PRINTER'S NO. 604
No. 542 Session of 1989
INTRODUCED BY SALOOM, TIGUE, VEON, DALEY, REBER, KENNEY, BISHOP
AND PETRARCA, FEBRUARY 15, 1989
REFERRED TO COMMITTEE ON LIQUOR CONTROL, FEBRUARY 15, 1989
AN ACT
1 Amending the act of December 19, 1988 (P.L. , No.156), entitled
2 "An act providing for the licensing of clubs to conduct games
3 of chance, for the licensing of persons to distribute games
4 of chance, for the registration of manufacturers of games of
5 chance, and for suspensions and revocations of licenses and
6 permits; requiring records; providing for local referendum by
7 electorate; and prescribing penalties," further providing for
8 age restrictions for small games of chance participation.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Sections 10(d) and (e) and 12(a) of the act of
12 December 19, 1988 (P.L. , No.156), known as the Local Option
13 Small Games of Chance Act, are amended to read:
14 Section 10. Licensing of clubs to conduct games of chance.
15 * * *
16 (d) Operation.--Each licensed club shall comply with the
17 following restrictions and rules governing the operation of
18 games of chance:
19 (1) No person under 18 years of age[, or in the case of
20 a club holding a liquor license, 21 years of age,] shall be
1 permitted to operate or play games of chance in any licensed
2 facility.
3 (2) No club shall permit any person who has been
4 convicted of a felony or a violation of the act of July 10,
5 1981 (P.L.214, No.67), known as the Bingo Law, or of this act
6 to manage, set up, supervise or participate in the operation
7 of games of chance.
8 (3) No club shall pay any compensation to any person for
9 conducting any games of chance. Games of chance may only be
10 conducted by club managers, officers, directors, bar
11 personnel and persons who have been bona fide members of the
12 club for at least one year.
13 (4) Games shall be conducted only on the licensed
14 premises, except that raffle tickets may be sold at other
15 locations for drawings to be held no more frequently than
16 once a calendar month.
17 (5) The club shall own the premises upon which games of
18 chance are played or shall lease such premises under a
19 written agreement for a rental which is not determined by
20 either the amount of receipts realized from the playing of
21 games of chance nor the number of people attending. A club
22 shall not lease such premises from any person who has been
23 convicted of a violation of this act.
24 (6) Games, other than raffles, shall be purchased only
25 from manufacturers and distributors approved by the
26 department.
27 (7) No location or licensed premises may be used by more
28 than one licensed club for the conducting of games of chance.
29 (e) Application for license.--Each club shall apply to the
30 licensing authority for a license on a form to be prescribed by
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1 the Secretary of Revenue. The form shall contain an affidavit to
2 be affirmed by the executive officer or secretary of the club
3 stating that:
4 (1) No person under 18 years of age[, or in the case of
5 a club holding a liquor license, 21 years of age,] will be
6 permitted by the club to operate or play games of chance.
7 (2) The facility in which the games of chance are to be
8 played has adequate means of ingress and egress and adequate
9 sanitary facilities available in the area.
10 (3) The club is the owner of the premises upon which the
11 games of chance are played or, if it is not, that the club is
12 not leasing such premises from the owner thereof under an
13 oral agreement, nor is it leasing such premises from the
14 owner thereof under a written agreement at a rental which is
15 determined by the amount of receipts realized from the
16 playing of games of chance or by the number of people
17 attending.
18 * * *
19 Section 12. Revocation of licenses.
20 (a) Grounds.--The licensing authority shall revoke or refuse
21 to renew the license of any club whenever the district attorney
22 finds upon complaint and investigation that:
23 (1) Any of the funds derived from the operation of games
24 of chance are used for any purpose other than for legitimate
25 club purposes or for the purchase of games of chance as
26 permitted by this act.
27 (2) Any person under 18 years of age[, or in the case of
28 a club holding a liquor license, a person under 21 years of
29 age,] is operating or playing games of chance as defined in
30 this act.
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1 (3) The club has permitted any person who has been
2 convicted of a felony or a violation of the act of July 10,
3 1981 (P.L.214, No.67), known as the Bingo Law, or of this
4 act, to manage, set up, supervise or participate in the
5 operation of games of chance.
6 (4) The facility in which the games of chance are played
7 does not have adequate means of ingress and egress and does
8 not have adequate sanitary facilities available in the area.
9 (5) Any person or persons other than a manager, officer,
10 director, bar personnel or a bona fide member of a club have
11 been involved in managing, setting up, operating or running
12 games of chance.
13 (6) Any person has received compensation for conducting
14 games of chance.
15 (7) Any prize has been awarded in excess of the limits
16 permitted under this act.
17 (8) The club has violated any condition of a special
18 permit issued pursuant to section 10.
19 (9) The club conducts the games of chance upon premises
20 which it does not own or lease in accordance with this act
21 and is either:
22 (i) leasing such premises from the owner thereof
23 under an oral agreement; or
24 (ii) leasing such premises from the owner thereof
25 under a written agreement at a rental which is determined
26 by the amount of receipts realized from the playing of
27 games of chance.
28 (10) False or erroneous information was provided in the
29 original application.
30 (11) A club has been convicted of a violation of this
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1 act as evidenced by a certified record of the conviction.
2 (12) The club has permitted another club to use its
3 licensed premises for the conducting of games of chance.
4 (13) A club has conducted more than one raffle in any
5 calendar month.
6 * * *
7 Section 2. This act shall take effect immediately.
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