Header:
PENNSYLVANIA STATUTES
TITLE 10. CHARITIES AND WELFARE
CHAPTER 7A. LOCAL OPTION SMALL GAMES OF CHANCE ACT
CHAPTER 3. GAMES OF CHANCE
Date:
02/14/2014
Document:
§ 328.307. Licensing of eligible organizations to conduct games of chance
(a) LICENSE REQUIRED.-- No eligible organization shall conduct or operate any games of chance unless such eligible organization has obtained and maintains a valid license or limited occasion license issued pursuant to this section. An auxiliary group of a licensed eligible organization shall be eligible to conduct games of chance using the license issued to the eligible organization provided that the auxiliary group or groups are listed on the application and license of the eligible organization. An auxiliary group is not eligible to obtain a license or a limited occasion license. No additional licensing fee shall be charged for an auxiliary group's eligibility under this chapter. Auxiliary groups shall not include branches, lodges or chapters of a Statewide organization.
(b) ISSUANCE AND FEES.-- The licensing authority shall license, upon application, within 30 days any eligible organ-ization meeting the requirements for licensure contained in this chapter to conduct and operate games of chance at such locations within the county or in such manner as stated on the application as limited by subsection (b.1). The license fee to be charged to each eligible organization shall be $ 100, except for limited occasion licenses which shall be $ 10. Licenses shall be renewable annually upon the anniversary of the date of issue. The license fee shall be used by the licensing authority to administer this act.
(B.1) LOCATION OF GAMES OF CHANCE.--
(1) Except as otherwise provided in this section, a licensed eligible
organization, except a limited occasion licensee, may conduct small
games of chance at a licensed premises. The licensed premises shall be
indicated on the eligible organization's license application. Only one
license shall be issued per licensed premises. Except as provided
under paragraph (4), a licensed eligible organization may not share a
licensed premises with another licensed eligible organization; and no
licensed eligible organization may permit its premises to be used for
small games of chance by another licensed eligible organization.
(2) Where there exists a location or premises which is the normal
business or operating site of the eligible organization and the
location or premises is owned or leased by that eligible organization
to conduct its normal business, that site shall be the eligible
organization's licensed premises. If that location consists of more
than one building, the eligible organization shall identify the
building that will be designated as the licensed premises.
(3) When an eligible organization does not own or lease a specific
location to conduct its normal business, the eligible organization may
make arrangements that are consistent with this act to establish a
licensed premises, including leasing a premise under a written
agreement for a rental; however, the rental may not be determined by
either the amount of receipts realized from the conduct of games of
chance or the number of people attending. An eligible organization may
lease a facility for a banquet in connection with the serving of a meal
based on a per-head charge.
(3.1) Notwithstanding paragraphs (1), (2) and (3), if an eligible
organization is unable to conduct games of chance at the location
listed on its application and license due to natural disaster, fire or
other circumstance that renders the location unusable, the eligible
organization may submit a written request to the district attorney to
conduct games of chance in a different location, including the licensed
premises of another eligible organization. The request must include
the change in the location and the dates and times the games of chance
will be operated at the alternative location. The district attorney
shall establish a limit on the duration of the authorization to conduct
games of chance at the alternative location. Following the expiration
of the authorization period, the eligible organization must return to
the location specified in its application and license or apply to the
licensing authority for a new permanent location for the conduct of
games of chance. The district attorney may approve or deny the request
or stipulate additional requirements as a condition of approval. If an
eligible organization permits another eligible organization to use its
licensed premises to conduct games of chance under this paragraph, the
eligible organization shall cease its operation of games of chance
during the time the eligible organization utilizing its premises is
conducting its games of chance.
(3.2) Notwithstanding paragraphs (1), (2) and (3), the following
eligible organizations established to raise funds shall not be required
to conduct a 50/50 drawing or a raffle at a licensed premises or to
own, lease or establish a licensed premises:
(i) A nonprofit sports team.
(ii) A primary or secondary school-sponsored club, sports team or
organization.
(4) An eligible organization that has obtained a limited occasion
license under subsection (b.3) may use another eligible organization's
licensed premises to conduct its games of chance. When a licensed
eligible organization is permitting a limited occasion licensee to use
its licensed premises for purposes of games of chance, it shall cease
the operation of its own games of chance during the period that the
limited occasion licensee is conducting its games on the premises.
(5) For purposes of major league sports drawings, the facility at which
a major league sports team conducts its games shall constitute a
premises for purposes of this act.
(B.2) OFF-PREMISES GAMES OF CHANCE.-- Notwithstanding any other provisions of this section, all of the following apply:
(1) A licensed eligible organization may conduct games of chance at a
location off its premises when the games of chance are part of an
annual carnival, fair, picnic or banquet held or participated in by
that licensed eligible organization on a historical basis. The
licensed eligible organization must notify, in writing, the district
attorney and licensing authority of the location, date and times of the
event where it will be conducting games of chance.
(2) Raffle tickets may be sold off the licensed premises in a
municipality which has adopted the provisions of this act by an
affirmative vote in a municipal referendum. A licensed eligible
organization which plans to sell raffle tickets in a municipality
located in a county other than the county in which the eligible
organization is licensed shall notify that county's district attorney
and licensing authority as to the location and the dates that the
licensed eligible organization plans to sell raffle tickets.
(B.3) LIMITED OCCASION LICENSES.-- Eligible organizations which do not own their own premises or which do not lease a specific location to conduct their normal business may apply for a limited occasion license to conduct games of chance on not more than three occasions covering a total of seven days during a licensed year. A limited occasion li-cense entitles an eligible organization to conduct no more than two raffles during a licensed year where prizes may not exceed the established limits for regular monthly raffles. Holders of a limited occasion license may not apply or be granted any other license or special permit under this act. No holder of a regular license or special permit under this act shall apply or be granted a limited occasion license.
(B.4) GAMBLING FACILITY PROHIBITED.-- It shall be unlawful for a person, corporation, association, partnership or other business entity to offer for rent or offer for use a building or facility to be used exclusively for the conduct of games of chance. It shall also be unlawful for any eligible organization to lease under any terms a building or facility which is used exclusively for the conduct of games of chance.
(c) DISPLAY.-- Licenses issued pursuant to this section shall be publicly displayed at the site where games of chance are conducted.
(d) OPERATION.-- Each licensed eligible organization shall be prohibited from the following:
(1) Permitting any person under 18 years of age to operate or play
games of chance.
(2) Permitting any person who has been convicted of a felony in a
Federal or State court within the past five years or has been convicted
in a Federal or State court within the past ten years of a violation of
the act of July 10, 1981 (P.L. 214, No. 67), known as the Bingo Law,
or of this act to manage, set up, supervise or participate in the
operation of games of chance.
(3) Paying any compensation to any person for conducting any games of
chance. Games of chance may only be conducted by managers, officers,
directors, bar personnel and bona fide members of the eligible
organization.
(4) Conducting games of chance on any premises other than on the
licensed premises or as otherwise provided by this chapter.
(5) Leasing the licensed premises under either an oral or a written
agreement for a rental which is determined by either the amount of
receipts realized from the playing of games of chance or the number of
people attending, except that an eligible organization may lease a
facility for a banquet where a per head charge is applied in connection
with the serving of a meal. An eligible organization shall not lease
such premises from any person who has been convicted of a violation of
this act or the Bingo Law within the past ten years.
(6) Purchasing games of chance, other than raffles, 50/50 drawings,
daily drawings and weekly drawings, from any person other than a
registered manufacturer or licensed distributor approved by the
department.
(D.1) BANK ACCOUNT AND RECORDS.-- The licensed eligible organization shall keep a bank account to hold the proceeds of games of chance, which shall be separate from all other funds belonging to the licensed eligible organiza-tion. Account records shall show all expenditures and income and shall be retained by the licensed eligible organization for at least two years.
(e) APPLICATION FOR LICENSE.-- Each eligible organization shall apply to the licensing authority for a license on a form to be prescribed by the Secretary of Revenue. For a club license, the application and each renewal application shall include the most recent annual report filed by the club licensee under Chapter 5. The form shall contain an affi-davit to be affirmed by the executive officer or secretary of the eligible organization stating that:
(1) No person under 18 years of age will be permitted by the eligible
organization to operate or play games of chance.
(2) The facility in which the games of chance are to be played has
adequate means of ingress and egress and adequate sanitary facilities
available in the area.
(3) The eligible organization is not leasing such premises from the
owner thereof under an oral agreement, nor is it leasing such premises
from the owner thereof under a written agreement at a rental which is
determined by the amount of receipts realized from the playing of games
of chance or by the number of people attending, except that an eligible
organization may lease a facility for a banquet where a per head charge
is applied in connection with the serving of a meal.
(E.1) PROCEEDINGS.-- Proceedings before the licensing authority are subject to 2 Pa.C.S. Chs. 5 Subch. B (relating to practice and procedure of local agencies) and 7 Subch. B (relating to judicial review of local agency action).
(f) LIST OF LICENSEES.-- The licensing authority, on a semiannual basis, shall send a copy of all licensees to the de-partment.
(g) LIST OF MUNICIPALITIES.-- The licensing authority shall include with any license or renewal license issued to an eligible organization, an up-to-date listing of those municipalities within the licensing county which have approved the referendum question on small games of chance.
(h) BACKGROUND CHECKS.-- Each application for a license submitted by an eligible organization which has proceeds in excess of $ 2,500 in a year shall include the results of a criminal history record information check obtained from the Pennsylvania State Police, as defined in 18 Pa.C.S. § 9102 (relating to definitions) and permitted by 18 Pa.C.S. § 9121(b) (relating to general regulations), for the executive officer and secretary of the eligible organization making the application for a license or any other person required by the department.
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