PRINTER'S NO. 485
No. 406 Session of 2003
INTRODUCED BY MELLOW, WAGNER, MUSTO, KUKOVICH, LAVALLE,
TARTAGLIONE, LOGAN, KITCHEN, RAFFERTY, SCHWARTZ, C. WILLIAMS,
BOSCOLA, STOUT, COSTA AND STACK, MARCH 12, 2003
REFERRED TO FINANCE, MARCH 12, 2003
AN ACT
1 Amending the act of August 26, 1971 (P.L.351, No.91), entitled
2 "An act providing for a State Lottery and administration
3 thereof; authorizing the creation of a State Lottery
4 Commission; prescribing its powers and duties; disposition of
5 funds; violations and penalties therefor; exemption of prizes
6 from State and local taxation and making an appropriation,"
7 further providing for lottery sales agents.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Section 305 of the act of August 26, 1971
11 (P.L.351, No.91), known as the State Lottery Law, amended
12 November 21, 1996 (P.L.741, No.134), is amended to read:
13 Section 305. Lottery sales agents.
14 (a) Licensing.--No license as an agent to sell lottery
15 tickets or shares shall be issued to any person to engage in
16 business exclusively as a lottery sales agent. Before issuing
17 such license the secretary shall consider such factors as:
18 (1) The financial responsibility and security of the
19 person and his business or activity.
20 (2) The accessibility of his place of business or
1 activity to the public.
2 (3) The sufficiency of existing licenses to serve the
3 public convenience.
4 (4) The volume of expected sales.
5 (b) Approval of applicant.--If the secretary shall find that
6 the experience, character and general fitness of the applicant
7 are such that the participation of such person as a lottery
8 sales agent will be consistent with the public interest,
9 convenience and necessity, it may thereupon grant a license.
10 Without limiting the generality of the foregoing, the
11 secretary may refuse to issue a license pursuant to this
12 section, or may suspend or revoke a license so issued if it
13 shall find that the applicant or licensee:
14 (1) Has been convicted of a crime involving moral
15 turpitude.
16 (2) Has engaged in bookmaking or other form of illegal
17 gambling.
18 (3) Has been found guilty of any fraud or
19 misrepresentation in any connection.
20 (4) Has violated any rule, regulation or order of the
21 secretary.
22 (b.1) Bond.--Notwithstanding any other provision of this
23 section, no person shall be issued or hold a license under this
24 section unless the person annually posts a bond in an amount not
25 less than $10,000 with the secretary.
26 (c) Denial of license.--The secretary may refuse to grant a
27 license or may suspend or revoke a license issued pursuant to
28 this section to a corporation, if it shall determine that:
29 (1) Any officer, director, member or stockholder of such
30 corporation applying for a license or of any corporation
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1 which owns stock in or shares in the profits, or participates
2 in the management of the affairs of such applicant:
3 (i) has been convicted of a crime involving moral
4 turpitude;
5 (ii) has engaged in bookmaking or other forms of
6 illegal gambling;
7 (iii) has been found guilty of any fraud or
8 misrepresentation in any connection; or
9 (iv) has violated any rule, regulation or order of
10 the secretary.
11 (2) The experience, character, or general fitness of any
12 officer, director, or stockholder of any of the aforesaid
13 corporations is such that the participation of such person as
14 a lottery sales agent would be inconsistent with the public
15 interest, convenience or necessity, but if the secretary
16 determines that the interest of any stockholder referred to
17 in this paragraph or in paragraph (1) is sufficient, in the
18 opinion of the secretary, to affect adversely the conduct of
19 a lottery sales agency by such corporation in accordance with
20 the provisions of this chapter, the secretary may disregard
21 such interest in determining whether or not to grant a
22 license to such corporation.
23 (3) The applicant is not the owner or the lessee of the
24 business at which it will conduct a lottery sales agency
25 pursuant to the license applied for, or that any person,
26 firm, association, or corporation other than the applicant
27 shares, or will share, in the profits of the applicant, other
28 than by dividends as a stockholder, or participates, or will
29 participate, in the management of the affairs of the
30 applicant.
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1 (d) Temporary license.--Pending final determination of any
2 question under this section, the secretary may issue a temporary
3 license upon such terms and conditions as it may deem necessary,
4 desirable or proper to effectuate the provisions of this
5 chapter.
6 (e) Resurvey.--Any person who has a pending application for
7 a lottery machine and is currently engaged in the sale of out-
8 of-State lottery tickets may submit a written request to the
9 Department of Revenue for a resurvey. This resurvey shall be
10 completed by the department within 90 days of receipt of the
11 request.
12 (f) Definition.--As used in this section, the term "person"
13 means and includes an individual, association, corporation,
14 club, trust, estate, society, company, joint-stock company,
15 receiver, trustee, assignee, referee or any other person acting
16 in a fiduciary or representative capacity, whether appointed by
17 a court or otherwise, and any combination of individuals. The
18 term shall also mean and include all departments, commissions,
19 agencies and instrumentalities of the State, including counties
20 and municipalities and agencies and instrumentalities thereof.
21 Section 2. This act shall take effect in 60 days.
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