PRINTER'S NO. 366
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
379
Session of
2021
INTRODUCED BY FONTANA AND COSTA, MARCH 10, 2021
REFERRED TO COMMUNITY, ECONOMIC AND RECREATIONAL DEVELOPMENT,
MARCH 10, 2021
AN ACT
Amending the act of December 19, 1988 (P.L.1262, No.156),
entitled "An act providing for the licensing of eligible
organizations to conduct games of chance, for the licensing
of persons to distribute games of chance, for the
registration of manufacturers of games of chance, and for
suspensions and revocations of licenses and permits;
requiring records; providing for local referendum by
electorate; and prescribing penalties," in tavern gaming,
further providing for definitions, for licenses, for
application, for approval, for distribution of net revenue,
for tavern games tax, for host municipality tavern games tax
and for enforcement.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 902 of the act of December 19, 1988
(P.L.1262, No.156), known as the Local Option Small Games of
Chance Act, is amended by adding a definition to read:
Section 902. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Tavern game." A tavern daily drawing, tavern weekly
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drawing, tavern raffle or game of chance.
* * *
Section 2. Sections 903(b)(4), (5), (6) and (7) and (e),
904, 905(c), 909, 909.1(a) and (c) and 909.2(a) and (c) of the
act are amended to read:
Section 903. Licenses.
* * *
(b) Information.--The application under subsection (a) shall
include the following information:
* * *
(4) [Certified consent by the applicant, including each
owner and officer of the restaurant licensee, to a background
investigation by the bureau.] A criminal history record
information report issued under 18 Pa.C.S. Ch. 91 (relating
to criminal history record information).
(5) Relating to criminal information under paragraph
(4), disclosure of all arrests and citations of the
applicant, including nontraffic summary offenses. The
information shall include all of the following:
(i) A brief description of the circumstances
surrounding the arrest or issuance of the citation.
(ii) The specific offense charged.
(iii) The ultimate disposition of the charge,
including any dismissal, plea bargain, conviction,
sentence, pardon, expungement or order of Accelerated
Rehabilitative Disposition.
(6) Financial background and interests and transactions
as required by the bureau.
(7) Relating to citations of the applicant issued under
the Liquor Code or any other discipline or penalty
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administered or issued by a Commonwealth agency.
* * *
[(e) Background investigation.--Each applicant shall include
information and documentation as required to establish personal
and financial suitability, honesty and integrity. Information
shall include:
(1) Criminal history record information.
(2) Financial background information.
(3) Regulatory history before the board or other
Commonwealth agency.
(4) Other information required by the bureau.]
* * *
Section 904. Application.
(a) Application fee.--An applicant shall pay the board a
nonrefundable application fee of [$1,000] $500.
[(b) Investigative fee.--An applicant shall pay an
investigative fee of $1,000 to the bureau.]
(c) [Costs.--In addition to the fee under subsection (b),
an] Investigative costs.--An applicant and any owner and officer
of the applicant shall pay for the actual costs of a background
investigation conducted by the bureau [that exceed the
application fee] not to exceed $1000. The bureau may:
(1) Charge an estimated amount to be provided prior to
the background investigation.
(2) Submit for reimbursement from the applicant for the
additional costs incurred in the background investigation.
(d) Funds.--Funds collected under [subsections (b) and]
subsection (c) shall augment the funds appropriated to the
Pennsylvania Gaming Control Board under 4 Pa.C.S. (relating to
amusements).
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Section 905. Approval.
* * *
(c) Fee.--Upon approval, the applicant shall pay a $2,000
license fee to be deposited in the General Fund. The annual
renewal fee shall be [$1,000] $500.
* * *
Section 909. Distribution of net revenue.
Beginning January 1, [2014] 2021, the net revenue from tavern
games received by a licensee shall be distributed as follows:
(1) [Sixty] Fifty percent of the net revenue obtained in
any calendar year shall be paid to the Commonwealth.
(2) [Thirty-five] Fifty percent of the net revenue
obtained in any calendar year may be retained by the
licensee.
[(3) Five percent shall be paid to the Commonwealth and
deposited into the restricted receipts account established in
section 909.3.]
Section 909.1. Tavern games tax.
(a) Imposition.--There is imposed a tax of [60%] 50% of the
net revenue from tavern games sold by a licensed distributor to
a licensee within this Commonwealth.
* * *
(c) Other games.--In an instance where the tavern game is
not required to be purchased from a licensed distributor under
this act, a tax of [60%] 50% is imposed upon the net revenue
from tavern daily drawings, tavern weekly drawings and tavern
raffles under section 908.1 and must be paid to the Commonwealth
by the licensee.
* * *
Section 909.2. Host municipality tavern games tax.
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(a) Imposition.--[There] In addition to the tavern games tax
under section 909.1, there is imposed a tax of 5% of the net
revenue from tavern games sold by a licensed distributor to a
licensee within this Commonwealth[.] in a municipality that has
adopted an ordinance imposing a host municipality tavern games
tax under this section and has filed the ordinance with the
Department of Revenue.
* * *
(c) Other games.--In an instance where the tavern game is
not required to be purchased from a licensed distributor under
this act, a tax of 5% is imposed in a municipality that has
adopted an ordinance imposing a host municipality tavern games
tax under subsection (a) upon the net revenue from tavern daily
drawings and tavern raffles under section 908.1 and must be paid
to the Commonwealth and deposited into the restricted receipts
account established in section 909.3.
* * *
Section 3. Section 913(f) of the act is amended by adding a
paragraph to read:
Section 913. Enforcement.
* * *
(f) Suspension, revocation or failure to renew.--
* * *
(3) A third violation of this chapter shall result in a
revocation of a license issued under this chapter. A licensee
shall be ineligible to apply for or be awarded a license
under this chapter for a period of five years after a
revocation.
Section 4. This act shall take effect in 60 days.
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