provided directly to the |
15 | patron and the patron's guests by the table game licensee or |
16 | indirectly to the patron and the patron's guests on behalf of |
17 | a table game licensee by a third party. |
18 | (2) The complimentary service consists of documented |
19 | transportation expenses provided directly to the patron and |
20 | the patron's guests by the table game licensee or indirectly |
21 | to the patron and the patron's guests on behalf of a licensee |
22 | by a third party as long as the table game licensee complies |
23 | with regulations promulgated by the board to ensure that |
24 | documented transportation expenses of a patron and the |
25 | patron's guests are paid for or reimbursed only once. |
26 | (3) The complimentary service consists of coins, tokens, |
27 | cash or other complimentary items or services provided |
28 | through a bus coupon or other complimentary distribution |
29 | programs that, notwithstanding the requirements of Chapter |
30 | 15, shall be filed with the board upon the implementation of |
|
1 | the program or maintained pursuant to board regulation. |
2 | (b) Allowable complimentary service.--Notwithstanding |
3 | subsection (a), a table game licensee may offer and provide |
4 | complimentary cash or noncash gifts that are not otherwise |
5 | included under subsection (a) to any person, provided that |
6 | complimentary cash or noncash gifts in excess of $2,000 per trip |
7 | or a greater amount are supported by documentation setting forth |
8 | the reason the gift was given to the patron or the patron's |
9 | guests, including, where applicable, a patron's player rating. |
10 | The documentation supporting complimentary cash or noncash gifts |
11 | of $2,000 or more per trip shall be maintained by the table game |
12 | licensee. For the purpose of this subsection, all gifts |
13 | presented to a patron and the patron's guests directly by a |
14 | table game licensee or indirectly on behalf of a table game |
15 | licensee by a third party within any five-day period shall be |
16 | considered to have been made during a single trip. |
17 | (c) Complimentary service account required.--Each table game |
18 | licensee shall maintain a regulated complimentary service |
19 | account for complimentary services allowed under this section. |
20 | The table game licensee shall submit a quarterly report of |
21 | account activities and all complimentary services offered or |
22 | engaged in by the table game licensee during the immediately |
23 | preceding quarter. The report shall: |
24 | (1) Identify the regulated complimentary services. |
25 | (2) Provide the costs of the complimentary services. |
26 | (3) Indicate the number of persons by category of |
27 | service who received the complimentary services. |
28 | (4) Provide any other information the board may require. |
29 | Section 1811. Prohibition on provision of complimentary |
30 | services. |
|
1 | (a) General rule.--No applicant for a table game license or |
2 | a table game licensee shall provide, directly or indirectly, a |
3 | complimentary service or discount to any person, that is other |
4 | than a complimentary service or discount provided or offered to |
5 | members of the general public in like circumstances. |
6 | (b) Definition.--As used in subsection (a), the term |
7 | "person" means any executive-level public employee, public |
8 | official or party officer as those terms are defined in section |
9 | 2701(f). |
10 | CHAPTER 19 |
11 | PROFESSIONAL SERVICES |
12 | Section 1901. Definitions. |
13 | The following words and phrases when used in this chapter |
14 | shall have the meanings given to them in this section unless the |
15 | context clearly indicates otherwise: |
16 | "Professional services." Those services rendered to a table |
17 | game licensee in this Commonwealth, including, but not limited |
18 | to: |
19 | (1) Legal services. |
20 | (2) Advertising or public relations services. |
21 | (3) Engineering services. |
22 | (4) Architectural, landscaping or surveying services. |
23 | (5) Accounting, auditing or actuarial services. |
24 | (6) Security consultant services. |
25 | (7) Computer and information technology services, except |
26 | telephone service. |
27 | Section 1902. Reporting of professional services. |
28 | (a) Quarterly reports required.--Each holder of a table game |
29 | license under this act shall submit a quarterly report to the |
30 | board that names each individual, corporation, firm, |
|
1 | partnership, association or other person or entity that |
2 | furnishes professional services to the licensee. The report |
3 | shall be a public record governed by the act of February 14, |
4 | 2008 (P.L.6, No.3), known as the Right-to-Know Law, and shall be |
5 | forwarded to the board on a quarterly basis by certified mail or |
6 | electronic mail no later than 20 days after the end of each |
7 | quarter, except that legal services shall be reported in |
8 | accordance with any rules established for the reporting of legal |
9 | services that have been established, or that may be established, |
10 | by the Supreme Court of Pennsylvania. |
11 | (b) Content of report.--The report shall contain the name, |
12 | address and any other information the board, through regulation, |
13 | may require of each individual, person, corporation, firm, |
14 | partnership, association or other entity that furnishes |
15 | professional services to the table game licensee during the |
16 | reporting quarter. The table game licensee shall not be required |
17 | to report the amount of compensation paid to an individual, |
18 | person or entity in exchange for furnishing professional |
19 | services to the table game licensee. |
20 | (c) Sanctions.--The board may impose sanctions as provided |
21 | in this act on any table game licensee who fails to submit the |
22 | professional services report to the board in accordance with |
23 | this chapter. |
24 | CHAPTER 20 |
25 | AGREEMENTS, LEASES AND CONTRACTS |
26 | Section 2001. Payments under agreement, lease or contract. |
27 | (a) Requirement.--Unless otherwise provided in this section, |
28 | no agreement shall be lawful that provides for the payment, |
29 | however defined, of any direct or indirect interest, percentage |
30 | or share of any money or property wagered at a licensed table |
|
1 | game facility, any money or property derived from table game |
2 | operations or any revenues, profits or earnings of a licensed |
3 | table game facility. The following shall apply to agreements: |
4 | (1) Agreements that provide only for the payment of a |
5 | fixed sum that is in no way affected by the amount of any of |
6 | such money, property, revenues, profits or earnings of a |
7 | licensed table game facility shall not be subject to the |
8 | provisions of this section, and receipts, rentals or charges |
9 | for real property, personal property or services shall not |
10 | lose their character as payments of a fixed sum because of |
11 | contract, lease or license provisions for adjustments in |
12 | charges, rentals or fees on account of changes in taxes or |
13 | assessments, cost-of-living index escalations, expansions or |
14 | improvement of facilities or changes in services supplied. |
15 | (2) Agreements between a table game licensee and a |
16 | junket enterprise or junket representative licensed, |
17 | permitted or qualified in accordance with the applicable |
18 | provisions of this act that provide for the compensation of |
19 | the junket enterprise or junket representative by the table |
20 | game licensee based upon the actual table game activities of |
21 | a patron procured or referred by the junket enterprise or |
22 | junket representative shall be lawful if filed with the board |
23 | prior to the conduct of any junket that is governed by the |
24 | agreement. |
25 | (3) Agreements between a table game licensee and its |
26 | employees that provide for table game employee and table game |
27 | key employee profit sharing shall be lawful if the agreement |
28 | is in writing and filed with the board prior to the effective |
29 | date of the agreement. The agreement may be reviewed by the |
30 | board under relevant provisions of this act. |
|
1 | (4) Agreements to lease a licensed table game facility |
2 | or the land thereunder and agreements for the complete |
3 | management of table game operations in a licensed table game |
4 | facility shall not be subject to the provisions of this |
5 | section but shall be subject to the applicable provisions of |
6 | Chapter 5. |
7 | (5) Agreements that provide for percentage charges |
8 | between a table game licensee and a holding company or |
9 | intermediary company of the table game licensee shall be in |
10 | writing and filed with the board but shall not be subject to |
11 | the provisions of this section. |
12 | Section 2002. Maintenance of records. |
13 | Each applicant for a table game license or table game |
14 | licensee shall maintain, in accordance with regulations of the |
15 | board, a record of each written or unwritten agreement regarding |
16 | the realty, construction, maintenance or business of a proposed |
17 | or existing table game facility. The requirement to maintain |
18 | these records shall apply regardless of whether the applicant |
19 | for a table game license or the table game licensee is a party |
20 | to the agreement. The agreement may be reviewed by the board on |
21 | the basis of reasonableness of its terms, including the terms of |
22 | compensation, and of the qualifications of the owners, officers, |
23 | employees and directors of any enterprise involved in the |
24 | agreement; qualifications shall be reviewed according to the |
25 | standards enumerated in Chapter 6. If the board disapproves the |
26 | agreement or the owners, officers, employees or directors of any |
27 | enterprises involved in the agreement, the board may terminate |
28 | the agreement. |
29 | Section 2003. Termination of agreement by board. |
30 | Every agreement required to be maintained and every related |
|
1 | agreement, the performance of which is dependent upon the |
2 | performance of an agreement, shall be deemed to include a |
3 | provision stipulating that if the board determines that the |
4 | agreement should be terminated pursuant to this section, the |
5 | termination shall occur without liability on the part of an |
6 | applicant for a table game license or a table game licensee or |
7 | any qualified party to the agreement or any related agreement. |
8 | Failure expressly to include the provision in the agreement |
9 | shall not constitute a defense in any action brought to |
10 | terminate the agreement or any related agreement. If the |
11 | agreement is not maintained or presented to the board in |
12 | accordance with the requirements of this section or in |
13 | accordance with regulations promulgated by the board or if the |
14 | disapproved agreement is not terminated, the board may pursue |
15 | any remedy or combination of remedies provided under this act. |
16 | Section 2004. Transfer of license. |
17 | Nothing in this act shall be construed to permit the transfer |
18 | of any table game license issued by the board in accordance with |
19 | this act, or the transfer of any interest in any table game |
20 | license or any certification of compliance or any commitment or |
21 | reservation. |
22 | CHAPTER 21 |
23 | CORPORATE LICENSEES |
24 | Section 2101. Disposition of securities. |
25 | (a) Disposition conditional.--The sale, assignment, |
26 | transfer, pledge or other disposition of any security issued by |
27 | a corporation that holds a table game license issued under this |
28 | act is conditional and shall be ineffective if disapproved by |
29 | the board. |
30 | (b) Requirement for certificate evidencing security.--Every |
|
1 | security issued by a corporation that holds a table game license |
2 | shall bear, on both sides of the certificate evidencing the |
3 | security, a statement of the restrictions imposed by this |
4 | chapter, except that in the case of a publicly traded |
5 | corporation incorporated prior to the effective date of this |
6 | act, a statement of restriction shall be necessary only insofar |
7 | as certificates are issued by the corporation after the |
8 | effective date of this act. |
9 | (c) Secretary of State.--The Secretary of State shall not |
10 | accept for filing any articles of incorporation of any |
11 | corporation that includes as a stated purpose the conduct of |
12 | table games, or any amendment that adds the conduct of table |
13 | games to articles of incorporation previously filed, unless the |
14 | articles or amendments have been approved by the board and a |
15 | copy of the document evidencing board approval accompanies the |
16 | articles or amendments upon presentation for filing with the |
17 | Secretary of State. |
18 | Section 2102. Action upon finding of disqualification. |
19 | (a) General rule.--If at any time the board finds that an |
20 | individual owner or holder of any security of a corporate table |
21 | game licensee or of a holding or intermediary company of the |
22 | corporate licensee is not qualified under this act and, as a |
23 | result, the corporate table game licensee is no longer qualified |
24 | to continue as a table game licensee in this Commonwealth, the |
25 | board shall, pursuant to the provisions of this act, take any |
26 | necessary action to protect the public interest, including the |
27 | suspension or revocation of the table game license of the |
28 | corporation. If the holding or intermediary company is a |
29 | publicly traded corporation and the board finds disqualified any |
30 | holder of any security of that corporation who is required to be |
|
1 | qualified under this act, the board shall not take any action |
2 | against the table game licensee or the holding or intermediary |
3 | company with respect to the continued ownership of the security |
4 | interest by the disqualified holder if the board finds that: |
5 | (1) The holding or intermediary company has complied |
6 | with the applicable provisions of this act. |
7 | (2) The holding or intermediary company has made a good |
8 | faith effort, including the pursuit of all legal remedies, to |
9 | comply with any order of the board requiring the divestiture |
10 | of the security interest held by the disqualified holder. |
11 | (3) The disqualified holder does not have the ability to |
12 | control the corporate table game licensee or any holding or |
13 | intermediary company of the corporate table game licensee or |
14 | to elect one or more members of the board of directors of the |
15 | corporation or company that is the holder of a table game |
16 | license, the board shall not take any action against such |
17 | table game licensee or the holding or intermediary company |
18 | with respect to the continued ownership of the security |
19 | interest by the disqualified holder. |
20 | (b) Presumption.--For the purpose of this act, a security |
21 | holder shall be presumed to have the ability to control a |
22 | publicly traded corporation, or to elect one or more members of |
23 | its board of directors, if such holder owns or beneficially |
24 | holds 5% or more of the equity securities of such corporation, |
25 | unless the presumption of control or ability to elect is |
26 | rebutted by clear and convincing evidence. |
27 | Section 2103. Prohibition upon disqualification. |
28 | Commencing on the date the board serves notice upon a |
29 | corporation that holds a table game license of the determination |
30 | of disqualification under section 2102, it shall be unlawful for |
|
1 | the named individual: |
2 | (1) To receive any dividends or interest from any |
3 | security. |
4 | (2) To exercise, directly or indirectly through any |
5 | trustee or nominee, any right conferred by the securities. |
6 | (3) To receive any remuneration in any form from the |
7 | corporate table game licensee for services rendered or |
8 | otherwise provided to the corporate table game licensee. |
9 | Section 2104. Reports by public and nonpublicly traded |
10 | corporations. |
11 | After a nonpublicly traded corporation is issued a table game |
12 | license under this act, but prior to the issuance or transfer of |
13 | any security to any person required to be but not yet issued a |
14 | license or qualified in accordance with this act, the |
15 | corporation shall file a report of its proposed action with the |
16 | board, and shall request the approval of the board for the |
17 | transaction. If the board denies the request, the corporation |
18 | shall not issue or transfer the security. After a publicly |
19 | traded corporation has been issued a table game license, the |
20 | corporation shall file a report quarterly with the board that |
21 | lists all owners and holders of any security issued by the |
22 | corporate table game licensee. |
23 | Section 2105. Report of changes in corporation. |
24 | Each corporation that is issued a table game license under |
25 | this act shall file a report of any change of its corporate |
26 | officers or members of its board of directors with the board. No |
27 | officer or director shall be entitled to exercise any powers of |
28 | the office to which he was so elected or appointed until |
29 | qualified by the board in accordance with this act. |
30 | CHAPTER 22 |
|
1 | EMPLOYMENT |
2 | Section 2201. Table game facility employment. |
3 | (a) Licensure or registration required.--A table game |
4 | licensee shall not appoint or employ any person in a position |
5 | that requires a table game key employee license, table game |
6 | employee occupation permit or table game service employee |
7 | registration unless the person possesses such current and valid |
8 | license, permit or registration authorizing the appointment or |
9 | employment. |
10 | (b) Action upon revocation.--It shall be the duty of each |
11 | table game licensee, within 24 hours of receipt of written or |
12 | electronically transferred notice of the revocation or |
13 | expiration of an employee license, permit or registration, to |
14 | terminate the appointment or employment or registration of any |
15 | person whose license, permit or registration has expired or been |
16 | revoked by the board. A table game licensee shall comply in all |
17 | respects with any order of the board imposing limitations or |
18 | restrictions upon the terms of employment, appointment or |
19 | registration in the course of any investigation or hearing. |
20 | (c) Restriction on reemployment.--An applicant for or a |
21 | holder of a table game key employee license, a table game |
22 | employee occupation permit or a table game service registration |
23 | whose application is denied or whose license, permit or |
24 | registration is revoked, as the case may be, shall not, in |
25 | addition to any restrictions imposed by regulations of the board |
26 | on a reapplication for a license, permit or registration, be |
27 | employed by or provide service to a table game licensee in a |
28 | position that does not require a license or permit until five |
29 | years have elapsed from the date of the denial or revocation. |
30 | The board may authorize reemployment of a revoked employee |
|
1 | license, permit, registration or qualification upon good cause |
2 | shown. |
3 | Section 2202. Requirements for principal employees. |
4 | (a) License required.--No person shall serve or be employed |
5 | as a principal employee by a table game licensee, manufacturer |
6 | licensee or supplier licensee unless the person has obtained a |
7 | principal employee license from the board. |
8 | (b) Application requirements.--Each applicant for a |
9 | principal employee license shall produce information, |
10 | documentation and assurances of such applicant's suitability as |
11 | to character, reputation, integrity and other criteria as may be |
12 | considered appropriate by the board in an application at such |
13 | time and in such form and manner as the board shall prescribe. |
14 | The application shall include, but may not be limited to, the |
15 | following: |
16 | (1) Verification of status as a principal from a table |
17 | game licensee, manufacturer licensee or supplier licensee. |
18 | (2) A description of decision-making responsibilities |
19 | and other powers and duties as a principal employee. |
20 | (3) All releases required to obtain information and |
21 | documentation from governmental agencies, employers and other |
22 | organizations. |
23 | (4) Fingerprints, which shall be submitted to the |
24 | Pennsylvania State Police. |
25 | (5) A recent photographic image of the applicant, which |
26 | conforms with the standards of the Commonwealth Photo Imaging |
27 | Network. |
28 | (6) Details and documentations, if required by the |
29 | board, of a similar license, permit or qualification, as the |
30 | case may be, in any other jurisdiction, foreign or domestic. |
|
1 | (c) Issuance of license.--The board shall review each |
2 | application for a principal employee license and may issue the |
3 | license following its review and the completion of a background |
4 | investigation, if it determines that the applicant has proven, |
5 | by clear and convincing evidence, that the applicant is a person |
6 | of good character, honesty and integrity and is eligible and |
7 | suitable to be licensed as a principal employee. |
8 | (d) Nontransferability of license.--A principal employee |
9 | license issued in accordance with the requirements of this |
10 | section shall not be transferable. |
11 | (e) Status as principal.--A person who is approved for and |
12 | issued a principal employee license under this section shall not |
13 | be required by the board to obtain a key employee license, |
14 | unless the board determines that the duties of the person |
15 | require licensure as a key employee. |
16 | CHAPTER 23 |
17 | TABLE GAME REVENUE |
18 | Section 2301. Accounts and deposits. |
19 | (a) Deposits into account.--Each person that is issued a |
20 | license to operate a table game facility in this Commonwealth in |
21 | accordance with this act shall, not later than two business days |
22 | prior to the commencement of table game operations, deposit and |
23 | maintain a sum of $2,000,000 in the special account established |
24 | for each slot machine licensee pursuant to 4 Pa.C.S. § 1401(a) |
25 | (relating to slot machine licensee deposits). The State |
26 | Treasurer shall ensure that the deposits required to be made by |
27 | each table game licensee and made pursuant to this subsection |
28 | are segregated and separate from deposits made by a slot machine |
29 | licensee pursuant to 4 Pa.C.S. § 1401(a). The moneys deposited |
30 | in the special account shall guarantee the payment of funds to |
|
1 | the Commonwealth that are payable pursuant to the provisions of |
2 | this act. |
3 | (b) Weekly deposits.--Each table game licensee shall deposit |
4 | funds into the special account established within the State |
5 | Treasury in accordance with subsection (a) on a weekly basis |
6 | equal to the amounts deducted by the department under section |
7 | 2302. The department shall notify each table game licensee of |
8 | the amounts deducted. If at any time the amount held in the |
9 | account attributable to a table game licensee is not sufficient |
10 | to make the payments required under section 2302, the department |
11 | shall notify the table game licensee and the licensee, |
12 | immediately upon receipt of the notification, shall deposit |
13 | necessary funds into the account as directed by the department. |
14 | (c) Return of moneys in account.--The moneys deposited into |
15 | the special account shall not be returned to a table game |
16 | licensee unless the table game licensee ceases to conduct table |
17 | games operations in this Commonwealth and relinquishes all |
18 | future rights to operate table games at the licensed table game |
19 | facility in this Commonwealth. If all rights are relinquished, |
20 | the balance of the money in the special account attributable to |
21 | the table game licensee's operation of table games, minus any |
22 | unpaid amounts that may be due and payable to the Commonwealth |
23 | under this act, shall be returned to the table game licensee. |
24 | Section 2302. Gross table game revenue deductions. |
25 | After determining the appropriate assessments for each table |
26 | game licensee, the department shall determine costs, expenses or |
27 | payments from each account established under section 2301. The |
28 | following costs and expenses shall be transferred to the |
29 | appropriate agency upon appropriation by the General Assembly: |
30 | (1) Administrative costs and expenses and any other |
|
1 | costs incurred by the department for performing its duties |
2 | under this act as based upon a budget submitted by the |
3 | department to, and approved, by the board. |
4 | (2) The costs and expenses incurred by the board in |
5 | carrying out its responsibilities under this act based upon a |
6 | budget approved by resolution of the board. |
7 | (3) The sums necessary to repay any loan made from the |
8 | General Fund to the board in connection with the performance |
9 | of its duties and responsibilities under this act. |
10 | (4) Any costs and expenses to be incurred by the |
11 | Pennsylvania State Police and the Office of Attorney General |
12 | not otherwise reimbursed under this act in carrying out their |
13 | respective responsibilities under this act as based upon a |
14 | budget submitted by each agency to, and approved, by the |
15 | board. |
16 | Section 2303. Table game tax. |
17 | (a) Imposition of tax.--A tax to be known as the table game |
18 | tax is hereby imposed on each licensed table game entity. The |
19 | department shall determine and each licensed table game entity |
20 | shall pay a daily tax of 18% and a local share assessment of 2% |
21 | of its daily gross table game revenue from table game operations |
22 | at each licensed table game facility as provided in this |
23 | section. |
24 | (b) Collection and transfer of tax.--The department shall |
25 | collect the tax and local share assessment imposed under |
26 | subsection (a) and shall transfer the State tax to the special |
27 | fund established under 4 Pa.C.S § 1409 (relating to Property Tax |
28 | Relief Fund) for the use and purposes of that fund. The local |
29 | share assessment shall be deposited in the State Gaming Fund |
30 | established under 4 Pa.C.S. § 1403 (relating to establishment of |
|
1 | State Gaming Fund and net slot machine revenue distribution). |
2 | (c) Use of State tax and local share assessments.--The State |
3 | tax imposed under subsection (a) and transferred to the Property |
4 | Tax Relief Fund in accordance with subsection (b) shall only be |
5 | used for the purpose of property tax and wage tax reduction as |
6 | generally expressed by the General Assembly in the act of June |
7 | 27, 2006 (1st Sp.Sess., P.L.1873, No.1), known as the Taxpayer |
8 | Relief Act, or by any regulations that may be adopted and |
9 | promulgated pursuant to that act or by any amendment to or |
10 | revision of that act that may be made by the General Assembly |
11 | subsequent to the effective date of this act or by any other law |
12 | of the General Assembly subsequently enacted that specifically |
13 | relates to the delivery of property tax and wage tax relief to |
14 | residents of this Commonwealth and that is enacted by the |
15 | General Assembly for the sole purpose of reducing property tax |
16 | and wage tax. The local share assessment shall be distributed in |
17 | accordance with subsection (d). |
18 | (d) Transfers and distributions.--The department shall: |
19 | (1) Transfer the tax and local share assessment imposed |
20 | under subsection (a) in accordance with subsection (b). |
21 | (2) From the local share assessment established in |
22 | subsection (a), make quarterly distributions among the |
23 | counties hosting a table game facility in accordance with the |
24 | following schedule: |
25 | (i) If the licensed table game facility is also a |
26 | Category 1 licensed facility pursuant to 4 Pa.C.S. § 1302 |
27 | (relating to Category 1 slot machine license) that is |
28 | located at a harness racetrack and the county, including |
29 | a home rule county, in which the licensed facility is |
30 | located, is: |
|
1 | (A) A county of the first class: 2% of the |
2 | gross table game revenue to the county hosting the |
3 | licensed table game facility from each facility. |
4 | Notwithstanding any other provision to the contrary, |
5 | funds from licensed gaming entities located within a |
6 | county of the first class shall not be distributed |
7 | outside of a county of the first class. |
8 | (B) A county of the second class: 2% of the |
9 | gross table game revenue to the county hosting the |
10 | licensed table game facility from each facility. |
11 | (C) A county of the second class A: 1% of the |
12 | gross table game revenue to the county hosting the |
13 | licensed table game facility from each facility. An |
14 | additional 1% of the gross table game revenue to the |
15 | county hosting the licensed table game facility from |
16 | each facility for the purpose of municipal grants |
17 | within the county in which the licensee is located. |
18 | (D) (I) A county of the third class: Except as |
19 | provided in subparagraph (ii), 2% of the gross |
20 | table game revenue from each licensed table game |
21 | facility shall be deposited into a restricted |
22 | account established in the Department of |
23 | Community and Economic Development to be used |
24 | exclusively for grants for health, safety and |
25 | economic development projects to municipalities |
26 | within the county where the table game facility |
27 | is located. Municipalities that are contiguous to |
28 | the municipality hosting the licensed table game |
29 | facility shall be given priority by the |
30 | Department of Community and Economic Development |
|
1 | in the award of grants. |
2 | (II) If a licensed table game facility is |
3 | located in one of two counties of the third class |
4 | where a city of the third class is located in |
5 | both counties of the third class, the county in |
6 | which the licensed table game facility is located |
7 | shall receive 1.2% of the gross table game |
8 | revenue to be distributed as follows: 20% to the |
9 | host city, 30% to the host county and 50% to the |
10 | host county for the purpose of making municipal |
11 | grants within the county, with priority given to |
12 | municipalities contiguous to the host city. The |
13 | county of the third class, which includes a city |
14 | of the third class that is located in two |
15 | counties of the third class and is not the host |
16 | county for the licensed facility, shall |
17 | receive .8% of the gross table game revenue to be |
18 | distributed as follows: 60% to a nonhost city of |
19 | the third class located solely in the nonhost |
20 | county in which the host city of the third class |
21 | is also located or 60% to the nonhost city of the |
22 | third class located both in the host and nonhost |
23 | counties of the third class, 35% to the nonhost |
24 | county and 5% to the nonhost county for the |
25 | purpose of making municipal grants within the |
26 | county. |
27 | (E) (I) A county of the fourth class: 2% of |
28 | the gross terminal revenue from each licensed |
29 | facility shall be deposited into a restricted |
30 | account established in the Department of |
|
1 | Community and Economic Development to be used |
2 | exclusively for grants to the county and its |
3 | eligible municipalities, to economic development |
4 | authorities or redevelopment authorities within |
5 | the county for grants for economic development |
6 | projects, job training, community improvement |
7 | projects, other projects in the public interest |
8 | and reasonable administrative cost, provided, |
9 | however, that such administrative cost shall not |
10 | exceed 3% of the gross terminal revenue received |
11 | by the fourth class county annually from the |
12 | licensed facility. Where the licensed facility is |
13 | located solely within the municipal boundaries of |
14 | a second class township in a fourth class county, |
15 | the legislative delegation of such fourth class |
16 | county in which the licensed facility is located |
17 | shall appoint an advisory committee for the |
18 | purpose of determining the need for and awarding |
19 | grants to eligible municipalities for economic |
20 | development projects, job training projects, |
21 | community improvement projects and other projects |
22 | in the public interest. The advisory committees |
23 | shall be comprised of one member of the |
24 | legislative delegation and eight individuals from |
25 | the county, with at least one each representing a |
26 | borough's association, a township supervisors' |
27 | association and a third class city association. |
28 | The five remaining members shall be resident |
29 | individuals representing the business sector, |
30 | economic development organizations and the |
|
1 | general public. Notwithstanding the provisions of |
2 | the act of February 9, 1999 (P.L.1, No.1), known |
3 | as the Capital Facilities Debt Enabling Act, |
4 | grants made under this clause may be utilized as |
5 | local matching funds for other grants or loans |
6 | from the Commonwealth. |
7 | (II) From the total amount of the gross terminal |
8 | revenue calculated for distribution to the host |
9 | county and host municipality from a licensed |
10 | facility located solely within the municipal |
11 | boundaries of a second class township in a county |
12 | of the fourth class in accordance with subclause |
13 | (I), the Department of Community and Economic |
14 | Development shall distribute to each eligible |
15 | municipality an amount calculated by using a |
16 | formula of $30,000 plus $10 per resident, based |
17 | on the latest United States decennial census, of |
18 | each such eligible municipality; provided, |
19 | however, that the amount so distributed to any |
20 | eligible municipality shall not exceed 50% of its |
21 | total budget for fiscal year 2009-2010, adjusted |
22 | for inflation in subsequent fiscal years by an |
23 | amount not to exceed an annual cost-of-living |
24 | adjustment calculated by applying the percentage |
25 | change in the Consumer Price Index immediately |
26 | prior to the date the adjustment is due to take |
27 | effect. In no case shall any funds distributed |
28 | under this subclause be distributed to the host |
29 | municipality. The gross terminal revenue |
30 | authorized for distribution under this subclause |
|
1 | shall be distributed directly to the eligible |
2 | municipalities by the Department of Community and |
3 | Economic Development. Any funds remaining after |
4 | the distribution shall be distributed by the |
5 | advisory committee for the purposes, except for |
6 | administrative costs, provided in subclause (I) |
7 | in accordance with regulations, guidelines, |
8 | procedures or policies, as the case may be, |
9 | adopted by the Department of Community and |
10 | Economic Development. |
11 | (F) Counties of the fifth through eighth |
12 | classes: 2% of the gross table game revenue from |
13 | each licensed table game facility shall be deposited |
14 | into a restricted account established in the |
15 | Department of Community and Economic Development to |
16 | be used exclusively for grants to the county. |
17 | (G) Any county not specifically enumerated in |
18 | clauses (A) through (F), 2% of the gross table game |
19 | revenue to the county hosting the licensed table game |
20 | facility from each facility. |
21 | (ii) If the licensed table game facility is also a |
22 | Category 1 licensed facility pursuant to 4 Pa.C.S. § 1302 |
23 | and is located at a thoroughbred racetrack and the county |
24 | in which the licensed facility is located is: |
25 | (A) A county of the first class: 2% of the |
26 | gross table game revenue to the county hosting the |
27 | licensed table game facility from each facility. |
28 | Notwithstanding any other provision to the contrary, |
29 | funds from licensed gaming entities located within |
30 | the county of the first class shall not be |
|
1 | distributed outside of a county of the first class. |
2 | (B) A county of the second class: 2% of the |
3 | gross table game revenue to the county hosting the |
4 | licensed table game facility from each licensed |
5 | facility. |
6 | (C) A county of the second class A: 1% of the |
7 | gross table game revenue to the county hosting the |
8 | licensed table game facility from each facility and |
9 | an additional 1% of the gross table game revenue to |
10 | the county hosting the licensed table game facility |
11 | from each facility for the purpose of municipal |
12 | grants within the county in which the licensee is |
13 | located. |
14 | (D) A county of the third class: 1% of the |
15 | gross table game revenue to the county hosting the |
16 | licensed table game facility from each licensed |
17 | facility and an additional 1% of the gross table game |
18 | revenue to the county hosting the licensed table game |
19 | facility from each licensed table game facility for |
20 | the purpose of municipal grants within the county in |
21 | which the licensee is located. |
22 | (E) A county of the fourth class: 2% of the |
23 | gross table game revenue from each licensed table |
24 | game facility shall be deposited into a restricted |
25 | account established by the Department of Community |
26 | and Economic Development to be used exclusively for |
27 | grants to the county, to economic development |
28 | authorities or organizations within the county or |
29 | redevelopment authorities within the county for |
30 | grants for economic development projects, community |
|
1 | improvement projects, job training, other projects in |
2 | the public interest and reasonable administrative |
3 | costs. Notwithstanding the Capital Facilities Debt |
4 | Enabling Act, grants made under this clause may be |
5 | utilized as local matching funds for other grants or |
6 | loans from the Commonwealth. |
7 | (F) Counties of the fifth through eighth |
8 | classes: 2% of the gross table game revenue from |
9 | each licensed table game facility shall be deposited |
10 | into a restricted account established in the |
11 | Department of Community and Economic Development to |
12 | be used exclusively for grants to the county. |
13 | (G) Any county not specifically enumerated in |
14 | clauses (A) through (F): 2% of the gross table game |
15 | revenue to the county hosting the licensed table game |
16 | facility from each licensed table game facility. |
17 | (iii) If the table game facility is also a Category |
18 | 2 licensed facility pursuant to 4 Pa.C.S. § 1304 |
19 | (relating to Category 2 slot machine license) and if the |
20 | county in which the facility is located is: |
21 | (A) A county of the first class: 2% of the |
22 | gross table game revenue to the county hosting the |
23 | licensed table game facility from each facility. |
24 | Notwithstanding any other provision to the contrary, |
25 | funds from licensed table game entities located |
26 | within the county of the first class shall not be |
27 | distributed outside of a county of the first class. |
28 | (B) A county of the second class: 2% of the |
29 | gross table game revenue to the county hosting the |
30 | licensed table game facility from each facility. |
|
1 | (C) A county of the second class A: 1% of the |
2 | gross table game revenue to the county hosting the |
3 | licensed table game facility from each facility. An |
4 | additional 1% of the gross table game revenue to the |
5 | county hosting the licensed table game facility from |
6 | each facility for the purpose of municipal grants |
7 | within the county in which the licensee is located. |
8 | (D) A county of the third class: 1% of the |
9 | gross table game revenue to the county hosting the |
10 | licensed table game facility from each licensed |
11 | facility. An additional 1% of the gross table game |
12 | revenue to the county hosting the licensed table game |
13 | facility from each facility for the purpose of |
14 | municipal grants within the county in which the |
15 | licensee is located. |
16 | (D.1) If a licensed facility is located in one |
17 | of two counties of the third class where a city of |
18 | the third class is located in both counties of the |
19 | third class, the county in which the licensed |
20 | facility is located shall receive 1.2% of the gross |
21 | table game revenue to be distributed as follows: 20% |
22 | to the host city, 30% to the host county and 50% to |
23 | the host county for the purpose of making municipal |
24 | grants within the county, with priority given to |
25 | municipalities contiguous to the host city. The |
26 | county of the third class, which includes a city of |
27 | the third class that is located in two counties of |
28 | the third class and is not the host county for the |
29 | licensed table game facility, shall receive .8% of |
30 | the gross table game revenue to be distributed as |
|
1 | follows: 60% to a nonhost city of the third class |
2 | located solely in the nonhost county in which the |
3 | host city of the third class is also located or 60% |
4 | to the nonhost city of the third class located both |
5 | in the host and nonhost counties of the third class; |
6 | 35% to the nonhost county and 5% to the nonhost |
7 | county for the purpose of making municipal grants |
8 | within the county. |
9 | (E) A county of the fourth class: 2% of the |
10 | gross table game revenue from each licensed table |
11 | game facility shall be deposited into a restricted |
12 | account established in the Department of Community |
13 | and Economic Development to be used exclusively for |
14 | grants to the county, to economic development |
15 | authorities or organizations within the county or |
16 | redevelopment authorities within the county for |
17 | grants for economic development projects, community |
18 | improvement projects, job training, other projects in |
19 | the public interest and reasonable administrative |
20 | costs. Notwithstanding the Capital Facilities Debt |
21 | Enabling Act, grants made under this clause may be |
22 | utilized as local matching funds for other grants or |
23 | loans from the Commonwealth. |
24 | (F) Counties of the fifth class: 2% of the |
25 | gross table game revenue from each licensed table |
26 | game facility shall be deposited and distributed as |
27 | follows: |
28 | (I) One percent shall be deposited into a |
29 | restricted receipts account in the Department of |
30 | Community and Economic Development to be used |
|
1 | exclusively for grants within the county for |
2 | economic development projects, community |
3 | improvement projects and other projects in the |
4 | public interest within the county. The amount |
5 | distributed under this subclause shall include |
6 | reasonable administrative costs. |
7 | (II) One percent shall be deposited into a |
8 | restricted receipts account in the Department of |
9 | Community and Economic Development to be used |
10 | exclusively for grants within contiguous counties |
11 | for economic development projects, community |
12 | improvement projects and other projects in the |
13 | public interest within contiguous counties. The |
14 | amount distributed under this subclause shall |
15 | include reasonable administrative costs. |
16 | (G) Any county not specifically enumerated in |
17 | clauses (A) through (F): 1% of the gross table game |
18 | revenue to the county hosting the licensed table game |
19 | facility from each licensed table game facility. |
20 | (iv) If the licensed table game facility is also a |
21 | Category 3 licensed facility pursuant to 4 Pa.C.S. § 1305 |
22 | (relating to Category 3 slot machine license), 1% of the |
23 | gross table game revenue from each facility shall be |
24 | deposited into a restricted account established in the |
25 | Department of Community and Economic Development to be |
26 | used exclusively for grants to the county, to economic |
27 | development authorities or redevelopment authorities |
28 | within the county for grants for economic development |
29 | projects and community improvement projects. |
30 | (v) Unless otherwise specified, for the purposes of |
|
1 | this paragraph, money designated for municipal grants |
2 | within a county, other than a county of the first class |
3 | in which a licensed table game facility is located shall |
4 | be used to fund grants to the municipality in which the |
5 | licensed table game facility is located, to the county in |
6 | which the licensed table game facility is located and to |
7 | the municipalities that are contiguous to the |
8 | municipality in which the facility is located and that |
9 | are located within the county in which the licensed table |
10 | game facility is located. Grants shall be administered by |
11 | the county through its economic development or |
12 | redevelopment authority in which the licensed table game |
13 | facility is located. Grants shall be used to fund the |
14 | costs of human services, infrastructure improvements, |
15 | facilities, emergency services, health and public safety |
16 | expenses. If at the end of a fiscal year uncommitted |
17 | funds exist, the county shall pay such uncommitted funds |
18 | to the economic development or redevelopment authority of |
19 | the county in which the licensed table game facility is |
20 | located. |
21 | (vi) If the licensed table game facility is located |
22 | in more than one county, the amount available shall be |
23 | distributed on a ratio basis determined by the ratio of |
24 | acreage located in each county to the total acreage of |
25 | all counties occupied by the licensed facility. |
26 | (vii) The distributions provided in this paragraph |
27 | shall be based upon county classifications in effect on |
28 | the effective date of this section. Any reclassification |
29 | of counties as a result of a Federal decennial census or |
30 | of a State statute shall not apply to this subparagraph. |
|
1 | (viii) If any provision of this paragraph is found |
2 | to be unenforceable for any reason, the distribution |
3 | provided for in the unenforceable provision shall be made |
4 | to the county in which the licensed table game facility |
5 | is located for the purposes of grants to municipalities |
6 | in that county, including municipal grants as specified |
7 | in subparagraph (v). |
8 | (ix) Nothing in this paragraph shall prevent any of |
9 | the counties which directly receive a distribution under |
10 | this section from entering into intergovernmental |
11 | cooperative agreements with other jurisdictions for the |
12 | sharing of gross table game revenue. |
13 | (3) From the local share assessment established in |
14 | subsection (b), make quarterly distributions among the |
15 | municipalities, including home rule municipalities, hosting a |
16 | licensed table game facility in accordance with the following |
17 | schedule: |
18 | (i) To a city of the second class hosting a licensed |
19 | table game facility or facilities that are not operated |
20 | in a Category 3 licensed facility, 1% of the gross table |
21 | game revenue or $5,000,000 annually, whichever is |
22 | greater, shall be paid by each licensed table game entity |
23 | operating a licensed table game facility in that city. In |
24 | the event the revenues generated by the 1% do not meet |
25 | the $5,000,000 minimum specified in this subparagraph, |
26 | the department shall collect the remainder of the minimum |
27 | amount of $5,000,000 from each licensed table game entity |
28 | operating a licensed table game facility or facilities in |
29 | the city and deposit that amount in the city treasury. |
30 | (ii) To a city of the second class A hosting a |
|
1 | licensed table game facility or facilities that are not |
2 | operated in a Category 3 licensed facility, 1% of the |
3 | gross table game revenue or $5,000,000 annually, |
4 | whichever is greater, shall be paid by each licensed |
5 | table game entity operating a licensed table game |
6 | facility located in that city, subject, however, to the |
7 | budgetary limitation in this subparagraph. The amount |
8 | allocated to the designated municipalities shall not |
9 | exceed 50% of their total budget for fiscal year |
10 | 2007-2008, adjusted for inflation in subsequent years by |
11 | an amount not to exceed an annual cost-of-living |
12 | adjustment calculated by applying the percentage change |
13 | in the Consumer Price Index, immediately prior to the |
14 | date the adjustment is due to take effect. Any remaining |
15 | moneys shall be collected by the department from each |
16 | licensed table game entity and distributed in accordance |
17 | with paragraph (2) based upon the classification of the |
18 | county where the licensed table game facility or |
19 | facilities are located. In the event that the revenues |
20 | generated by the 1% do not meet the $5,000,000 minimum |
21 | specified in this subparagraph, the department shall |
22 | collect the remainder of the minimum amount of $5,000,000 |
23 | from each licensed table game entity operating a licensed |
24 | table game facility in the city, pay any balance due to |
25 | the city and transfer any remaining balance in accordance |
26 | with paragraph (2). |
27 | (iii) To a city of the third class hosting a |
28 | licensed table game facility or facilities that are not a |
29 | Category 3 licensed facility, 1% of the gross table game |
30 | revenue or $5,000,000 annually, whichever is greater, |
|
1 | shall be paid by each licensed table game entity |
2 | operating a licensed table game facility located in that |
3 | city, subject, however, to the budgetary limitation in |
4 | this subparagraph. In the event that the city has |
5 | executed a written agreement with the licensed table game |
6 | entity prior to the effective date of this act, the |
7 | amount paid pursuant to the written agreement to the city |
8 | shall be applied and credited to the difference between |
9 | 1% of gross table game revenue and the $5,000,000 owed |
10 | under this subparagraph, if the 1% of the gross table |
11 | game is less than $5,000,000. If 1% of the gross table |
12 | game revenue is greater than the $5,000,000 required to |
13 | be paid under this subparagraph, the credit shall not |
14 | apply. The amount of gross table game revenue required to |
15 | be paid pursuant to the agreement shall be deemed to be |
16 | gross terminal revenue for the purposes of this |
17 | subparagraph. The amount allocated to the designated |
18 | municipalities shall not exceed 50% of their total budget |
19 | for fiscal year 2007-2008, adjusted for inflation in |
20 | subsequent years by an amount not to exceed an annual |
21 | cost-of-living adjustment calculated by applying the |
22 | percentage change in the Consumer Price Index, |
23 | immediately prior to the date the adjustment is due to |
24 | take effect. Any remaining moneys shall be collected by |
25 | the department from each licensed table game entity and |
26 | distributed in accordance with paragraph (2) based upon |
27 | the classification of the county where the licensed table |
28 | game facility is located. In the event that the revenues |
29 | generated by the 1% do not meet the $5,000,000 minimum |
30 | specified in this subparagraph, the department shall |
|
1 | collect the remainder of the minimum amount of $5,000,000 |
2 | from each licensed table game entity operating a licensed |
3 | table game facility or facilities in the city, pay any |
4 | balance due to the city of the third class and transfer |
5 | any remainder in accordance with paragraph (2). |
6 | (iii.1) If a licensed table game facility is located |
7 | in a city of the third class and the city is located in |
8 | more than one county of the third class, 1% of the gross |
9 | table game revenue or $5,000,000 annually, whichever is |
10 | greater, shall be distributed as follows: 80% to the |
11 | host city and 20% to the city of the third class located |
12 | solely in the nonhost county in which the host city of |
13 | the third class is also located. If a licensed table game |
14 | facility is located in a city of the third class and that |
15 | city is located solely in a host county of the third |
16 | class in which a nonhost city of the third class is also |
17 | located, 1% of gross table game revenues or $5,000,000 |
18 | annually, whichever is greater, shall be distributed as |
19 | follows: 80% to the host city and 20% to a city of the |
20 | third class located both in a nonhost county of the third |
21 | class and in a host county of the third class and in a |
22 | host county of the third class in which the host city of |
23 | the third class is located. |
24 | (iv) To a township of the first class hosting a |
25 | licensed table game facility or facilities that are not |
26 | operated in a Category 3 licensed facility, 1% of the |
27 | gross table game revenue or $5,000,000 annually, |
28 | whichever is greater, shall be paid by each licensed |
29 | table game entity operating a licensed table game |
30 | facility or facilities located in the township, subject, |
|
1 | however, to the budgetary limitation in this |
2 | subparagraph. The amount allocated to the designated |
3 | municipalities shall not exceed 50% of their total budget |
4 | for fiscal year 2007-2008, adjusted for inflation in |
5 | subsequent years by an amount not to exceed an annual |
6 | cost-of-living adjustment calculated by applying the |
7 | percentage change in the Consumer Price Index immediately |
8 | prior to the date the adjustment is due to take effect. |
9 | Any remaining money shall be collected by the department |
10 | from each licensed table game entity and distributed in |
11 | accordance with paragraph (2) based upon the |
12 | classification of the county where the licensed table |
13 | game facility or facilities are located. In the event |
14 | that the revenues generated by the 1% do not meet the |
15 | $5,000,000 minimum specified in this subparagraph, the |
16 | department shall collect the remainder of the minimum |
17 | amount of $5,000,000 from each licensed table game entity |
18 | operating a licensed table game facility in the township, |
19 | pay any balance due to the township and transfer any |
20 | remainder in accordance with paragraph (2). |
21 | (v) To a township of the second class hosting a |
22 | licensed table game facility or facilities that are not |
23 | operated in a Category 3 licensed facility, 1% of the |
24 | gross table game revenue or $5,000,000 annually, |
25 | whichever is greater, shall be paid by each licensed |
26 | table game entity operating a licensed table game |
27 | facility or facilities in the township, subject, however, |
28 | to the budgetary limitation in this subparagraph. The |
29 | amount allocated to the designated municipalities shall |
30 | not exceed 50% of their total budget for fiscal year |
|
1 | 2007-2008, adjusted for inflation in subsequent years by |
2 | an amount not to exceed an annual cost-of-living |
3 | adjustment calculated by applying the percentage change |
4 | in the Consumer Price Index immediately prior to the date |
5 | the adjustment is due to take effect. Any remaining money |
6 | shall be collected by the department from each licensed |
7 | table game entity and distributed in accordance with |
8 | paragraph (2) based upon the classification of the county |
9 | where the licensed table game facility or facilities are |
10 | located. Where the licensed table game facility is other |
11 | than a Category 3 facility and is located in more than |
12 | one second class township, the county commissioners of |
13 | the county of the third class in which the table game |
14 | facility or facilities are located shall appoint an |
15 | advisory committee for the purpose of advising the county |
16 | as to the need for municipal grants for health, safety, |
17 | transportation and other projects in the public interest |
18 | to be comprised of two individuals from the host |
19 | municipality, two from contiguous municipalities within |
20 | the county of the third class and one from the host |
21 | county. A county other than a county of the third class |
22 | in which the licensed table game facility or facilities |
23 | are located shall not be required to appoint an advisory |
24 | committee and may use gross table game revenue received |
25 | under this subparagraph for purposes other than municipal |
26 | grants. In the event that the revenues generated by the |
27 | 1% do not meet the $5,000,000 minimum specified in this |
28 | subparagraph, the department shall collect the remainder |
29 | of the minimum amount of $5,000,000 from each licensed |
30 | table game entity operating a licensed table game |
|
1 | facility or facilities in the township, pay any balance |
2 | due to the township and transfer any remainder in |
3 | accordance with paragraph (2). |
4 | (vi) To a borough hosting a licensed table game |
5 | facility or facilities that are not operated in a |
6 | Category 3 licensed facility, 1% of the gross table game |
7 | revenue or $5,000,000 annually, whichever is greater, |
8 | shall be paid by each licensed table game entity |
9 | operating a licensed facility or facilities in that |
10 | borough, subject, however, to the budgetary limitation in |
11 | this subparagraph. The amount allocated to the designated |
12 | municipalities shall not exceed 50% of their total budget |
13 | for fiscal year 2007-2008, adjusted for inflation in |
14 | subsequent years by an amount not to exceed an annual |
15 | cost-of-living adjustment calculated by applying the |
16 | percentage change in the Consumer Price Index immediately |
17 | prior to the date the adjustment is due to take effect. |
18 | Any remaining money shall be collected by the department |
19 | from each licensed table game entity and distributed in |
20 | accordance with paragraph (2) based upon the |
21 | classification of the county where the licensed table |
22 | game facility or facilities are located. In the event |
23 | that the revenues generated by the 1% do not meet the |
24 | $5,000,000 minimum specified in this subparagraph, the |
25 | department shall collect the remainder of the minimum |
26 | amount of $5,000,000 from each licensed table game entity |
27 | operating the licensed table game facility or facilities |
28 | in the borough, pay any balance due to the borough and |
29 | transfer any remainder in accordance with paragraph (2). |
30 | (vii) To an incorporated town hosting a licensed |
|
1 | table game facility or facilities that are not operated |
2 | in a Category 3 licensed facility, 1% of the gross table |
3 | game revenue or $5,000,000 annually, whichever is |
4 | greater, shall be paid by each licensed table game entity |
5 | operating a licensed table game facility located in the |
6 | town, subject, however, to the budgetary limitation in |
7 | this subparagraph. The amount allocated to the designated |
8 | municipalities shall not exceed 50% of their total budget |
9 | for fiscal year 2007-2008, adjusted for inflation in |
10 | subsequent years by an amount not to exceed an annual |
11 | cost-of-living adjustment calculated by applying the |
12 | percentage change in the Consumer Price Index immediately |
13 | prior to the date the adjustment is due to take effect. |
14 | Any remaining money shall be collected by the department |
15 | from each licensed table game entity and distributed in |
16 | accordance with paragraph (2) based upon the |
17 | classification of the county where the licensed table |
18 | game facility or facilities are located. In the event |
19 | that the revenues generated by the 1% do not meet the |
20 | $5,000,000 minimum specified in this subparagraph, the |
21 | department shall collect the remainder of the minimum |
22 | amount of $5,000,000 from each licensed table gaming |
23 | entity operating a licensed table game facility or |
24 | facilities in the incorporated town, pay any balance due |
25 | to the town and transfer any remainder in accordance with |
26 | paragraph (2). |
27 | (viii) To a municipality of any class hosting a |
28 | Category 3 facility, 1% of the gross table game revenue |
29 | from the Category 3 licensed table game facility located |
30 | in the municipality, subject, however, to the budgetary |
|
1 | limitation in this subparagraph. The amount allocated to |
2 | the designated municipalities shall not exceed 50% of |
3 | their total budget for fiscal year 2007-2008, adjusted |
4 | for inflation in subsequent years by an amount not to |
5 | exceed an annual cost-of-living adjustment calculated by |
6 | applying the percentage change in the Consumer Price |
7 | Index immediately prior to the date the adjustment is due |
8 | to take effect. Any remaining money shall be collected by |
9 | the department from each Category 3 licensed table game |
10 | entity and distributed in accordance with paragraph (2) |
11 | based upon classification of the county where the |
12 | licensed Category 3 table game facility or facilities are |
13 | located. |
14 | (ix) Any municipality not specifically enumerated in |
15 | subparagraphs (i) through (viii), 1% of the gross table |
16 | game revenue to the municipality hosting the licensed |
17 | table game facility from each such licensed facility. |
18 | (x) If the licensed table game facility is located |
19 | in more than one municipality, the amount available shall |
20 | be distributed on a pro rata basis determined by the |
21 | ratio of acreage located in each municipality to the |
22 | total acreage of all municipalities occupied by the |
23 | licensed table game facility. |
24 | (xi) If the licensed table game facility is located |
25 | at a resort that is also an incorporated municipality, |
26 | the municipality shall not be eligible to receive any |
27 | distribution under this paragraph. The distribution it |
28 | would have otherwise been entitled to under this |
29 | paragraph shall instead be distributed in accordance with |
30 | paragraph (2) based upon the county where the licensed |
|
1 | table game facility is located. |
2 | (xii) The distributions provided in this paragraph |
3 | shall be based upon municipal classifications in effect |
4 | on the effective date of this section. For the purposes |
5 | of this paragraph, any reclassification of municipalities |
6 | as a result of a Federal decennial census or of a State |
7 | statute shall not apply to this paragraph. |
8 | (xiii) If any provision of this paragraph is found |
9 | to be unenforceable for any reason, the distribution |
10 | provided for in the unenforceable provision shall be made |
11 | to the municipality in which the licensed table game |
12 | facility is located. |
13 | (xiv) Nothing in this paragraph shall prevent any of |
14 | the above municipalities from entering into |
15 | intergovernmental cooperative agreements with other |
16 | jurisdictions for sharing of local share from gross table |
17 | game revenue. |
18 | (xv) Notwithstanding any other law, agreement or |
19 | provision of this act to the contrary, all table game |
20 | revenue provided, directed or earmarked under this |
21 | section to or for the benefit of a city of the second |
22 | class in which an intergovernmental cooperation authority |
23 | has been established and is in existence pursuant to the |
24 | act of February 12, 2004 (P.L.73, No.11), known as the |
25 | Intergovernmental Cooperation Authority Act for Cities of |
26 | the Second Class, shall be directed to and under the |
27 | exclusive control of such intergovernmental cooperation |
28 | authority to be used: |
29 | (A) To reduce the debt of the second class city. |
30 | (B) To increase the level of funding of the |
|
1 | municipal pension funds of the second class city. |
2 | (C) For any other purposes as determined to be |
3 | in the best interest of the city of the second class |
4 | by the intergovernmental cooperation authority. Gross |
5 | table game revenues shall not be directed to or under |
6 | the control of such city of the second class or any |
7 | coordinator appointed pursuant to the act of July 10, |
8 | 1987 (P.L.246, No.47), known as the Municipalities |
9 | Financial Recovery Act, for a city of the second |
10 | class. |
11 | Section 2304. Distribution to agricultural programs. |
12 | (a) Distribution.--The department shall collect and each |
13 | licensed table game entity shall pay a daily assessment of 1% of |
14 | its daily gross table game revenue from table game operations to |
15 | the department for allocation to the Department of Agriculture. |
16 | (b) Eligible uses.--The daily assessment collected by the |
17 | department in accordance with subsection (a) shall be used for |
18 | the following purposes and for no other purpose: |
19 | (1) Eighty percent of the daily assessment shall be used |
20 | by the Pennsylvania Higher Education Assistance Agency for |
21 | the agriculture loan forgiveness program established under |
22 | the act of June 26, 1992 (P.L.322, No.64), known as the |
23 | Agriculture Education Loan Forgiveness Act. |
24 | (2) Ten percent of the daily assessment shall be used by |
25 | the Department of Agriculture for agriculture and rural youth |
26 | programs in accordance with the requirements of the act of |
27 | August 6, 1991 (P.L.326, No.33), known as the Agriculture and |
28 | Rural Youth Development Act. |
29 | (3) Ten percent of the daily assessment shall be used by |
30 | the Department of Agriculture for payments to each county |
|
1 | agricultural society that conducts harness racing at county |
2 | agricultural fairs for track and stable repair and |
3 | maintenance. |
4 | (c) Annual appropriations.--The allocations set forth in |
5 | subsection (b) shall be transferred to the Pennsylvania Higher |
6 | Education Assistance Agency and the Department of Agriculture |
7 | upon appropriation by the General Assembly. |
8 | Section 2305. Consumer Price Index. |
9 | For purposes of this chapter, any reference to the Consumer |
10 | Price Index shall mean the Consumer Price Index for the |
11 | Pennsylvania, New Jersey, Delaware and Maryland area for the |
12 | most recent 12-month period for which figures have been |
13 | officially reported by the United States Department of Labor, |
14 | Bureau of Labor Statistics. |
15 | CHAPTER 24 |
16 | ADMINISTRATION AND ENFORCEMENT |
17 | Section 2401. Authority and responsibility of department. |
18 | (a) General duties.--The department shall have the authority |
19 | to collect the taxes and the local share assessment imposed |
20 | under this act and interest imposed pursuant to section 806 of |
21 | the act of April 7, 1929 (P.L.343, No.176), known as the Fiscal |
22 | Code. The department shall have the authority to prescribe the |
23 | forms and the systems of accounting and recordkeeping that shall |
24 | be deployed and, through its representatives, shall at all times |
25 | have power of access to and examination and audit of any and all |
26 | records relating to the table game tax and local share |
27 | assessment imposed and collected under section 2303. |
28 | (b) Inspections.--The department shall have the authority, |
29 | without notice, to inspect, examine, audit and impound all |
30 | books, records, ledgers and documents pertaining to the |
|
1 | financial affairs of a table game licensee's table game |
2 | activities. |
3 | (c) Regulations.--In collaboration with the board, the |
4 | department may promulgate regulations to carry out its duties |
5 | under this section. |
6 | Section 2402. Powers and duties of bureau. |
7 | The bureau shall have the following powers and duties: |
8 | (1) Investigate all applications for a license, permit |
9 | or registration under this act promptly and in reasonable |
10 | order as directed by the board. |
11 | (2) Provide the board with all information necessary for |
12 | all action related to an application for a license, permit or |
13 | registration under this act and for all proceedings involving |
14 | administrative enforcement of this act. |
15 | (3) Investigate the qualifications of each applicant |
16 | before any license, permit or registration is issued under |
17 | this act. |
18 | (4) Investigate the circumstances surrounding any act or |
19 | transaction for which board approval or qualification is |
20 | required. |
21 | (5) Investigate administrative violations of this act |
22 | and regulations promulgated under this act. |
23 | (6) Initiate administrative proceedings before the board |
24 | for violations of any provisions of this act or regulations |
25 | promulgated pursuant to this act as the board may request. |
26 | (7) Conduct continuing review of table game operations |
27 | through on-site visits and other reasonable means to ensure |
28 | compliance with this act and regulations of the board. |
29 | (8) Receive and take appropriate action on any referral |
30 | from the board relating to any evidence of a violation of |
|
1 | this act or regulations promulgated by the board. |
2 | (9) Conduct audits of table game operations at a time, |
3 | under such circumstances, and to the extent the bureau |
4 | determines, including audit reviews of accounting, |
5 | administrative and financial records and management control |
6 | systems, procedures and records utilized by a licensee. |
7 | (10) Conduct administrative inspections of the premises |
8 | of a licensed table game facility to ensure compliance with |
9 | this act and the regulations of the board and, in the course |
10 | of such inspections, review and make copies of all documents |
11 | and records that may be required through on-site observation |
12 | and other reasonable means to ensure continual compliance |
13 | with this act and regulations promulgated under this act. |
14 | (11) Refer all suspected criminal violations to the |
15 | Pennsylvania State Police for investigation or the Office of |
16 | Attorney General and cooperate fully in the investigation and |
17 | prosecution of any criminal violation that may arise under |
18 | this act. |
19 | (12) Request and receive information, materials and any |
20 | other data for any licensee, permittee or registrant, or |
21 | applicant for a license, permit or registration under this |
22 | act. |
23 | (13) Inspect and examine all premises in which table |
24 | games are conducted or table game devices, apparatuses, |
25 | supplies or equipment is manufactured, sold, distributed, |
26 | repaired or serviced, or in which any records of these |
27 | activities are prepared or maintained. |
28 | Section 2403. Duties of Pennsylvania State Police. |
29 | It shall be the duty of the Pennsylvania State Police to: |
30 | (1) Promptly investigate all applicants, licensees, |
|
1 | permittees or registrants as may be directed by the board. |
2 | The Pennsylvania State Police may contract with other law |
3 | enforcement annuitants to assist in the conduct of |
4 | investigations under this paragraph. |
5 | (2) Initiate proceedings for any criminal violations of |
6 | this act or regulations promulgated under this act. |
7 | (3) Provide the bureau with all the information |
8 | necessary for any action under this act for all proceedings |
9 | involving criminal enforcement of this act or regulations |
10 | promulgated under this act. |
11 | (4) When warranted for a suspected violation of this |
12 | act, inspect all equipment, apparatuses, devices and supplies |
13 | in, about, upon or around the premises where table games are |
14 | conducted. |
15 | (5) When warranted for a suspected violation of this |
16 | act, seize summarily and remove any equipment, apparatuses, |
17 | devices or supplies from the premises where table games are |
18 | conducted and impound the same for the purposes of |
19 | examination and inspection. |
20 | (6) When warranted for a suspected violation of this |
21 | act, inspect, examine and audit all books, records and |
22 | documents pertaining to a table game licensee's operation. |
23 | (7) When warranted for a suspected violation of this |
24 | act, seize, impound or assume physical control of any book, |
25 | record, ledger, game, device, apparatus, equipment, cash box |
26 | or drop box and its contents, counting room equipment or any |
27 | other device used in the conduct of table games. |
28 | (8) When warranted for a suspected violation of this |
29 | act, inspect the person and personal effects present in a |
30 | table game facility of any holder of a license, permit or |
|
1 | registration issued under this act while that person is |
2 | present in the licensed facility. |
3 | (9) Enforce any criminal violations of this act. |
4 | (10) Fingerprint applicants for licenses, permits and |
5 | registrations under this act. |
6 | (11) Exchange fingerprint data with and receive national |
7 | criminal history record information from the Federal Bureau |
8 | of Investigation or from a similar law enforcement agency of |
9 | any foreign jurisdiction for use in the investigation of |
10 | applicants for any license, permit or registration under this |
11 | act. Nothing in this act shall be construed to prohibit the |
12 | Pennsylvania State Police from entering into reciprocal |
13 | agreements with other gaming jurisdictions, foreign or |
14 | domestic, for the receipt and exchange of fingerprint data. |
15 | (12) Inform the bureau of any adverse information, |
16 | material or data it may receive in the course of an |
17 | investigation of any applicant for a license, permit or |
18 | registration or other qualification under this act. |
19 | (13) Receive and take appropriate action on any referral |
20 | or request from the bureau relating to criminal conduct or a |
21 | suspected violation of this act. |
22 | (14) Require the production of any information, material |
23 | or other data from any applicant, licensee, permittee or |
24 | registrant. |
25 | Section 2404. Inspections. |
26 | (a) Authority to inspect.--The bureau and the Pennsylvania |
27 | State Police and employees and agents of the bureau and |
28 | Pennsylvania State Police shall have the authority, without |
29 | notice and without warrant, to: |
30 | (1) Inspect and examine all premises where table games |
|
1 | are conducted or where table game equipment, apparatuses, |
2 | devices and supplies are manufactured, sold, distributed, |
3 | serviced or repaired or where any records of these activities |
4 | are prepared or maintained. |
5 | (2) Inspect all table game equipment, apparatuses, |
6 | devices and supplies in, about or around such premises |
7 | referenced in paragraph (1). |
8 | (3) Seize and remove from such premises referenced in |
9 | paragraph (1), any table game equipment, apparatuses, devices |
10 | and supplies for the purpose of examination and inspection. |
11 | (4) Inspect, examine and audit all books, records and |
12 | documents pertaining to a table game licensee's table game |
13 | operations and activities. |
14 | (5) Seize, impound or assume physical control of any |
15 | book, record, ledger, game device, cash box and its contents, |
16 | counting room or its equipment or lockbox and its contents. |
17 | (6) Make administrative inspections when appropriate to |
18 | check for compliance by any applicant for a license, |
19 | licensee, permittee, registrant, intermediary company, |
20 | subsidiary or holding company with this act and regulations |
21 | promulgated pursuant to this act and to investigate |
22 | violations thereof. |
23 | (b) Warrantless searches.--Nothing in this chapter shall be |
24 | construed to prohibit or limit warrantless inspections by the |
25 | Pennsylvania State Police except in accordance with |
26 | constitutional requirements or to prevent entries and |
27 | administrative inspections, including seizure of property, |
28 | without a warrant as follows: |
29 | (1) With the consent of the licensee, operator or agent |
30 | in charge of the premises. |
|
1 | (2) In situations presenting imminent danger to public |
2 | health or safety. |
3 | (3) In situations involving inspection of conveyances |
4 | where there is reasonable cause to believe that the mobility |
5 | of the conveyance makes it impractical to obtain a warrant or |
6 | in any other exceptional or emergency circumstance where time |
7 | or opportunity to apply for a warrant is lacking. |
8 | (4) In accordance with this act or regulations |
9 | promulgated pursuant to this act. |
10 | (5) In any other situations where a warrant is not |
11 | constitutionally required. |
12 | (c) Administrative warrants.--To effectuate the purposes of |
13 | this act, the bureau and the Pennsylvania State Police may |
14 | obtain administrative warrants for the inspection and seizure of |
15 | property possessed, controlled, bailed or otherwise held by an |
16 | applicant for a table game licensee, a licensee, permittee, |
17 | registrant or any other person required to be qualified under |
18 | this act or an intermediary, subsidiary, affiliate or holding |
19 | company. |
20 | (d) Information sharing.--With respect to the |
21 | administration, supervision and enforcement of this act, the |
22 | bureau, the Pennsylvania State police or the Office of Attorney |
23 | General may obtain or provide pertinent information regarding |
24 | applicants for a table game license, permit, registration or |
25 | qualification from or to law enforcement agencies or casino or |
26 | gaming authorities of the Commonwealth and other domestic and |
27 | foreign jurisdictions, including the Federal Bureau of |
28 | Investigation or similarly situated law enforcement agencies of |
29 | foreign jurisdictions, and may transmit the information to these |
30 | agencies electronically. |
|
1 | CHAPTER 25 |
2 | PROHIBITIONS |
3 | Section 2501. Prohibitions. |
4 | (a) Prohibitions.--It shall be unlawful: |
5 | (1) To willfully fail to report, pay or truthfully |
6 | account for and pay any fee or tax imposed under this act or |
7 | willfully attempt in any manner to evade or defeat payment of |
8 | any fee or tax imposed under this act. |
9 | (2) To permit table games to be conducted, operated, |
10 | dealt or carried on in a licensed table game facility by a |
11 | person other than a person licensed pursuant to this act. |
12 | (3) To carry on or expose for play any authorized table |
13 | game after a license has expired and prior to the actual |
14 | renewal of an expired license. |
15 | (4) To knowingly conduct, carry on, operate, deal or |
16 | allow for the conducting, carrying on, operating or dealing |
17 | of any cheating game, device or apparatus. |
18 | (5) To knowingly deal, conduct, carry on, operate or |
19 | expose for play any game or games played with cards, dice or |
20 | any device or apparatus, or any combination of games, devices |
21 | or apparatuses that have in any manner been marked or |
22 | tampered with or placed in a condition or operated in a |
23 | manner the result of which tends to deceive the public or |
24 | tends to alter the normal random selection of characteristics |
25 | or the normal chance of the game that could determine or |
26 | alter the result of the game. |
27 | (6) To knowingly use or possess any marked cards, loaded |
28 | dice or plug or to tamper with any table game equipment, |
29 | apparatus or device. |
30 | (7) To work in or be employed by a licensed table game |
|
1 | facility without obtaining the required license, permit or |
2 | registration. |
3 | (8) For a table game licensee to employ or continue to |
4 | employ an individual not duly licensed, permitted or |
5 | registered in accordance with this act. |
6 | (9) For an applicant or person or other entity licensed |
7 | or permitted by or registered with the board to employ or |
8 | offer to employ any person who is prohibited from accepting |
9 | employment from a table game licensee or applicant for a |
10 | table game license or a table game service industry licensee |
11 | or applicant for a table game service industry license or any |
12 | holding or intermediary company of the table game licensee or |
13 | applicant for a table game license or of a table game service |
14 | industry or applicant for a table game service industry |
15 | license. |
16 | (10) To notify a person involved in a suspicious |
17 | transaction that the suspicious transaction has been reported |
18 | to the bureau. |
19 | Section 2502. Reports of suspicious transactions. |
20 | (a) Reports required.-- |
21 | (1) The holder of any table game license, permit or |
22 | registration under this act or any person acting on behalf of |
23 | the holder of a table game license, permit or registration |
24 | shall file a report of any suspicious transaction with the |
25 | bureau. |
26 | (2) For the purpose of this subsection, the term |
27 | "suspicious transaction" shall mean the acceptance of cash or |
28 | the redeeming of chips or markers, if the licensee, permittee |
29 | or registrant or person knows or suspects that the amount of |
30 | the transaction: |
|
1 | (i) Involves funds derived from illegal activities |
2 | or is intended or conducted in order to conceal or |
3 | disguise funds or assets derived from legal activities. |
4 | (ii) Is part of a plan to violate or evade any law |
5 | or regulation or to avoid any transaction reporting |
6 | requirement under the law or regulations of this |
7 | Commonwealth or the United States, including a plan to |
8 | structure a series of transactions to avoid any |
9 | transaction reporting requirement under the laws or |
10 | regulations of the Commonwealth or the United States. |
11 | (iii) Has no business or other apparent lawful |
12 | purpose or is not the sort of transaction in which a |
13 | person normally would be expected to engage and the |
14 | licensee, permittee, registrant or person knows of no |
15 | reasonable explanation for the transaction after |
16 | examining the available facts, including the background |
17 | and possible purpose of the transaction. |
18 | (b) Failure to report suspicious transactions.--A table game |
19 | licensee, permittee or registrant or person acting on behalf of |
20 | a licensee or a permittee or registrant under this act who |
21 | knowingly fails to file a report of a suspicious transaction or |
22 | who knowingly causes any other person having the responsibility |
23 | to report a suspicious transaction to fail to file a report |
24 | shall be subject to the sanctions set forth under this act. |
25 | (c) Records of suspicious transaction.--The bureau shall |
26 | maintain a record of all reports of suspicious transactions for |
27 | a period of five years. The bureau shall make the reports |
28 | available to any Federal or State law enforcement agency upon |
29 | written request and without the necessity of subpoena. The board |
30 | shall promulgate regulations to effectuate the implementation of |
|
1 | the reporting requirements of this subsection. The board may |
2 | determine that compliance with applicable Federal reporting |
3 | requirements, as may be adopted, revised or amended from time to |
4 | time, satisfies the reporting requirements of this subsection. |
5 | (d) Immunity from civil liability.--Any person required to |
6 | file a report of a suspicious transaction pursuant to subsection |
7 | (a) who in good faith files the report shall not be liable in |
8 | any civil action brought by any person for making the report, |
9 | regardless of whether the transaction is later determined to be |
10 | suspicious. |
11 | Section 2503. Specific offenses relating to table games and |
12 | penalties. |
13 | (a) Swindling and cheating.-- |
14 | (1) A person commits the offense of swindling and |
15 | cheating if the person purposely or knowingly by any trick or |
16 | sleight of hand performance or by fraud or fraudulent scheme, |
17 | cards, dice or device, for himself or for another, wins or |
18 | attempts to win money or property or a representative of |
19 | either or reduces a losing wager or attempts to reduce a |
20 | losing wager in connection with a table game. |
21 | (2) Swindling and cheating as described in subsection |
22 | (a)(1) constitutes a single offense; however, each episode, |
23 | occurrence or transaction may be the subject of a separate |
24 | prosecution and conviction. A charge of swindling and |
25 | cheating may be supported by evidence that it was committed |
26 | in a manner that would constitute swindling and cheating |
27 | under this subsection, notwithstanding the specification of a |
28 | different manner in the indictment or accusation, subject |
29 | only to the power of the court to ensure a fair trial by |
30 | granting a bill or particulars, discovery, continuance or |
|
1 | other appropriate relief when the conduct of the defense |
2 | would be prejudiced by a lack of fair notice or by surprise. |
3 | (3) Swindling and cheating constitutes a felony of the |
4 | third degree regardless of the amount involved. |
5 | (b) Use of certain devices prohibited.-- |
6 | (1) A person commits a misdemeanor of the third degree |
7 | if, in playing an authorized table game, the person uses, or |
8 | assists another in the use of a computerized, electronic, |
9 | electrical or mechanical device that is designed, constructed |
10 | or programmed specifically for use in obtaining an advantage |
11 | at playing any authorized table game in a table game facility |
12 | in this Commonwealth, unless the advantage obtained can be |
13 | assessed as providing a monetary value or loss of $50,000 or |
14 | greater, in which case the offense shall be a misdemeanor of |
15 | the first degree. |
16 | (2) Any computerized, electronic, electrical or |
17 | mechanical device used in violation of paragraph (1) shall be |
18 | considered prima facie contraband and shall be subject to |
19 | forfeiture. |
20 | (c) Publication of notice.--Each table game licensee shall |
21 | conspicuously post, in the licensed table game facility, notices |
22 | of the prohibition against swindling and cheating and the |
23 | penalty set forth in this section. The notice shall be posted in |
24 | a form and manner determined by the board. |
25 | (d) Unlawful use of bogus chips or gaming billets, marked |
26 | cards, loaded dice or cheating devices.-- |
27 | (1) It shall be unlawful for any person playing any |
28 | authorized table game to: |
29 | (i) Knowingly use bogus or counterfeit chips or |
30 | gaming billets, or knowingly substitute and use any cards |
|
1 | or dice that have been marked, loaded or tampered with. |
2 | (ii) Knowingly use or possess any cheating device |
3 | with the intent to cheat or defraud. |
4 | (iii) Knowingly possess or use while on the premises |
5 | of any table game facility any key or device designed for |
6 | the purpose of or suitable for opening or entering any |
7 | drop box, except that an authorized employee or agent of |
8 | a table game licensee or of the board may possess and use |
9 | a key or device in the furtherance of the employee's or |
10 | agent's employment. |
11 | (2) A person who violates this subsection commits a |
12 | misdemeanor of the third degree. |
13 | (e) Aiding and abetting.--Any person who aids, abets, |
14 | counsels, commands, induces, procures or causes another person |
15 | to violate a provision of this act shall be punishable as a |
16 | principal and subject to all sanctions and penalties, both civil |
17 | and criminal, provided in this act. |
18 | (f) Possession by employees.--An authorized employee or |
19 | agent of a table game licensee or an employee or agent of the |
20 | board or bureau may possess and use a cheating or thieving |
21 | device, counterfeit or altered chip, loaded dice, marked cards |
22 | or other such implements, objects or devices only in performance |
23 | of the duties of employment. |
24 | (g) Definition.--As used in this section, the term "cheating |
25 | or thieving device" includes, but is not limited to, a device to |
26 | facilitate the winning of any table game, including, but not |
27 | limited to, any computerized, electronic, electrical, mechanical |
28 | or magnetic device or implement. |
29 | Section 2504. Underage gambling and prohibition. |
30 | (a) Prohibition.-- |
|
1 | (1) No individual under 21 years of age shall enter or |
2 | wager in a table game facility except that an individual |
3 | under 21 years of age may enter a table game facility by way |
4 | of passage to another room and an individual 18 years of age |
5 | or older who is licensed, permitted or registered under this |
6 | act or 4 Pa.C.S. Pt. II (relating to gaming) may enter a |
7 | table game facility in the regular course of the individual's |
8 | licensed, permitted or registered employment activities. Any |
9 | individual under 21 years of age who violates this subsection |
10 | commits a summary offense and may, upon conviction: |
11 | (i) Be fined no less than $500 nor more than $1,000. |
12 | In addition, the court shall suspend or postpone the |
13 | issuance of the individual's license to operate a motor |
14 | vehicle or learner's permit for six months. |
15 | (ii) If the individual at the time of imposition of |
16 | a sentence pursuant to this subsection is less than 18 |
17 | years of age and does not hold a driver's license or |
18 | junior driver's license, the individual shall not be |
19 | eligible to apply for a driver's license or learner's |
20 | permit for a period of six months from the day the |
21 | sentence is imposed or for a period of six months after |
22 | the individual reaches 18 years of age. |
23 | (iii) Upon the conviction of any individual under |
24 | this section, the court shall forward a report to the |
25 | Department of Transportation stating that the individual |
26 | has been convicted of violating this section and |
27 | indicating the first and last day of driver's license |
28 | suspension, denial or postponement period imposed by the |
29 | court pursuant to this subsection. |
30 | (iv) If an individual at the time of imposition of a |
|
1 | sentence pursuant to this section has a valid driver's |
2 | license or junior driver's license issued by this |
3 | Commonwealth, the court shall immediately collect the |
4 | driver's license or junior driver's license and forward |
5 | it to the Department of Transportation with the report |
6 | required under subparagraph (iii). If the driver's |
7 | license or junior driver's license cannot be collected at |
8 | the time the sentence is imposed, the court shall include |
9 | in the report the complete name, address, date of birth, |
10 | eye color and gender of the individual as well as the |
11 | first and last day of the license suspension or |
12 | postponement period imposed by the court. |
13 | (v) The court shall inform the individual orally and |
14 | in writing that if the individual is convicted of |
15 | operating a motor vehicle during the period of the |
16 | driver's license or junior driver's license suspension or |
17 | postponement under this section, the individual shall be |
18 | subject to the penalties set forth in 75 Pa.C.S. § 1532 |
19 | (relating to suspension of operating privilege). |
20 | (b) Actions of licensee.--Any licensee or employee of a |
21 | table game facility who allows an individual under 21 years of |
22 | age to remain or wager in a table game facility commits a |
23 | misdemeanor of the third degree. The following facts, if |
24 | established by the licensee or employee of the licensee, may |
25 | constitute a defense to a prosecution under this section: |
26 | (1) The underage individual falsely represented in |
27 | writing that the individual was 21 or over 21 years of age. |
28 | (2) The appearance of the underage individual was such |
29 | that an ordinary prudent person would believe the individual |
30 | to be 21 or over 21 years of age. |
|
1 | (3) The admission was made in good faith, relying upon |
2 | the written representation and appearance of the underage |
3 | individual, and in the reasonable belief that the underage |
4 | individual was actually at or over 21 years of age. |
5 | (c) Permitting underage wagering; penalty.--A person who |
6 | knowingly allows or permits an individual who is under that |
7 | person's lawful care, custody or control and who is under 21 |
8 | years of age to wager or attempt to wager in a licensed table |
9 | game facility in violation of this subsection commits a |
10 | misdemeanor of the third degree and, upon conviction, may be |
11 | subject to the payment of a fine not exceeding $2,500 or to a |
12 | term of imprisonment, or both. |
13 | Section 2505. Authority to detain. |
14 | (a) Authority to detain.--A table game licensee or the |
15 | officers, employees or agents of a table game licensee may: |
16 | (1) Question any individual in the table game facility |
17 | reasonably suspected of violating any provision of this act |
18 | or any other activity declared unlawful pursuant to this act. |
19 | No licensee or its officers, employees or agents shall be |
20 | criminally or civilly liable by reason of any questioning or |
21 | detention authorized under this section. |
22 | (2) Refuse to allow a person to continue to play table |
23 | games or take the person into custody and detain the person |
24 | in a reasonable manner for a reasonable period of time to |
25 | notify law enforcement if the licensee or its officers, |
26 | employees or agents have probable cause to believe that a |
27 | person has violated section 2504. The licensee may notify the |
28 | bureau of any detention. The refusal to permit a person to |
29 | play table games or the taking into custody and detention |
30 | shall not render the licensee or its officers, employees or |
|
1 | agents criminally or civilly liable for false arrest, false |
2 | imprisonment, slander or unlawful detention, unless the |
3 | refusal or taking into custody or detention is unreasonable |
4 | under all of the circumstances. |
5 | (b) Limitation on immunity.--No table game licensee or any |
6 | officers, employees or agents of a table game licensee shall be |
7 | entitled to immunity from civil or criminal liability provided |
8 | under this section unless there is conspicuously displayed in |
9 | the gaming area or areas of a table game facility a notice in |
10 | bold face type similar to the following: |
11 | WARNING: ANY TABLE GAME LICENSEE OR OFFICER, EMPLOYEE OR |
12 | AGENT OF A TABLE GAME LICENSEE WHO HAS PROBABLE CAUSE TO |
13 | BELIEVE THAT A PERSON IS VIOLATING ANY OF THE PROVISIONS OF |
14 | THE TABLE GAME AUTHORIZATION AND CONTROL ACT MAY DETAIN THE |
15 | PERSON IN THE ESTABLISHMENT FOR A REASONABLE PERIOD OF TIME |
16 | FOR THE PURPOSE OF NOTIFYING APPROPRIATE LAW ENFORCEMENT |
17 | AGENCIES. |
18 | Section 2506. Additional prohibitions and penalties. |
19 | (a) Criminal offenses.-- |
20 | (1) The provisions of 18 Pa.C.S. § 4902 (relating to |
21 | perjury), 4903 (relating to false swearing) or 4904 (relating |
22 | to unsworn falsification to authorities) shall apply to any |
23 | person providing information or making any statement, whether |
24 | written or oral, to the board, the bureau, the department, |
25 | the Pennsylvania State Police or the Office of Attorney |
26 | General, as required by this act. |
27 | (2) It shall be unlawful for any licensed table game |
28 | entity or any employee or key employee of such licensee or |
29 | any other person to permit table games to be operated, |
30 | transported, repaired or opened on the premises of a licensed |
|
1 | table game facility by a person other than a person licensed, |
2 | permitted or registered by the board pursuant to this act. |
3 | (3) It shall be unlawful for any licensed table game |
4 | entity or other person to manufacture, supply or place table |
5 | games into play or display table games on the premises of a |
6 | licensed facility without the authority of the board. |
7 | (4) Except as provided for in this act, it shall be |
8 | unlawful for a licensed table game entity or other person to |
9 | manufacture, supply, operate, carry on or expose for play any |
10 | table game after the person's table game license has expired |
11 | and prior to the actual renewal of the license. |
12 | (5) It shall be unlawful for an individual on the |
13 | premises of a licensed table game facility to knowingly use |
14 | currency other than lawful coin or legal tender of the United |
15 | States to play any authorized table game. |
16 | (6) It shall be unlawful for a table game licensee or an |
17 | agent or employee of a table game licensee to possess any |
18 | device, apparatus, equipment or supplies that the licensee, |
19 | agent or employee knows has been manufactured, distributed, |
20 | sold, leased, tampered with, repaired or serviced in |
21 | violation of this act. |
22 | (7) It shall be unlawful for an individual to work or be |
23 | employed in a position the duties of which would require |
24 | licensing, permitting or registering under this act without |
25 | first obtaining the requisite license, permit or registration |
26 | as provided for in this act. |
27 | (8) It shall be unlawful for a licensed table gaming |
28 | entity that is a licensed racing entity and that has had its |
29 | racing license revoked or suspended by either the State Horse |
30 | Racing Commission or the State Harness Racing Commission |
|
1 | under the act of December 17, 1981 (P.L.435, No.135), known |
2 | as the Race Horse Industry Reform Act, to continue to operate |
3 | table games at the racetrack for which its racing license was |
4 | issued unless the racing license is or will be subsequently |
5 | reissued or reinstated within 60 days after its revocation or |
6 | suspension or without approval of the board. |
7 | (9) It shall be unlawful for a table game licensee to |
8 | employ or continue to employ in a position the duties of |
9 | which require a license, permit or registration under this |
10 | act: |
11 | (i) An individual not licensed, permitted or |
12 | registered under this act. |
13 | (ii) An individual who is prohibited from accepting |
14 | employment from a table game licensee. |
15 | (10) It shall be unlawful for any person under 18 years |
16 | of age to be in any area where table games are operated. |
17 | (b) Criminal penalties and fines.-- |
18 | (1) (i) A person that violates subsection (a)(1) |
19 | commits an offense to be graded in accordance with 18 |
20 | Pa.C.S. § 4902, 4903 or 4904, as applicable, for a first |
21 | conviction. A person that is convicted of a second or |
22 | subsequent violation of subsection (a)(1) commits a |
23 | felony of the second degree. |
24 | (ii) A person that violates subsection (a)(2) |
25 | through (10) commits a misdemeanor of the first degree. A |
26 | person that is convicted of a second or subsequent |
27 | violation of subsection (a)(2) through (10) commits a |
28 | felony of the second degree. |
29 | (2) (i) For a first violation of subsection (a)(1) |
30 | through (10), a person shall be sentenced to pay a fine |
|
1 | of: |
2 | (A) No less than $75,000 nor more than $150,000 |
3 | if the person is an individual. |
4 | (B) No less than $300,000 nor more than $600,000 |
5 | if the person is a licensed table game entity. |
6 | (C) No less than $150,000 nor more than $300,000 |
7 | if the person is a licensed manufacturer, licensed |
8 | supplier or licensed table game service industry. |
9 | (ii) For a second or subsequent violation of |
10 | subsection (a)(1) through (10), a person shall be |
11 | sentenced to pay a fine of: |
12 | (A) No less than $150,000 nor more than $300,000 |
13 | if the person is an individual. |
14 | (B) No less than $600,000 nor more than |
15 | $1,200,000 if the person is a licensed table game |
16 | entity. |
17 | (C) No less than $300,000 nor more than $600,000 |
18 | if the person is a licensed manufacturer, licensed |
19 | supplier or licensed table game service industry. |
20 | Section 2507. Sanctions. |
21 | (a) Imposition of sanctions.--In addition to any penalty, |
22 | fine or term of imprisonment authorized under law or under this |
23 | act, the board shall, after hearing, have the authority to |
24 | impose the following sanctions upon any person licensed, |
25 | permitted or registered under this act: |
26 | (1) Revoke the license, permit or registration of any |
27 | person for the conviction of any criminal offense or for |
28 | committing any other offense or violation of this act which |
29 | would disqualify the person from holding the license, permit |
30 | or registration. |
|
1 | (2) Refuse to issue or revoke the license, permit or |
2 | registration of any person for willfully and knowingly |
3 | violating an order of the board, bureau, Pennsylvania State |
4 | Police or the Attorney General. |
5 | (3) Suspend the license, permit or registration of any |
6 | person pending hearing and determination in any case in which |
7 | license, permit or registration revocation is authorized. |
8 | (4) Refuse to issue or suspend the operation certificate |
9 | of any table game licensee for a violation of this act or |
10 | regulations promulgated under this act relating to the |
11 | operation of the licensed table game facility including table |
12 | games operations, slot machine operations, internal controls, |
13 | including administrative and accounting control and security. |
14 | (5) Assess any civil penalty as may be necessary to |
15 | punish misconduct and to deter future violations. The civil |
16 | penalty may not exceed $10,000 in the case of any individual |
17 | licensee, permittee or registrant. In the case of a table |
18 | game licensee, manufacturer licensee, supplier licensee, |
19 | service industry licensee or any applicant for any such |
20 | license, the civil penalty may not exceed $100,000. |
21 | (6) Order restitution of any moneys or property |
22 | unlawfully obtained or retained by an applicant, licensee, |
23 | permittee or registrant or any person acting on the behalf of |
24 | any licensee, permittee or registrant. |
25 | (7) Enter a cease and desist order that specifies the |
26 | conduct that is to be discontinued, altered or implemented by |
27 | the table game applicant, licensee, permittee or registrant. |
28 | (8) Issue letters of reprimand or censure. The letters |
29 | shall be made a permanent part of the file of each applicant, |
30 | licensee, permittee or registrant so sanctioned. |
|
1 | (9) Impose any or all of the foregoing sanctions in |
2 | combination with each other. |
3 | (b) Considerations for imposition of sanctions.--In |
4 | considering appropriate sanctions in a particular case, the |
5 | board shall consider: |
6 | (1) The risk to the public and to the integrity of table |
7 | game operations and the gaming industry created by the |
8 | conduct of the applicant, licensee, permittee or registrant. |
9 | (2) The nature and seriousness of the conduct of the |
10 | table game licensee, permittee or registrant, and whether the |
11 | conduct was purposeful or negligent and with knowledge that |
12 | it was in contravention of the provisions of this act or the |
13 | regulations promulgated under this act. |
14 | (3) Any justification or excuse for the conduct by the |
15 | applicant, licensee, permittee or registrant. |
16 | (4) The prior history of the particular licensee, |
17 | permittee or registrant involved with respect to table game |
18 | activity. |
19 | (5) The corrective action taken by the applicant, |
20 | licensee, permittee or registrant to prevent future |
21 | misconduct of a like nature from occurring. |
22 | (6) In the case of a monetary penalty, the amount of the |
23 | penalty in relation to the severity of the misconduct and the |
24 | financial means of the applicant, licensee, permittee or |
25 | registrant. The board may impose any schedule or terms of |
26 | payment of such penalty as it may deem appropriate. |
27 | (c) Certain defense not allowed.--It shall be no defense to |
28 | disciplinary action before the board that an applicant for a |
29 | table game license or a licensee, permittee, registrant or any |
30 | intermediary company or holding company of such applicant, |
|
1 | licensee, permittee or registrant inadvertently, unintentionally |
2 | or unknowingly violated a provision of this act. Such factors |
3 | shall only go to the degree of the penalty to be imposed by the |
4 | board and not to a finding of a violation itself. |
5 | (d) Notification of decision and hearing.--The board shall |
6 | provide the applicant, licensee, permittee or registrant with |
7 | written notification of its decision, including a statement of |
8 | the reasons for its decision by certified mail within five |
9 | business days of the decision, if the board: |
10 | (1) Refuses to issue or renew a license, permit or |
11 | registration. |
12 | (2) Suspends or revokes a license, permit or |
13 | registration. |
14 | (3) Assesses civil penalties. |
15 | (4) Orders restitution. |
16 | (5) Enters a cease and desist order. |
17 | (6) Issues a letter of reprimand or censure. |
18 | (e) Hearing.--Any applicant or licensee, permittee or |
19 | registrant who has received notice of a refusal to issue, |
20 | suspension or revocation of a license, permit or registration, |
21 | the assessment of civil penalties, an order of restitution, the |
22 | entrance of a cease and desist order or the issuance of a letter |
23 | of reprimand or censure from the board shall have the right to |
24 | an administrative hearing before the board in accordance with 2 |
25 | Pa.C.S. Ch. 5 Subch. A (relating to practice and procedure of |
26 | Commonwealth agencies) and Ch. 7 Subch. A (relating to judicial |
27 | review of Commonwealth agency action). |
28 | (f) Authority to increase penalty for certain acts.--In |
29 | addition to any other fines or penalties that the board may |
30 | impose under this act or regulations of the board, if a person |
|
1 | violates section 2501(a)(1) (relating to prohibitions), the |
2 | board shall impose an administrative penalty of three times the |
3 | amount of the license fee, tax or other assessment evaded and |
4 | not paid, collected or paid over. This subsection is subject to |
5 | 2 Pa.C.S. Ch. 5 Subch. A and Ch. 7 Subch. A. |
6 | Section 2508. Continuing offenses. |
7 | Any violation of this act that is determined to be an offense |
8 | of a continuing nature shall be deemed to be a separate offense |
9 | on each day during which the violation occurs. Nothing in this |
10 | section shall be construed to preclude the commission of |
11 | multiple violations of the provisions of this act in any one day |
12 | that establish offenses consisting of separate and distinct acts |
13 | or violations of the provisions of this act or regulations |
14 | promulgated under this act. |
15 | Section 2509. Property subject to seizure, confiscation, |
16 | destruction or forfeiture. |
17 | Any equipment, device or apparatus, money, material, gaming |
18 | proceeds or substituted proceeds or real or personal property |
19 | used, obtained or received or any attempt to use, obtain or |
20 | receive such device, apparatus, money, material, proceeds or |
21 | real or personal property in violation of this act shall be |
22 | subject to seizure, confiscation, destruction or forfeiture. |
23 | CHAPTER 26 |
24 | RACKETEERING AND CORRUPT ORGANIZATIONS |
25 | Section 2601. Racketeering and corrupt organizations. |
26 | (a) Applicability.--Any person or individual subject to the |
27 | provisions of this act shall be subject to 18 Pa.C.S. § 911 |
28 | (relating to corrupt organizations). The prohibited activities |
29 | set forth in 18 Pa.C.S. § 911(b) shall apply to any individual |
30 | or person, organization or entity subject to the requirements of |
|
1 | this act and to any enterprise that is engaged in activities |
2 | that affect table game operations or ancillary industries that |
3 | do business with any table game licensee, permittee, registrant |
4 | or any other person subject to qualification or approval under |
5 | the provisions of this act. |
6 | (b) Authority of the Attorney General.--The Attorney General |
7 | is hereby authorized and empowered to investigate and institute |
8 | criminal proceedings for violation of any provision of this act |
9 | upon the request of the board, the bureau, the Pennsylvania |
10 | State Police or upon its own motion. The Attorney General may |
11 | establish a division within the Office of Attorney General to |
12 | investigate violations of provisions of this act and any |
13 | regulations promulgated pursuant to this act. |
14 | Section 2602. Racketeering activity. |
15 | In addition to the meaning given to it under 18 Pa.C.S. § |
16 | 911(h) (relating to corrupt organizations) and for the purposes |
17 | of this act, the term "racketeering activity" shall be further |
18 | defined to include any of the following: |
19 | (1) Any act that is indictable under any of the |
20 | following provisions of 18 U.S.C. (relating to Crimes and |
21 | Criminal Procedure) or under any subsequent amendments or |
22 | revisions to 18 U.S.C. that may be enacted after the |
23 | effective date of this act: |
24 | (i) Section 201 (relating to bribery of public |
25 | officials and witnesses). |
26 | (ii) Section 224 (relating to bribery in sporting |
27 | contests). |
28 | (iii) Sections 471 (relating to obligations or |
29 | securities of United States) through 509 (relating to |
30 | possessing and making plates or stones for Government |
|
1 | transportation requests). |
2 | (iv) Section 659 (relating to interstate or foreign |
3 | shipments by carrier; State prosecutions), if the act |
4 | indictable under section 659 is felonious. |
5 | (v) Section 664 (relating to theft or embezzlement |
6 | from employee benefit plan). |
7 | (vi) Sections 891 (relating to definitions and rules |
8 | of construction) through 894 (relating to collection of |
9 | extensions of credit by extortionate means). |
10 | (vii) Section 1084 (relating to transmission of |
11 | wagering information; penalties). |
12 | (viii) Section 1341 (relating to frauds and |
13 | swindles). |
14 | (ix) Section 1343 (relating to fraud by wire, radio, |
15 | or television). |
16 | (x) Section 1503 (relating to influencing or |
17 | injuring officer or juror generally). |
18 | (xi) Section 1510 (relating to obstruction of |
19 | criminal investigations). |
20 | (xii) Section 1511 (relating to obstruction of State |
21 | or local law enforcement). |
22 | (xiii) Section 1951 (relating to interference with |
23 | commerce by threats or violence). |
24 | (xiv) Section 1952 (relating to interstate and |
25 | foreign travel or transportation in aid of racketeering |
26 | enterprises). |
27 | (xv) Section 1953 (relating to interstate |
28 | transportation of wagering paraphernalia). |
29 | (xvi) Section 1954 (relating to offer, acceptance, |
30 | or solicitation to influence operations of employee |
|
1 | benefit plan). |
2 | (xvii) Section 1955 (relating to prohibition of |
3 | illegal gambling businesses). |
4 | (xviii) Sections 2314 (relating to transportation of |
5 | stolen goods, securities, moneys, fraudulent State tax |
6 | stamps, or articles used in counterfeiting) and 2315 |
7 | (relating to sale or receipt of stolen goods, securities, |
8 | moneys, or fraudulent State tax stamps). |
9 | (xix) Sections 2421 (relating to transportation |
10 | generally) through 2424 (relating to filing factual |
11 | statement about alien individual). |
12 | (2) Any act that is indictable under the following |
13 | provisions: |
14 | (i) Section 302 of the Labor Management Relations |
15 | Act, 1947 (61 Stat. 136, 29 U.S.C. § 186). |
16 | (ii) Section 501(c) of the Labor-Management |
17 | Reporting and Disclosure Act of 1959 (Public Law 86-257, |
18 | 29 U.S.C. § 401 et seq.). |
19 | (3) Any offense involving bankruptcy fraud, fraud in the |
20 | sale of securities, or the felonious manufacture, |
21 | importation, receiving, concealment, buying, selling or |
22 | otherwise dealing in narcotic or other dangerous drugs, |
23 | punishable under any law of the United States. The Attorney |
24 | General shall report any suspected racketeering activity |
25 | under this section to the United States Department of |
26 | Justice. |
27 | (c) Definition.--Notwithstanding any other provision of law |
28 | to the contrary and for the purposes of this act, the definition |
29 | of "enterprise" under 18 Pa.C.S. § 911(h) shall include any |
30 | enterprise that is engaged in, or conduct activities that affect |
|
1 | table game operations or ancillary industries that do business |
2 | with any table game licensee, permittee or registrant or other |
3 | licensee or person required to be qualified under this act. |
4 | CHAPTER 27 |
5 | PUBLIC OFFICIALS |
6 | Section 2701. Financial interest and prohibitions. |
7 | (a) General rule.--Except as may be provided for the |
8 | judiciary by rule or order of the Pennsylvania Supreme Court, an |
9 | executive-level public employee, public official or party |
10 | officer, or an immediate family member thereof, shall not |
11 | intentionally or knowingly hold a financial interest in an |
12 | applicant or a table game licensee or a table game manufacturer |
13 | licensee, supplier licensee, service industry licensee or |
14 | licensed racing entity, or in a holding company, affiliate, |
15 | intermediary or subsidiary thereof, while the individual is an |
16 | executive-level public employee, public official or party |
17 | officer and for one year following termination of the |
18 | individual's status as an executive-level public employee, |
19 | public official or party officer. |
20 | (b) Employment.--Except as may be provided by rule or order |
21 | of the Pennsylvania Supreme Court, no executive-level public |
22 | employee, public official or party officer, or an immediate |
23 | family member thereof, shall be employed by an applicant or a |
24 | table game licensee or a table game manufacturer licensee, |
25 | supplier licensee, service industry licensee or licensed racing |
26 | entity, or by any holding company, affiliate, intermediary or |
27 | subsidiary thereof, while the individual is an executive-level |
28 | public employee, public official or party officer and for one |
29 | year following termination of the individual's status as an |
30 | executive-level public employee, public official or party |
|
1 | officer. |
2 | (c) Grading.--An individual who violates this section |
3 | commits a misdemeanor of the third degree and shall, upon |
4 | conviction, be sentenced to pay a fine of not more than $1,000 |
5 | or to a term of imprisonment of not more than one year, or both. |
6 | (d) Divestiture.--An executive-level public employee, public |
7 | official or party officer, or an immediate family member |
8 | thereof, who holds a financial interest prohibited by this |
9 | section shall divest the financial interest within three months |
10 | of the effective date of the restrictions set forth in |
11 | subsection (a), as applicable. Thereafter, any executive-level |
12 | public employee, public official, party officer or immediate |
13 | family member shall have 30 days from the date the individual |
14 | knew or had reason to know or should have known of the violation |
15 | or 30 days from the publication in the Pennsylvania Bulletin of |
16 | a complete list of all persons or entities who have applied for |
17 | or who hold a table game license or table game manufacturer, |
18 | supplier or service industry license and all intermediaries, |
19 | affiliates, subsidiaries and holding companies thereof. Such |
20 | publication shall conform with the requirements of 4 Pa.C.S. § |
21 | 1202(b)(27) (relating to general and specific powers). The |
22 | Ethics Commission may, for good cause, extend the time period |
23 | under this subsection. |
24 | (e) Ethics Commission.--The State Ethics Commission shall |
25 | publish a list of all State, county, municipal and other |
26 | government positions that meet the definitions of "public |
27 | official" or "executive-level public employee" under subsection |
28 | (f). The Office of Administration shall assist the State Ethics |
29 | Commission in the development of the list, which shall be |
30 | published in the Pennsylvania Bulletin biennially and on the |
|
1 | board's Internet website. Upon request, each public official |
2 | shall have a duty to provide the State Ethics Commission with |
3 | adequate information to accurately develop and maintain the |
4 | list. The State Ethics Commission may impose a civil penalty |
5 | under 65 Pa.C.S. § 1109(f) (relating to penalties) upon any |
6 | public official or executive-level public employee who fails to |
7 | cooperate with the State Ethics Commission under this |
8 | subsection. |
9 | (f) Definitions.--As used in this section, the following |
10 | words and phrases shall have the meanings given to them in this |
11 | subsection: |
12 | "Executive-level public employee." The term shall include |
13 | the following: |
14 | (1) Deputy secretaries of the Commonwealth and the |
15 | Governor's Office executive staff. |
16 | (2) An employee of the Executive Branch with |
17 | discretionary power that may affect or influence the outcome |
18 | of a State agency's action or decision and who is involved in |
19 | the development of regulations or policies relating to a |
20 | licensed table game entity or who is involved in other |
21 | matters under this chapter. The term shall include an |
22 | employee with law enforcement authority. |
23 | (3) An employee of a county or municipality with |
24 | discretionary powers that may affect or influence the outcome |
25 | of the county's or municipality's action or decision and who |
26 | is involved in the development of law, regulation or policy |
27 | relating to a licensed table game entity or who is involved |
28 | in other matters under this chapter. The term shall include |
29 | an employee with law enforcement authority. |
30 | (4) An employee of a department, agency, board, |
|
1 | commission, authority or other governmental body not included |
2 | in paragraph (1), (2) or (3) with discretionary power that |
3 | may affect or influence the outcome of the governmental |
4 | body's action or decision and who is involved in the |
5 | development of regulation or policy relating to a licensed |
6 | table game entity or who is involved in other matters under |
7 | this chapter. The term shall include an employee with law |
8 | enforcement authority. |
9 | "Financial interest." Owning or holding, or being deemed to |
10 | hold, debt or equity securities or other ownership interest or |
11 | profits interest. A financial interest shall not include any |
12 | debt or equity security, or other ownership interest or profits |
13 | interest, that is held or deemed to be held in any of the |
14 | following: |
15 | (1) A blind trust over which the executive-level public |
16 | employee, public official, party officer or immediate family |
17 | member thereof may not exercise any managerial control or |
18 | receive income during the tenure of office and the period |
19 | under subsection (a). The provisions of this paragraph shall |
20 | apply only to blind trusts established prior to the effective |
21 | date of this paragraph. |
22 | (2) Securities that are held in a pension plan, profit- |
23 | sharing plan, individual retirement account, tax-sheltered |
24 | annuity, a plan established pursuant to section 457 of the |
25 | Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § |
26 | 1 et seq.) or any successor provision deferred compensation |
27 | plan whether qualified or not qualified under the Internal |
28 | Revenue Code of 1986 or any successor provision or other |
29 | retirement plan that: |
30 | (i) is not self-directed by the individual; and |
|
1 | (ii) is advised by an independent investment adviser |
2 | who has sole authority to make investment decisions with |
3 | respect to contributions made by the individual to these |
4 | plans. |
5 | (3) A tuition account plan organized and operated |
6 | pursuant to section 529 of the Internal Revenue Code of 1986 |
7 | that is not self-directed by the individual. |
8 | (4) A mutual fund where the interest owned by the mutual |
9 | fund in a licensed table game entity does not constitute a |
10 | controlling interest as defined in this act. |
11 | "Immediate family." A spouse, minor child or unemancipated |
12 | child. |
13 | "Law enforcement authority." The power to conduct |
14 | investigations of or to make arrests for criminal offenses. |
15 | "Party officer." A member of a national committee; a |
16 | chairman, vice chairman, secretary, treasurer or counsel of a |
17 | State committee or member of the executive committee of a State |
18 | committee; a county chairman, vice chairman, counsel, secretary |
19 | or treasurer of a county committee in which a licensed table |
20 | game facility is located; or a city chairman, vice chairman, |
21 | counsel, secretary or treasurer of a city committee of a city in |
22 | which a licensed table game facility is located. |
23 | "Public official." The term shall include the following: |
24 | (1) The Governor, Lieutenant Governor, a member of the |
25 | Governor's cabinet, State Treasurer, Auditor General and |
26 | Attorney General of the Commonwealth. |
27 | (2) A member of the Senate or House of Representatives |
28 | of the Commonwealth. |
29 | (3) An individual elected or appointed to any office of |
30 | a county or municipality that directly receives a |
|
1 | distribution of revenue under this act. |
2 | (4) An individual elected or appointed to a department, |
3 | agency, board, commission, authority or other governmental |
4 | body not included in paragraph (1), (2) or (3) that directly |
5 | receives a distribution of revenue under this act. |
6 | (5) An individual elected or appointed to a department, |
7 | agency, board, commission, authority, county, municipality or |
8 | other governmental body not included in paragraph (1), (2) or |
9 | (3) with discretionary power that may influence or affect the |
10 | outcome of an action or decision and who is involved in the |
11 | development of regulation or policy relating to a licensed |
12 | table game entity or who is involved in other matters under |
13 | this act. The term does not include a member of a school |
14 | board or an individual who held an uncompensated office with |
15 | a governmental body prior to January 1, 2009, and who no |
16 | longer holds the office as of January 1, 2009. The term |
17 | includes a member of an advisory board or commission that |
18 | makes recommendations relating to a licensed table game |
19 | facility. |
20 | Section 2702. Political influence. |
21 | (a) Contribution restriction.--The following persons shall |
22 | be prohibited from contributing monetarily or in-kind to a |
23 | candidate for nomination or election to any public office in |
24 | this Commonwealth, or to any political party committee or other |
25 | political committee in this Commonwealth or to any group, |
26 | committee or association organized in support of a candidate, |
27 | political party committee or other political committee in this |
28 | Commonwealth: |
29 | (1) An applicant for a table game license; table game |
30 | manufacturer license, supplier license or service industry |
|
1 | license; principal employee license, key employee license or |
2 | horse or harness racing license. |
3 | (2) A table game licensee, manufacturer licensee, |
4 | supplier licensee, service industry licensee or licensed |
5 | racing entity. |
6 | (3) A licensed principal employee or licensed key |
7 | employee of a table game licensee, licensed manufacturer, |
8 | licensed supplier, licensed service industry or licensed |
9 | racing entity. |
10 | (4) An affiliate, intermediary, subsidiary or holding |
11 | company of a table game licensee, licensed manufacturer, |
12 | licensed supplier, licensed service industry or licensed |
13 | racing entity. |
14 | (5) A licensed principal employee or licensed key |
15 | employee of an affiliate, intermediary, subsidiary or holding |
16 | company of a table game licensee, licensed manufacturer, |
17 | licensed supplier, licensed service industry or licensed |
18 | racing entity. |
19 | (6) A person who holds a similar gaming license in any |
20 | jurisdiction, foreign or domestic, and the affiliates, |
21 | intermediaries, subsidiaries, holding companies, principal |
22 | employees or key employees thereof. |
23 | (b) Contributions to certain associates and organizations |
24 | barred.--The persons prohibited from making political |
25 | contributions under subsection (a) shall not make a political |
26 | contribution, monetarily or in-kind, to any association or |
27 | organization, including a nonprofit organization, that has been |
28 | solicited by an elected official, executive-level public |
29 | employee or candidate for nomination or election to a public |
30 | office in this Commonwealth, if the person knows that the |
|
1 | contribution or any portion thereof will be contributed to the |
2 | official, employee or candidate for nomination or election to |
3 | public office in this Commonwealth. |
4 | (c) Internet website.-- |
5 | (1) The board shall modify its Internet website |
6 | established under 4 Pa.C.S. § 1513(a.2) (relating to |
7 | political influence) to include a list of all applicants for |
8 | and holders of a table game license, table game manufacturer |
9 | license, table game supplier license, table game service |
10 | industry license or racing entity license, and the |
11 | affiliates, intermediaries, subsidiaries, holding companies, |
12 | principals and key employees thereof, all persons holding a |
13 | similar gaming license in another jurisdiction, foreign and |
14 | domestic, and the affiliates, intermediaries, subsidiaries, |
15 | holding companies, principals and key employees thereof, and |
16 | any other entity in which the applicant or licensee has any |
17 | debt or equity security or other ownership or profits |
18 | interest. An applicant or licensee shall notify the board |
19 | within seven days of the discovery of any change in or |
20 | addition to the information. The list shall be published |
21 | semiannually in the Pennsylvania Bulletin. |
22 | (2) A person who acts in good faith and in reliance on |
23 | the information on the Internet website shall not be subject |
24 | to any penalties or liabilities imposed for a violation of |
25 | this section. |
26 | (3) The board shall request the information required |
27 | under paragraph (1) from persons licensed in another |
28 | jurisdiction who do not hold a license in this Commonwealth |
29 | and from regulatory agencies in the other jurisdiction. If a |
30 | licensee in another jurisdiction refuses to provide the |
|
1 | information required under paragraph (1), the person and its |
2 | officers, directors or persons with a controlling interest |
3 | shall be ineligible to receive any license under this act. |
4 | (d) Annual certification.--The chief executive officer, or |
5 | other appropriate individual, of each applicant for a table game |
6 | license, table game manufacturer license, table game supplier |
7 | license, table game service industry license or table game |
8 | licensee, licensed table game supplier, licensed table game |
9 | manufacturer, licensed table games service industry or licensed |
10 | racing entity shall annually certify under oath to the board and |
11 | the Department of State that such applicant or table game |
12 | licensee, licensed supplier, licensed manufacturer, licensed |
13 | service industry or licensed racing entity has developed and |
14 | implemented internal safeguards and policies intended to prevent |
15 | a violation of this section and that such applicant, licensee or |
16 | licensed racing entity has conducted a good faith investigation |
17 | that has not revealed any violation of this section during the |
18 | preceding year. |
19 | (e) Penalties.--The first violation of this section by a |
20 | licensed table game entity or any person that holds a |
21 | controlling interest in such table game entity, or a subsidiary |
22 | company thereof, and any officer, principal employee or key |
23 | employee of such table game licensee shall be punishable by a |
24 | fine of not less than an average single day's gross table game |
25 | revenue of the licensed table game entity derived from the |
26 | operation of table games in this Commonwealth; a second |
27 | violation of this section, within five years of the first |
28 | violation, shall be punishable by at least a one-day suspension |
29 | of the table game license held by the licensed table game entity |
30 | and a fine of no less than an average two days' gross table game |
|
1 | revenue of the licensed table game entity; a third violation of |
2 | this section within five years of the second violation shall be |
3 | punishable by the immediate revocation of the table game license |
4 | held by the licensed table game entity. The first violation of |
5 | this section by a table game manufacturer, table game supplier |
6 | or table game service industry licensed pursuant to this act or |
7 | by any person that holds a controlling interest in such licensed |
8 | manufacturer, supplier or service industry or any affiliate, |
9 | intermediary, subsidiary or holding company thereof, and any |
10 | officer, director or management level employee of such a |
11 | licensee or any affiliate, intermediary, subsidiary or holding |
12 | company thereof, shall be punishable by a fine of not less than |
13 | one day's average of the gross profit from sales made by the |
14 | manufacturer, supplier or service industry in this Commonwealth |
15 | during the preceding 12-month period or portion thereof in the |
16 | event the manufacturer, supplier or service industry has not |
17 | operated in this Commonwealth for 12 months; a second violation |
18 | of this section within five years of the first violation shall |
19 | be punishable by a one-month suspension of the license held by |
20 | the manufacturer, supplier or service industry under this act |
21 | and a fine of not less than two times one day's average of the |
22 | gross profit from sales made by the manufacturer, supplier or |
23 | service industry in this Commonwealth during the preceding 12- |
24 | month period or portion thereof in the event the manufacturer, |
25 | supplier or service industry has not operated in this |
26 | Commonwealth for 12 months. In no event shall the fine imposed |
27 | under this section be in an amount less than $50,000 for each |
28 | violation. In addition to any fine or sanction that may be |
29 | imposed by the board, any person who makes a contribution in |
30 | violation of this section commits a misdemeanor of the third |
|
1 | degree. |
2 | (f) Definitions.--As used in this section, the following |
3 | words and phrases shall have the meanings given to them in this |
4 | subsection: |
5 | "Contribution." Any payment, gift, subscription, assessment, |
6 | contract, payment for services, dues, loan, forbearance, advance |
7 | or deposit of money or any valuable thing made to a candidate or |
8 | political committee or a representative or agent of a candidate |
9 | or political committee for the purpose of influencing any |
10 | election in this Commonwealth or for paying debts incurred by or |
11 | for a candidate or committee before or after any election. The |
12 | term shall include the purchase of tickets for events including |
13 | dinners, luncheons, rallies and other fundraising events; the |
14 | granting of discounts or rebates not available to the general |
15 | public; or the granting of discounts or rebates by television |
16 | and radio stations and newspapers not extended on an equal basis |
17 | to all candidates for the same office; and any payments provided |
18 | for the benefit of any candidate, including payments for the |
19 | services of a person serving as an agent of a candidate or |
20 | committee by a person other than the candidate or committee must |
21 | report. The term also includes any receipt or use of anything of |
22 | value received by a political committee from another political |
23 | committee and also includes any return on investments by a |
24 | political committee. |
25 | "Political committee." Any committee, club, association or |
26 | other group of persons that receive contributions or make |
27 | expenditures. |
28 | CHAPTER 28 |
29 | COMPULSIVE GAMBLING ASSISTANCE |
30 | Section 2801. Establishment of program; duties of licensee. |
|
1 | (a) General rule.--Each applicant for a table game license |
2 | shall submit a compulsive gambling assistance plan to the board |
3 | for approval, modification or disapproval. The plan shall |
4 | provide standards, methods, procedures and practices for |
5 | assisting in the prevention, education and treatment of |
6 | compulsive and problem gambling. The compulsive gambling |
7 | assistance plan shall be submitted with a person's application |
8 | for a table game license. The development of the plan by an |
9 | applicant and the approval of the plan by the board, in |
10 | collaboration with the Department of Health, shall be a |
11 | condition for the approval and issuance of a table game license |
12 | under this act. The preservation and maintenance of the approved |
13 | plan shall be a condition for the renewal of a table game |
14 | license. |
15 | (b) Criteria for plan development.--Each compulsive gambling |
16 | assistance plan shall include all of the following: |
17 | (1) A mission statement that identifies the goals of the |
18 | table game licensee administering the plan. |
19 | (2) The identification of a plan manager or other person |
20 | responsible for ensuring that the plan, as approved by the |
21 | board, is implemented, monitored and maintained in accordance |
22 | with the requirements of this act. |
23 | (3) An identification of the job classifications of each |
24 | table game employee who, because of a particular job or |
25 | employment function at the licensed table game facility, will |
26 | be required to obtain compulsive and problem gambling |
27 | training in accordance with the requirements of this chapter. |
28 | (4) Policies concerning the handling of compulsive |
29 | gambling problems, including, but not limited to: |
30 | (i) Commitment to training. |
|
1 | (ii) Commitment to intervention. |
2 | (iii) Role and duties of a licensee's employees, |
3 | including key employees. |
4 | (iv) Responsibility of patrons. |
5 | (5) Specific, detailed procedures for: |
6 | (i) Identifying compulsive gambling behavior or |
7 | potential behavior in patrons and employees. |
8 | (ii) Determining appropriate intervention techniques |
9 | in a given circumstance. |
10 | (iii) Carrying out the intervention techniques. |
11 | (6) Printed literature to educate patrons about |
12 | compulsive gambling and inform them of local, Statewide or |
13 | national resources available to compulsive gamblers and their |
14 | families. The materials may include signs and posters |
15 | conspicuously displayed in gaming areas and brochures on |
16 | compulsive gambling issues and sources of treatment and |
17 | information. The plan shall specify the source of the printed |
18 | literature and proposed method of dissemination to patrons |
19 | and employees. |
20 | (7) Policy and procedures to prohibit facilitating, |
21 | participating in or allowing the issuance of any loans or |
22 | extension of credit, except as provided in this act, to a |
23 | patron for gaming purposes. |
24 | (8) A comprehensive employee training plan, including |
25 | training manuals and other materials and literature necessary |
26 | to educate employees about compulsive gambling issues. |
27 | (9) A form for certifying, to the board's satisfaction, |
28 | that each employee required to obtain compulsive gambling |
29 | training has completed the training within the time period |
30 | specified by the board. The certification program shall be |
|
1 | approved by the Department of Health. |
2 | (10) Details of a follow-up compulsive gambling training |
3 | program to periodically reinforce employee training. |
4 | (11) A timetable and procedures for implementing the |
5 | compulsive gambling assistance plan. |
6 | (12) Any other policies and procedures designed to |
7 | encourage responsible gambling, including methods for |
8 | preventing gambling by minors and problem gamblers. |
9 | (c) Establishment of training program.--Each applicant for a |
10 | table game license and each licensee shall include an employee |
11 | training program in its compulsive gambling plan. The employee |
12 | training program shall include: |
13 | (1) Characteristics and symptoms of compulsive behavior, |
14 | including compulsive and problem gambling. |
15 | (2) Prevalence of compulsive and problem gambling, |
16 | including cultural indicators. |
17 | (3) Relationship of compulsive gambling and other |
18 | addictions. |
19 | (4) Social and economic consequences of compulsive and |
20 | problem gambling, such as indebtedness, costs of treatment, |
21 | suicide prevention and suicide, criminal behavior, |
22 | unemployment and counseling for family. |
23 | (5) Identification of vulnerable demographic, including |
24 | women, low-income individuals, senior citizens, the |
25 | underemployed or unemployed and individuals who abuse drugs |
26 | and/or alcohol or who display other characteristics of |
27 | compulsive behavior. |
28 | (6) Intervention techniques to be employed where a |
29 | compulsive or problem gambling problem is identified or |
30 | suspected. |
|
1 | (7) Assistance and referral programs, including specific |
2 | resources and training on how to approach and discuss |
3 | compulsive or problem gambling with a patron and give advice |
4 | and assistance relative to accessing available community, |
5 | public and private professional behavior health services. |
6 | (8) Procedures designed to prevent the serving of |
7 | alcohol to visibly intoxicated patrons, including procedures |
8 | to prevent visibly intoxicated patrons from participating in |
9 | all gambling activity. |
10 | (9) Procedures for the immediate removal of self- |
11 | excluded persons from a licensed facility, including, if |
12 | necessary and appropriate, procedures that include obtaining |
13 | assistance from law enforcement personnel. |
14 | (10) Procedures for the immediate removal of persons |
15 | identified on the self-exclusion list from all rewards, |
16 | promotional programs or other such programs or activities. |
17 | (11) Procedures to prevent any person identified on the |
18 | self-exclusion list from receiving any rewards, |
19 | advertisement, promotion or other targeted mailers |
20 | immediately upon receiving notice from the board that the |
21 | person has been placed on the self-exclusion list. |
22 | (12) Procedures for the dissemination of written |
23 | compulsive and problem gambling literature to patrons that |
24 | explains the self-exclusion program. |
25 | (13) Procedures to prevent any person identified on the |
26 | self-exclusion list from having access to or from receiving |
27 | complimentary services or other like benefits of any kind or |
28 | value. |
29 | (d) Conduct of and time-period for training.--Compulsive |
30 | gambling training shall be conducted by professionals in |
|
1 | behavioral health or addiction within 60 days of the start date |
2 | of each new employee of the licensee that is required to receive |
3 | training pursuant to the requirements of this chapter. |
4 | (e) Employee responsibility.--Each table game employee |
5 | shall, as a condition of employment with a licensee, be required |
6 | to identify patrons who the employee knows or suspects are |
7 | compulsive or problem gamblers and inform an immediate |
8 | supervisor or other managerial-level employee of the licensee of |
9 | that knowledge or suspicion. |
10 | CHAPTER 29 |
11 | MISCELLANEOUS PROVISIONS |
12 | Section 2901. Electronic funds transfer terminal; automatic |
13 | teller machines. |
14 | (a) Restriction on placement.--A person who holds a table |
15 | game license shall not install, own or operate or allow another |
16 | person to install, own or operate an electronic funds transfer |
17 | terminal on the premises of a licensed table game facility that |
18 | is less than 100 feet away from any table game in the facility. |
19 | (b) Prohibition on transfer of funds.--A person who holds a |
20 | table game license shall not install, own or operate or allow |
21 | another person to install, own or operate on the premises of the |
22 | table game facility a game that is played with a device that |
23 | allows a player to operate the game by transferring funds |
24 | electronically from a credit or debit card. |
25 | (c) Definition.--As used in this section "electronic funds |
26 | transfer terminal" means an information-processing device or an |
27 | automatic teller machine used for executing deposit account |
28 | transactions between financial institutions and their account |
29 | holders by either the direct transmission of electronic impulses |
30 | or the recording of electronic impulses for delayed processing. |
|
1 | The fact that a device is used for other purposes does not |
2 | prevent it from being an electronic funds transfer terminal |
3 | pursuant to this definition. |
4 | Section 2902. Liquor license. |
5 | Notwithstanding any other provision of law to the contrary, |
6 | an applicant for or a holder of a table game license issued |
7 | under the provisions of this act who is licensed to sell liquor |
8 | or malt or brewed beverages pursuant to the act of December 12, |
9 | 1951 (P.L.90, No.21), known as the Liquor Code, and who is |
10 | authorized to sell, furnish or give away such beverages in a |
11 | licensed slot machine facility pursuant to 4 Pa.C.S. Pt. II |
12 | (relating to gaming) shall be permitted to sell, furnish or give |
13 | liquor or malt or brewed beverages on premises of the licensed |
14 | table game facility so long as the liquor or malt or brewed |
15 | beverage remains in and is consumed in the licensed facility. |
16 | The provisions of 4 Pa.C.S. § 1521(c) (relating to liquor |
17 | licenses at licensed facilities) shall apply to any applicant |
18 | for or holder of a table game license under this act who is not |
19 | a holder of a license pursuant to the Liquor Code and who is not |
20 | a holder of a slot machine license at the time of licensure as a |
21 | table game facility under this act. |
22 | Section 2903. Exclusive jurisdiction of Pennsylvania Supreme |
23 | Court. |
24 | The Pennsylvania Supreme Court shall have exclusive |
25 | jurisdiction to hear any challenge to or to render a declaratory |
26 | judgment concerning the constitutionality of this act. The |
27 | Supreme Court is authorized to take such action as it deems |
28 | appropriate, consistent with the Supreme Court retaining |
29 | jurisdiction over the matter, to find facts or to expedite a |
30 | final judgment in connection with any challenge or request for |
|
1 | declaratory relief. |
2 | Section 2904. Appropriations. |
3 | (a) Appropriation to board.--The sum of $3,500,000 is hereby |
4 | appropriated to the Pennsylvania Gaming Control Board for the |
5 | fiscal year July 1, 2009, to June 30, 2010, to implement and |
6 | administer the provisions of this act. The money appropriated |
7 | pursuant to this subsection shall be considered a loan from the |
8 | General Fund and shall be repaid to the General Fund quarterly |
9 | commencing with the date table game licensees commence operation |
10 | of table games in accordance with this act. This appropriation |
11 | shall be a continuing appropriation and shall not lapse until |
12 | June 30, 2012. |
13 | (b) Appropriation to Pennsylvania State Police.--The sum of |
14 | $3,500,000 is hereby appropriated from the General Fund to the |
15 | Pennsylvania State Police for the fiscal year July 1, 2009, to |
16 | June 30, 2010, to carry out the powers, duties and |
17 | responsibilities conferred upon it under the applicable |
18 | provisions of this act. The money appropriated under this |
19 | subsection shall be considered a loan from the General Fund and |
20 | shall be repaid by the board to the General Fund quarterly |
21 | commencing when all table game licensees begin operation of |
22 | table games in accordance with this act. This appropriation |
23 | shall be a continuing appropriation and shall not lapse until |
24 | June 30, 2012. |
25 | (c) Appropriation to department.--The sum of $2,000,000 is |
26 | hereby appropriated from the General Fund to the Department of |
27 | Revenue for the fiscal year July 1, 2009, to June 30, 2010, to |
28 | carry out the powers, duties and responsibilities conferred upon |
29 | it under the applicable provisions of this act. The money |
30 | appropriated under this subsection shall be considered a loan |
|
1 | from the General Fund and shall be repaid to the General Fund by |
2 | the board quarterly commencing with the date table game |
3 | licensees begin operation of authorized table games in |
4 | accordance with this act. This appropriation shall be a |
5 | continuing appropriation and shall not lapse until June 30, |
6 | 2012. |
7 | (d) Appropriation to the Office of Attorney General.--The |
8 | sum of $2,000,000 is hereby appropriated from the General Fund |
9 | to the Office of Attorney General for the fiscal year July 1, |
10 | 2009, to June 30, 2010, to carry out the powers and duties |
11 | conferred upon it under the applicable provisions of this act. |
12 | The money appropriated under this subsection shall be considered |
13 | a loan from the General Fund and shall be repaid to the General |
14 | Fund by the board quarterly commencing with the date table game |
15 | licensees begin operation of authorized table games in |
16 | accordance with this act. This appropriation shall be a |
17 | continuing appropriation and shall not lapse until June 20, |
18 | 2012. |
19 | Section 2905. Severability. |
20 | The provisions of this act are severable. If any provision of |
21 | this act or its application to any person or circumstance is |
22 | held invalid, the invalidity shall not affect other provisions |
23 | or applications of this act that can be given effect without the |
24 | invalid provision or application. |
25 | Section 2906. Repeals. |
26 | (a) Specific.--Repeals are as follows: |
27 | (1) The General Assembly declares that the repeals under |
28 | paragraphs (1), (2) and (3) are necessary to effectuate the |
29 | provisions of this act. |
30 | (2) The provisions of 4 Pa.C.S. § 1403(c)(2)(i)(F) are |
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1 | repealed absolutely. |
2 | (3) The provisions of 18 Pa.C.S. § 5513(a) are repealed |
3 | insofar as they are inconsistent with the provisions of this |
4 | act. |
5 | (b) General.--All other acts or parts of acts are repealed |
6 | insofar as they are inconsistent with this act. |
7 | (c) Regulations and guidelines.--Any regulations or |
8 | guidelines adopted and promulgated by the Department of |
9 | Community and Economic Development under 4 Pa.C.S. § 1403(c)(2) |
10 | (i)(E) are hereby rescinded and declared void. |
11 | Section 2907. Effective date. |
12 | This act shall take effect immediately. |
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