PRINTER'S NO. 2612
No. 1992 Session of 2001
INTRODUCED BY LYNCH, OCTOBER 3, 2001
REFERRED TO COMMITTEE ON STATE GOVERNMENT, OCTOBER 3, 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," providing for sales 9 of games of chance to eligible organizations by the 10 Department of Revenue; deleting provisions relating to 11 licensing of distributors; and further providing for 12 enforcement. 13 The General Assembly of the Commonwealth of Pennsylvania 14 hereby enacts as follows: 15 Section 1. Section 6 of the act of December 19, 1988 16 (P.L.1262, No.156), known as the Local Option Small Games of 17 Chance Act, amended December 19, 1990 (P.L.812, No.195), is 18 amended to read: 19 Section 6. Sales limited. 20 (a) Sales by department.--Eligible organizations may only 21 obtain games of chance from the department, which shall have 22 sole control over sales of games of chance to eligible
1 organizations licensed under this act. No other person shall 2 sell, offer for sale or furnish games of chance for use within 3 this Commonwealth [except to an eligible organization or 4 distributor licensed under this act]. 5 (b) Limitation.--No game of chance, other than a raffle, 6 sold, offered for sale or furnished for use within this 7 Commonwealth shall contain, permit, depict or designate a prize 8 having a cash value in excess of $500. 9 (c) Exception.--This section shall not apply to the 10 manufacture or distribution of raffle tickets. 11 Section 2. Section 7 of the act is repealed. 12 Section 3. Section 8 of the act is amended to read: 13 Section 8. Registration of manufacturers. 14 (a) Registration required.--No manufacturer of games of 15 chance shall sell or deliver any games of chance [to]: 16 (1) To any person [unless] other than the department. 17 (2) Unless the manufacturer has registered with the 18 department and has been issued a certificate of registration. 19 (b) Annual certificate; fee.--A certificate under this 20 section shall be valid for one year. The annual fee for 21 registration shall be $2,000. 22 [(c) Prohibited sales.--A manufacturer shall not sell games 23 of chance to any person not licensed as a distributor unless the 24 manufacturer is also a licensed distributor.] 25 (d) Exception.--This section shall not apply to the 26 manufacture or distribution of raffle tickets. 27 Section 4. Section 9(a) of the act, amended December 19, 28 1990 (P.L.812, No.195), is amended to read: 29 Section 9. Regulations of department. 30 (a) Authorization.--The department shall promulgate 20010H1992B2612 - 2 -
1 regulations to: 2 (1) Impose minimum standards and restrictions applicable 3 to games of chance manufactured for sale in this 4 Commonwealth, which may include standards and restrictions 5 which specify the maximum number of chances available to be 6 sold for any single game or prize and such other standards 7 and restrictions as the department deems necessary for the 8 purposes of this act. The department shall consider standards 9 adopted by the National Association of Gambling Regulatory 10 Agencies and other standards commonly accepted in the 11 industry. 12 (2) Establish procedures by which manufacturers may 13 register [and distributors of games of chance may apply for 14 licensure] on forms which the department shall provide. 15 (3) Provide for the suspension or revocation of 16 [distribution licenses or] manufacturer certificates for 17 violations of this act or regulations of the department. 18 (4) Carry out other provisions of this act. 19 * * * 20 Section 5. Section 10(d)(6) of the act, amended October 18, 21 2000 (P.L.602, No.79), is amended to read: 22 Section 10. Licensing of eligible organizations to conduct 23 games of chance. 24 * * * 25 (d) Operation.--Each licensed eligible organization shall 26 comply with the following restrictions and rules governing the 27 operation of games of chance: 28 * * * 29 (6) Games, other than raffles[, daily drawings and 30 weekly drawings], shall be purchased only from manufacturers 20010H1992B2612 - 3 -
1 and distributors approved by the department. 2 * * * 3 Section 6. Section 13 of the act is amended by adding a 4 subsection to read: 5 Section 13. Enforcement. 6 * * * 7 (c) Bureau of Liquor Control Enforcement.--In addition to 8 other enforcement provisions of this section, the Bureau of 9 Liquor Control Enforcement of the Pennsylvania State Police 10 shall investigate alleged violations of this act by an eligible 11 organization which is licensed to sell liquor at retail. The 12 license of the eligible organization to sell liquor may be 13 revoked or suspended and a fine may be imposed in accordance 14 with section 471 of the act of April 12, 1951 (P.L.90, No.21), 15 known as the Liquor Code, for a violation of this act. 16 Section 7. Sections 16 and 17(c) of the act are amended to 17 read: 18 Section 16. Certain persons prohibited. 19 No [distributor nor any] person who has been convicted of a 20 felony or of a violation of the act of July 10, 1981 (P.L.214, 21 No.67), known as the Bingo Law, or of this act or of any 22 comparable State or Federal law shall have a pecuniary interest 23 in the operation or proceeds of games of chance. 24 Section 17. Penalties. 25 * * * 26 (c) Distributors and manufacturers.--Any person who 27 distributes games of chance [without a license or] in violation 28 of any provision of this act or applicable regulations, and any 29 manufacturer of games of chance who delivers games of chance for 30 sale or distribution in this Commonwealth who fails to obtain a 20010H1992B2612 - 4 -
1 permit therefor is guilty of a misdemeanor of the first degree, 2 provided that no license or permit shall be required for the 3 manufacture or distribution of raffle tickets. 4 * * * 5 Section 8. This act shall take effect in 60 days. I4L04JLW/20010H1992B2612 - 5 -