PRINTER'S NO. 2423
No. 1864 Session of 2001
INTRODUCED BY MAITLAND, BROWNE, CREIGHTON, FLEAGLE AND TRICH,
JULY 11, 2001
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JULY 11, 2001
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 distributor licenses; providing for open records; and further
10 providing for licensing of eligible organizations to conduct
11 games of chance.
12 The General Assembly of the Commonwealth of Pennsylvania
13 hereby enacts as follows:
14 Section 1. Section 7(f) of the act of December 19, 1988
15 (P.L.1262, No.156), known as the Local Option Small Games of
16 Chance Act, is amended and the section is amended by adding a
17 subsection to read:
18 Section 7. Distributor licenses.
19 * * *
20 (f) Records.--The licensee shall keep such records, reports
21 and books as the department shall prescribe, including, but not
22 limited to, monthly aggregate records as required by subsection
1 (f.1). Applicants shall be required to make such records,
2 reports and books available as required by the department
3 pursuant to regulation.
4 (f.1) Monthly aggregate records.--At the end of each
5 calendar month, each licensee shall prepare and submit to the
6 department aggregate records concerning eligible organizations
7 which purchased games of chance from the licensee during the
8 month. These records shall contain, for each eligible
9 organization, all of the following:
10 (1) The organization's name, address and license number.
11 (2) A list of the games of chance, including form number
12 and serial number, purchased by the organization during the
13 month.
14 (3) The quantity and sales price of each individual item
15 purchased by the organization during the month.
16 (4) The ideal prize per game.
17 (5) The gross amount of sales to the organization during
18 the month, including all discount terms and the total dollar
19 amount of any discount.
20 (6) Any other records required by the department.
21 * * *
22 Section 2. The act is amended by adding a section to read:
23 Section 7.1. Open records.
24 The department shall allow public access to monthly aggregate
25 records submitted by distributor licensees pursuant to section
26 7(f.1) in the same manner as access is permitted to public
27 records under the act of June 21, 1957 (P.L.390, No.212),
28 entitled "An act requiring certain records of the Commonwealth
29 and its political subdivisions and of certain authorities and
30 other agencies performing essential governmental functions, to
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1 be open for examination and inspection by citizens of the
2 Commonwealth of Pennsylvania; authorizing such citizens under
3 certain conditions to make extracts, copies, photographs or
4 photostats of such records; and providing for appeals to the
5 courts of common pleas."
6 Section 3. Section 10(e) of the act, amended December 19,
7 1990 (P.L.812, No.195), is amended to read:
8 Section 10. Licensing of eligible organizations to conduct
9 games of chance.
10 * * *
11 (e) Application for license.--Each eligible organization
12 shall apply to the licensing authority for a license on a form
13 to be prescribed by the Secretary of Revenue. The form shall
14 contain an affidavit to be affirmed by the executive officer or
15 secretary of the eligible organization stating that:
16 (1) No person under 18 years of age will be permitted by
17 the eligible organization to operate or play games of chance.
18 (2) The facility in which the games of chance are to be
19 played has adequate means of ingress and egress and adequate
20 sanitary facilities available in the area.
21 (3) The eligible organization is not leasing such
22 premises from the owner thereof under an oral agreement, nor
23 is it leasing such premises from the owner thereof under a
24 written agreement at a rental which is determined by the
25 amount of receipts realized from the playing of games of
26 chance or by the number of people attending, except that an
27 eligible organization may lease a facility for a banquet
28 where a per head charge is applied in connection with the
29 serving of a meal.
30 (4) All proceeds from small games of chance to be
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1 conducted by the eligible organization shall be used
2 exclusively for public interest purposes or for the purchase
3 of games of chance as permitted by this act.
4 * * *
5 Section 4. Section 13 of the act is amended to read:
6 Section 13. Enforcement.
7 (a) District attorney.--The district attorney [shall] may
8 investigate alleged violations of this act. If the district
9 attorney finds probable cause to believe that a violation has
10 occurred, he may file a complaint against the alleged violator
11 in the court of common pleas of said county, except in counties
12 of the first class where the complaint may be filed in the
13 municipal court. In addition, the district attorney shall
14 prosecute said complaint in the manner provided by law.
15 (a.1) The Department of Revenue and the Office of Attorney
16 General.--
17 (1) The department may investigate alleged violations of
18 this act concerning the use of proceeds from small games of
19 chance. If the department finds that proceeds from small
20 games of chance have been used for purposes other than either
21 public interest purposes or the purchase of games of chance
22 as permitted by this act, it shall notify the Office of
23 Attorney General.
24 (2) If the Attorney General finds probable cause to
25 believe that a violation has occurred concerning the misuse
26 of proceeds from small games of chance, he may file a
27 complaint against the alleged violator in the court of common
28 pleas of the county where the alleged violation took place,
29 except in counties of the first class where the complaint may
30 be filed in the municipal court. In addition, the Attorney
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1 General shall prosecute said complaint in the manner provided
2 for in section 205(a)(6) of the act of October 15, 1980
3 (P.L.950, No.164), known as the Commonwealth Attorneys Act.
4 (b) Other law enforcement officials.--Nothing in this act
5 shall be interpreted to restrict the power of State, county or
6 local law enforcement officials to conduct investigations and
7 enforce the provisions of this act.
8 Section 4. This act shall take effect in 60 days.
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