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                                                      PRINTER'S NO. 1113

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 947 Session of 2007


        INTRODUCED BY PALLONE, BELFANTI, CALTAGIRONE, CARROLL, DeLUCA,
           FABRIZIO, HANNA, HENNESSEY, HORNAMAN, JAMES, KORTZ, KOTIK,
           KULA, MAHONEY, MICOZZIE, MILLARD, MYERS, PETRONE, PRESTON,
           SAINATO, SIPTROTH, SOLOBAY, STABACK, SURRA, THOMAS, J. WHITE
           AND YOUNGBLOOD, MARCH 29, 2007

        REFERRED TO COMMITTEE ON GAMING OVERSIGHT, MARCH 29, 2007

                                     AN ACT

     1  Amending the act of December 19, 1988 (P.L.1262, No.156),
     2     entitled, as amended, "An act providing for the licensing of
     3     eligible organizations to conduct games of chance, for the
     4     licensing of persons to distribute games of chance, for the
     5     registration of manufacturers of games of chance, and for
     6     suspensions and revocations of licenses and permits;
     7     requiring records; providing for local referendum by
     8     electorate; and prescribing penalties," further providing for
     9     legislative intent, for the definition of "license";
    10     providing for poker tournaments; further providing for
    11     licensing of eligible organizations to conduct games of
    12     chance, for revocation of licenses, for local option, for
    13     advertising, for certain persons prohibited from having an
    14     interest in poker tournaments and for penalties; and making
    15     editorial changes.

    16     The General Assembly of the Commonwealth of Pennsylvania
    17  hereby enacts as follows:
    18     Section 1.  The title of the act of December 19, 1988
    19  (P.L.1262, No.156), known as the Local Option Small Games of
    20  Chance Act, amended December 19, 1990 (P.L.812, No.195), is
    21  amended to read:
    22                               AN ACT
    23  Providing for the licensing of eligible organizations to conduct

     1     games of chance and poker tournaments, for the licensing of
     2     persons to distribute games of chance, for the registration
     3     of manufacturers of games of chance, and for suspensions and
     4     revocations of licenses and permits; requiring records;
     5     providing for local referendum by electorate; and prescribing
     6     penalties.
     7     Section 2.  Sections 1 and 2 of the act are amended to read:
     8  Section 1.  Short title.
     9     This act shall be known and may be cited as the Local Option
    10  Small Games of Chance and Poker Tournament Act.
    11  Section 2.  Legislative intent.
    12     The General Assembly hereby declares that the playing of
    13  small games of chance and poker tournaments for the purpose of
    14  raising funds, by certain nonprofit associations, for the
    15  promotion of charitable or civic purposes, is in the public
    16  interest.
    17     It is hereby declared to be the policy of the General
    18  Assembly that all phases of licensing, operation and regulation
    19  of small games of chance and poker tournaments be strictly
    20  controlled, and that all laws and regulations with respect
    21  thereto as well as all gambling laws should be strictly
    22  construed and rigidly enforced.
    23     The General Assembly recognizes the possibility of
    24  association between commercial gambling and organized crime, and
    25  wishes to discourage commercialization of small games of chance
    26  and poker tournaments, prevent participation by organized crime
    27  and prevent the diversion of funds from the purposes herein
    28  authorized.
    29     Section 3.  The definition of "license" in section 3 of the
    30  act, amended December 19, 1990 (P.L.812, No.195), is amended to
    20070H0947B1113                  - 2 -     

     1  read:
     2  Section 3.  Definitions.
     3     The following words and phrases when used in this act shall
     4  have the meanings given to them in this section unless the
     5  context clearly indicates otherwise:
     6     * * *
     7     "License."  A license to conduct games of chance and poker
     8  tournaments.
     9     * * *
    10     Section 4.  The act is amended by adding a section to read:
    11  Section 4.1.  Poker tournaments permitted.
    12     (a)  Conduct of tournaments.--Every eligible organization to
    13  which a license has been issued under this act may conduct poker
    14  tournaments for the purpose of raising funds for public interest
    15  purposes. The eligible organization shall advertise the time and
    16  place of the poker tournament at least one week in advance, and
    17  all poker tournaments shall conclude on the same day as they
    18  started. All proceeds of poker tournaments shall be used
    19  exclusively for public interest purposes as permitted by this
    20  act.
    21     (b)  Entry fee.--An eligible organization may charge a person
    22  wishing to participate in a poker tournament an entry fee of no
    23  more than $100.
    24     (c)  Betting.--A person participating in a poker tournament
    25  may bet no more than $5 per bet.
    26     (d)  Raising.--The total raises per hand may not exceed five.
    27     (e)  Prizes.--Notwithstanding section 5, eligible
    28  organizations shall pay out prizes to no more than the top five
    29  winning persons in a declining share based on the person's final
    30  placement in the tournament. The prize pool shall be based on
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     1  the total of the entry fees collected.
     2     (f)  Costs and profit.--The eligible organization may keep up
     3  to 25% of the entry fees collected.
     4     (g)  Definitions.--As used in this section, the following
     5  words and phrases shall have the meanings given to them in this
     6  subsection:
     7     "Ante."  A player's initial wager or predetermined
     8  contribution to the pot prior to dealing of the first hand.
     9     "Bet."  To make a wager by putting chips into the pot.
    10     "Hand."  One game in a series, one deal in a card game or the
    11  cards held by a player.
    12     "Poker."  Any game, regardless of the number of cards or how
    13  it is dealt, which uses the standard poker "winning hand"
    14  hierarchy, for example, five of a kind beats straight, flush
    15  beats four of a kind, etc.
    16     "Poker tournament."  An event in which poker players compete
    17  for all or part of a prize pool.
    18     "Pot."  The total amount anted and wagered by all players
    19  during a hand.
    20     "Prize pool."  The prize pool shall consist of the entry fees
    21  collected minus any amount kept by the eligible organization
    22  under subsection (f).
    23     "Raise."  A wager made in an amount greater than the
    24  immediately preceding wager.
    25     Section 5.  Section 10 of the act, amended December 19, 1990
    26  (P.L.812, No.195) and October 18, 2000 (P.L.602, No.79), is
    27  amended to read:
    28  Section 10.  Licensing of eligible organizations to conduct
    29                 games of chance and poker tournaments.
    30     (a)  License required.--No eligible organization shall
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     1  conduct or operate any games of chance and poker tournaments
     2  unless such eligible organization has obtained and maintains a
     3  valid license issued pursuant to this section. Auxiliary groups
     4  within eligible organizations shall be eligible to conduct small
     5  games of chance and poker tournaments using the license issued
     6  to the eligible organization provided that the auxiliary group
     7  or groups are listed on the application and license of the
     8  eligible organization. No additional licensing fee shall be
     9  charged for an auxiliary group's eligibility under this act.
    10  Auxiliary groups shall not include branches, lodges or chapters
    11  of a Statewide organization.
    12     (b)  Issuance and fees.--The licensing authority shall
    13  license, upon application, within 30 days any eligible
    14  organization meeting the requirements for licensure contained in
    15  this act to conduct and operate games of chance and poker
    16  tournaments at such locations within the county or in such
    17  manner as stated on the application as limited by subsection
    18  (b.1). The license fee to be charged to each eligible
    19  organization shall be $100, except for limited occasion licenses
    20  which shall be $10. Licenses shall be renewable annually upon
    21  the anniversary of the date of issue.
    22     (b.1)  Location of small games of chance.--Where there exists
    23  a location or premises which is the normal business or operating
    24  site of the eligible organization and is owned or leased by that
    25  eligible organization to conduct its normal business, that site
    26  shall be the licensed premises for small games of chance and
    27  poker tournaments conducted by the eligible organization. If
    28  that location consists of more than one building and the
    29  eligible organization wishes to conduct its games and poker
    30  tournaments in a different building at that location from the
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     1  one that is listed on its application and license, the eligible
     2  organization must notify, in writing, the district attorney and
     3  the licensing authority of the change in building site and the
     4  dates and times that will be affected. When an eligible
     5  organization does not own or lease a specific location to
     6  conduct its normal business, that eligible organization may use
     7  another eligible organization's premises to conduct its games
     8  and poker tournaments or may make such other arrangements that
     9  are consistent with this act, including, but not limited to,
    10  leasing a premise under a written agreement for a rental which
    11  is not determined by either the amount of receipts realized from
    12  the playing of games of chance and poker tournaments nor the
    13  number of people attending except that an eligible organization
    14  may lease a facility for a banquet where a per head charge is
    15  applied in connection with the serving of a meal. When such
    16  eligible organization changes the site of its games and poker
    17  tournaments from that which is listed on its application and
    18  license, the eligible organization must notify, in writing, the
    19  district attorney and licensing authority of the change in their
    20  games' and poker tournaments' site and dates and times that will
    21  be affected.
    22     (b.2)  Off-premises games of chance and poker tournaments.--
    23  Notwithstanding any other provisions of this section, an
    24  eligible organization may conduct small games of chance and
    25  poker tournaments at a location off its premises when such games
    26  and poker tournaments are part of an annual carnival, fair,
    27  picnic or banquet held or participated in by that eligible
    28  organization on a historical basis. The eligible organization
    29  must notify, in writing, the district attorney and licensing
    30  authority of the location, date and times of such events where
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     1  it will be conducting small games of chance and poker
     2  tournaments.
     3     (b.3)  Limited occasion licenses.--Eligible organizations
     4  which do not own their own premises or which do not lease a
     5  specific location to conduct their normal business may apply for
     6  a limited occasion license to conduct small games of chance and
     7  poker tournaments on not more than three occasions covering a
     8  total of seven days during a licensed year. A limited occasion
     9  license entitles eligible organizations holding such a license
    10  to conduct no more than two raffles during a licensed year where
    11  prizes may not exceed the established limits for regular monthly
    12  raffles. Holders of limited occasion licenses may not apply or
    13  be granted any other license or special permit under this act.
    14  No holder of a regular license or special permit under this act
    15  shall apply or be granted a limited occasion license.
    16     (b.4)  Gambling facility prohibited.--It shall be unlawful
    17  for a person, corporation, association, partnership or other
    18  business entity to offer for rent or offer for use a building or
    19  facility to be used exclusively for the conducting of small
    20  games of chance and poker tournaments. It shall also be unlawful
    21  for any eligible organization to lease under any terms a
    22  facility or building which is used exclusively for the
    23  conducting of small games of chance and poker tournaments.
    24     (c)  Display.--Licenses issued pursuant to this section shall
    25  be publicly displayed at the site of the small games of chance
    26  and poker tournaments.
    27     (d)  Operation.--Each licensed eligible organization shall
    28  comply with the following restrictions and rules governing the
    29  operation of games of chance and poker tournaments:
    30         (1)  No person under 18 years of age shall be permitted
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     1     to operate or play games of chance and poker tournaments.
     2         (2)  No eligible organization shall permit any person who
     3     has been convicted of a felony in a Federal or State court
     4     within the past five years or has been convicted in a Federal
     5     or State court within the past ten years of a violation of
     6     the act of July 10, 1981 (P.L.214, No.67), known as the Bingo
     7     Law, or of this act to manage, set up, supervise or
     8     participate in the operation of games of chance and poker
     9     tournaments.
    10         (3)  No eligible organization shall pay any compensation
    11     to any person for conducting any games of chance and poker
    12     tournaments. Games of chance and poker tournaments may only
    13     be conducted by managers, officers, directors, bar personnel
    14     and bona fide members of the eligible organization.
    15         (4)  Games and poker tournaments shall be conducted only
    16     on the licensed premises or as otherwise provided by this
    17     act.
    18         (5)  The eligible organization shall not lease such
    19     premises under either an oral or a written agreement for a
    20     rental which is determined by either the amount of receipts
    21     realized from the playing of games of chance and poker
    22     tournaments or the number of people attending, except that an
    23     eligible organization may lease a facility for a banquet
    24     where a per head charge is applied in connection with the
    25     serving of a meal. An eligible organization shall not lease
    26     such premises from any person who has been convicted of a
    27     violation of this act within the past ten years.
    28         (6)  Games, other than raffles, daily drawings and weekly
    29     drawings, shall be purchased only from manufacturers and
    30     distributors approved by the department.
    20070H0947B1113                  - 8 -     

     1         (7)  No licensed eligible organization shall permit its
     2     premises to be used for small games of chance and poker
     3     tournaments by another licensed eligible organization at the
     4     same time that it is conducting small games of chance and
     5     poker tournaments on the premises. When a licensed eligible
     6     organization is permitting another licensed eligible
     7     organization to use its premises for purposes of small games
     8     of chance and poker tournaments, it must cease the operation
     9     of its own small games of chance and poker tournaments during
    10     the period that the other licensed eligible organization is
    11     conducting its games and poker tournaments on the premises.
    12         (8)  Raffle tickets may be sold off the licensed premise
    13     in any municipality in this Commonwealth which has adopted
    14     the provisions of this act by an affirmative vote in a
    15     municipal referendum. A licensed eligible organization which
    16     plans to sell raffle tickets in a municipality located in a
    17     county other than the county in which the eligible
    18     organization is licensed must notify that county's district
    19     attorney and licensing authority as to the location and the
    20     dates that the eligible organization plans to sell raffle
    21     tickets.
    22     (e)  Application for license.--Each eligible organization
    23  shall apply to the licensing authority for a license on a form
    24  to be prescribed by the Secretary of Revenue. The form shall
    25  contain an affidavit to be affirmed by the executive officer or
    26  secretary of the eligible organization stating that:
    27         (1)  No person under 18 years of age will be permitted by
    28     the eligible organization to operate or play games of chance
    29     and poker tournaments.
    30         (2)  The facility in which the games of chance and poker
    20070H0947B1113                  - 9 -     

     1     tournaments are to be played has adequate means of ingress
     2     and egress and adequate sanitary facilities available in the
     3     area.
     4         (3)  The eligible organization is not leasing such
     5     premises from the owner thereof under an oral agreement, nor
     6     is it leasing such premises from the owner thereof under a
     7     written agreement at a rental which is determined by the
     8     amount of receipts realized from the playing of games of
     9     chance and poker tournaments or by the number of people
    10     attending, except that an eligible organization may lease a
    11     facility for a banquet where a per head charge is applied in
    12     connection with the serving of a meal.
    13     (f)  List of licensees.--The licensing authority, on a
    14  semiannual basis, shall send a copy of all licensees to the
    15  Department of Revenue.
    16     (g)  List of municipalities.--The licensing authority shall
    17  include with any license or renewal issued to an eligible
    18  organization, an up-to-date listing of those municipalities
    19  within the licensing county which have approved the referendum
    20  question on small games of chance and poker tournaments.
    21     Section 6.  Section 12 of the act, amended December 19, 1990
    22  (P.L.812, No.195), is amended to read:
    23  Section 12.  Revocation of licenses.
    24     (a)  Grounds.--The licensing authority shall revoke or refuse
    25  to renew the license of any eligible organization whenever the
    26  district attorney finds upon complaint and investigation that:
    27         (1)  Any of the funds derived from the operation of games
    28     of chance and poker tournaments are used for any purpose
    29     other than for public interest purposes or for the purchase
    30     of games of chance as permitted by this act.
    20070H0947B1113                 - 10 -     

     1         (2)  Any person under 18 years of age is operating or
     2     playing games of chance and poker tournaments as defined in
     3     this act.
     4         (3)  The eligible organization has permitted any person
     5     who has been convicted of a felony in a Federal or State
     6     court within the past five years or has been convicted in a
     7     Federal or State court within the past ten years of a
     8     violation of the act of July 10, 1981 (P.L.214, No.67), known
     9     as the Bingo Law, or of this act, to manage, set up,
    10     supervise or participate in the operation of games of chance
    11     and poker tournaments.
    12         (4)  The facility in which the games of chance and poker
    13     tournaments are played does not have adequate means of
    14     ingress and egress and does not have adequate sanitary
    15     facilities available in the area.
    16         (5)  Any person or persons other than a manager, officer,
    17     director, bar personnel or a bona fide member of an eligible
    18     organization have been involved in managing, setting up,
    19     operating or running games of chance and poker tournaments.
    20         (6)  Any person has received compensation for conducting
    21     games of chance and poker tournaments.
    22         (7)  Any prize has been awarded in excess of the limits
    23     permitted under this act.
    24         (8)  The eligible organization has violated any condition
    25     of a special permit issued pursuant to section 11.
    26         (9)  The eligible organization conducts the games of
    27     chance and poker tournaments under a lease which calls for:
    28             (i)  leasing such premises from the owner thereof
    29         under an oral agreement; or
    30             (ii)  leasing such premises from the owner thereof
    20070H0947B1113                 - 11 -     

     1         under a written agreement at a rental which is determined
     2         by the amount of receipts realized from the playing of
     3         games of chance and poker tournaments.
     4         (10)  False or erroneous information was provided in the
     5     original application.
     6         (11)  An eligible organization has been convicted of a
     7     violation of this act as evidenced by a certified record of
     8     the conviction.
     9         (12)  The eligible organization has permitted another
    10     eligible organization to conduct small games of chance and
    11     poker tournaments on its licensed premises without suspending
    12     its own operation of small games of chance and poker
    13     tournaments during the period that the other licensed
    14     eligible organization is conducting its games and poker
    15     tournaments on the premises.
    16     (b)  Production of records.--The district attorney may
    17  require licensees to produce their books, accounts and records
    18  relating to the conduct of games of chance and poker tournaments
    19  in order to determine whether a license should be revoked or
    20  renewal thereof denied. Licensees shall also be required to
    21  produce their license, books, accounts and records relating to
    22  the conduct of games of chance and poker tournaments to other
    23  law enforcement officials upon proper request.
    24     Section 7.  Section 14(a) of the act is amended to read:
    25  Section 14.  Local option.
    26     (a)  Election to be held.--In any municipality, an election
    27  may be held on the date of the primary election immediately
    28  preceding any municipal election, but not more than once in four
    29  years, to determine the will of the electors with respect to the
    30  issuance of licenses within the limits of such municipality
    20070H0947B1113                 - 12 -     

     1  under the provisions of this act. Where an election shall have
     2  been held at the primary election preceding a municipal election
     3  in any year, another election may be held under the provisions
     4  of this act at the primary election occurring the fourth year
     5  after such prior election. Whenever electors equal to at least
     6  25% of the highest vote cast for any office in the municipality
     7  at the last preceding general election shall file a petition
     8  with the county board of elections of the county, or the
     9  governing body of the municipality adopts, by a majority vote, a
    10  resolution to place such a question on the ballot and a copy of
    11  the resolution is filed with the board of elections of the
    12  county, for a referendum on the question of issuing licenses,
    13  the county board of elections shall cause a question to be
    14  placed on the ballot or on the voting machine board and
    15  submitted at the primary election immediately preceding the
    16  municipal election. The question shall be in the following form:
    17         Do you favor the issuance of licenses
    18         to conduct small games of chance and poker
    19         tournaments in the            of         ?
    20     * * *
    21     Section 8.  Section 15 of the act, amended December 19, 1990
    22  (P.L.812, No.195), is amended to read:
    23  Section 15.  Advertising.
    24     It shall be unlawful for any eligible organization or person
    25  to advertise the prizes or their dollar value to be awarded in
    26  games of chance and poker tournaments, provided that prizes may
    27  be identified on raffle tickets. Notwithstanding the prohibition
    28  of advertising contained within this section, an eligible
    29  organization may advertise prizes and values thereof in periodic
    30  publications which are limited in their circulation to members
    20070H0947B1113                 - 13 -     

     1  of the eligible organization.
     2     Section 9.  Section 16 of the act is amended to read:
     3  Section 16.  Certain persons prohibited.
     4     No distributor nor any person who has been convicted of a
     5  felony or of a violation of the act of July 10, 1981 (P.L.214,
     6  No.67), known as the Bingo Law, or of this act or of any
     7  comparable State or Federal law shall have a pecuniary interest
     8  in the operation or proceeds of games of chance and poker
     9  tournaments.
    10     Section 10.  Section 17 of the act, amended December 19, 1990
    11  (P.L.812, No.195), is amended to read:
    12  Section 17.  Penalties.
    13     (a)  Eligible organizations.--Any eligible organization
    14  violating the provisions of this act shall be guilty of a
    15  summary offense and, upon conviction thereof, shall be sentenced
    16  to pay a fine not exceeding $1,000 and shall for a first
    17  offense, forfeit the license to conduct games of chance and
    18  poker tournaments issued to the eligible organization for the
    19  remainder of the licensing period or six months, whichever is
    20  longer, for a second offense, forfeit the license issued to the
    21  eligible organization for the remainder of the current licensing
    22  period and be ineligible to be licensed for the following
    23  licensing period, for a third or subsequent offense, forfeit the
    24  license issued to the eligible organization and be ineligible
    25  for a license renewal for 30 months thereafter.
    26     (b)  Individuals.--Any person who conducts or assists in the
    27  conducting of games of chance and poker tournaments in violation
    28  of the provisions of this act is guilty of a summary offense for
    29  a first violation. A second violation of this act shall be
    30  punishable as a misdemeanor of the third degree. A third or
    20070H0947B1113                 - 14 -     

     1  subsequent violation shall be punishable as a misdemeanor of the
     2  first degree.
     3     (c)  Distributors and manufacturers.--Any person who
     4  distributes games of chance without a license or in violation of
     5  any provision of this act or applicable regulations, and any
     6  manufacturer of games of chance who delivers games of chance for
     7  sale or distribution in this Commonwealth who fails to obtain a
     8  permit therefor is guilty of a misdemeanor of the first degree,
     9  provided that no license or permit shall be required for the
    10  manufacture or distribution of raffle tickets.
    11     (d)  Rigging.--A person commits a misdemeanor of the first
    12  degree if, with intent to prevent a game of chance and poker
    13  tournaments from being conducted in accordance with the
    14  requirements of this act or the rules and usages governing the
    15  game and poker tournaments, he:
    16         (1)  confers or offers or agrees to confer any benefit
    17     upon or threatens any injury to a participant or other person
    18     associated with the game and poker tournaments;
    19         (2)  tampers with any person or games and poker
    20     tournaments; or
    21         (3)  solicits, accepts or agrees to accept any benefit.
    22     (e)  Contingent fees.--Any person who distributes,
    23  manufactures or operates a small game of chance and poker
    24  tournaments and who requires, for equipment furnished or to play
    25  a game and poker tournaments, payment equal to a percentage of
    26  the total winnings of any game and poker tournaments commits a
    27  misdemeanor of the first degree.
    28     Section 11.  This act shall take effect in 60 days.


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