AN ACT

 

1Amending the act of December 19, 1988 (P.L.1262, No.156),
2entitled, as amended, "An act providing for the licensing of 
3eligible organizations to conduct games of chance, for the 
4licensing of persons to distribute games of chance, for the 
5registration of manufacturers of games of chance, and for 
6suspensions and revocations of licenses and permits; 
7requiring records; providing for local referendum by 
8electorate; and prescribing penalties," further providing for 
9licensing of eligible organizations to conduct games of 
10chance.

11The General Assembly of the Commonwealth of Pennsylvania
12hereby enacts as follows:

13Section 1. Section 307(b.1) of the act of December 19, 1988
14(P.L.1262, No.156), known as the Local Option Small Games of
15Chance Act, amended October 24, 2012 (P.L.1462, No.184), is
16amended to read:

17Section 307. Licensing of eligible organizations to conduct
18games of chance.

19* * *

20(b.1) Location of games of chance.--

21(1) Except as otherwise provided in this section, a

1licensed eligible organization, except a limited occasion
2licensee, may conduct small games of chance at a licensed
3premises. The licensed premises shall be indicated on the
4eligible organization's license application. [Only one
5license shall be issued per licensed premises. Except as
6provided under paragraph (4), a licensed eligible
7organization may not share a licensed premises with another
8licensed eligible organization; and no licensed eligible
9organization may permit its premises to be used for small
10games of chance by another licensed eligible organization.]

11(2) Where there exists a location or premises which is
12the normal business or operating site of the eligible
13organization and the location or premises is owned or leased
14by that eligible organization to conduct its normal business,
15that site shall be the eligible organization's licensed
16premises. If that location consists of more than one
17building, the eligible organization shall identify the 
18building that will be designated as the licensed premises.

19(2.1) If an eligible organization wishes to conduct
20games of chance in a different location from the location
21that is listed on its application and license, the eligible
22organization must submit a written request to the district
23attorney. The request must include the change in the location
24and the dates and times the games of chance will be operated
25at the new location. The district attorney may approve the
26request, deny the request or stipulate additional
27requirements as a condition of approval.

28(3) When an eligible organization does not own or lease
29a specific location to conduct its normal business, the
30eligible organization may use the premise of another eligible 

1organization to conduct games of chance or may make
2arrangements that are consistent with this act to establish a 
3licensed premises, including leasing a premise under a
4written agreement for a rental; however, the rental may not 
5be determined by either the amount of receipts realized from
6the conduct of games of chance or the number of people
7attending. An eligible organization may lease a facility for
8a banquet in connection with the serving of a meal based on a 
9per-head charge. Prior to the use of the premises of another 
10eligible organization to conduct games of chance, an eligible 
11organization must notify, in writing, the district attorney 
12regarding the location of the premises and the dates and 
13times the games of chance will be operated.

14[(3.1) Notwithstanding paragraphs (1), (2) and (3), if
15an eligible organization is unable to conduct games of chance
16at the location listed on its application and license due to
17natural disaster, fire or other circumstance that renders the
18location unusable, the eligible organization may submit a
19written request to the district attorney to conduct games of
20chance in a different location, including the licensed
21premises of another eligible organization. The request must
22include the change in the location and the dates and times
23the games of chance will be operated at the alternative
24location. The district attorney shall establish a limit on
25the duration of the authorization to conduct games of chance
26at the alternative location. Following the expiration of the
27authorization period, the eligible organization must return
28to the location specified in its application and license or
29apply to the licensing authority for a new permanent location
30for the conduct of games of chance. The district attorney may

1approve or deny the request or stipulate additional
2requirements as a condition of approval. If an eligible
3organization permits another eligible organization to use its
4licensed premises to conduct games of chance under this
5paragraph, the eligible organization shall cease its
6operation of games of chance during the time the eligible
7organization utilizing its premises is conducting its games
8of chance.]

9(3.2) Notwithstanding paragraphs (1), (2) and (3), the
10following eligible organizations established to raise funds
11shall not be required to conduct a 50/50 drawing or a raffle
12at a licensed premises or to own, lease or establish a
13licensed premises:

14(i) A nonprofit sports team.

15(ii) A primary or secondary school-sponsored club,
16sports team or organization.

17(4) An eligible organization that has obtained a limited
18occasion license under subsection (b.3) may use another
19eligible organization's licensed premises to conduct its
20games of chance. [When a licensed eligible organization is
21permitting a limited occasion licensee to use its licensed
22premises for purposes of games of chance, it shall cease the
23operation of its own games of chance during the period that
24the limited occasion licensee is conducting its games on the
25premises.]

26(5) For purposes of major league sports drawings, the
27facility at which a major league sports team conducts its
28games shall constitute a premises for purposes of this act.

29* * *

30Section 2. This act shall take effect in 60 days.