Pennsylvania Act 2000-79 — LOCAL OPTION SMALL GAMES OF CHANCE ACT - AMEND

Act text

LOCAL OPTION SMALL GAMES OF CHANCE ACT - AMEND
                  Act of Oct. 18, 2000, P.L. 602, No. 79              Cl. 04
                             Session of 2000
                               No. 2000-79

     SB 648

                                  AN ACT

     Amending the act of December 19, 1988 (P.L.1262, No.156),
        entitled, as amended, "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," further providing for
        prize limits and for weekly drawings.

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

        Section 1.  The definition of "games of chance" in section 3
     of the act of December 19, 1988 (P.L.1262, No.156), known as the
     Local Option Small Games of Chance Act, amended December 19,
     1990 (P.L.812, No.195), is amended and the section is amended by
     adding a definition to read:
      Section 3.  Definitions.
        The following words and phrases when used in this act shall
     have the meanings given to them in this section unless the
     context clearly indicates otherwise:
        * * *
        "Games of chance."  Punchboards, daily drawings, weekly
     drawings, raffles and pull-tabs, as defined in this act,
     provided that no such game shall be played by or with the
     assistance of any mechanical or electrical devices or media
     other than a dispensing machine or passive selection device and
     further provided that the particular chance taken by any person
     in any such game shall not be made contingent upon any other
     occurrence or the winning of any other contest, but shall be
     determined solely at the discretion of the purchaser. This
     definition shall not be construed to authorize any other form of
     gambling currently prohibited under any provision of Title 18 of
     the Pennsylvania Consolidated Statutes (relating to crimes and
     offenses). Nothing in this act shall be construed to authorize
     games commonly known as "slot machines" or "video poker."
        * * *
        "Weekly drawing."  A game in which a bona fide member selects
     or receives a number or numbers for a chance at a prize with the
     winner determined by a random drawing to take place on the
     eligible organization's premises at the end of a seven-day
     period. Nothing in this act shall be construed to prohibit the
     carrying over of a jackpot where the winning number has not been
     entered in the game in a particular week. Weekly drawing winners
     may be determined with the aid of a passive selection device or
     reference to drawings conducted by the Department of Revenue
     pursuant to the act of August 26, 1971 (P.L.351, No.91), known
     as the State Lottery Law. Weekly drawing chances may not be sold
     for an amount in excess of $1.
        Section 2.  Section 5(d)(4), (e) and (g) of the act, amended
     December 19, 1990 (P.L.812, No.195), are amended and the section
     is amended by adding a subsection to read:
      Section 5.  Prize limits.
        * * *
        (d)  Exception.--An eligible organization may conduct a
     raffle and award a prize or prizes valued in excess of $500 each
     only under the following conditions:
            * * *
            (4)  The total cash value of all prizes shall be no more
        than [$25,000 for each raffle] $100,000 per calendar year.
        (e)  Limit on daily drawings.--Daily drawings shall be
     governed by the prize limitations contained in subsections (a)
     and (b). An eligible organization shall not conduct daily
     drawings during a period when a weekly drawing is taking place.
        * * *
        (g)  Daily drawing and weekly drawing exception.--When a
     daily drawing or weekly drawing is set up or conducted in such a
     manner as to pay out or award 100% of the gross revenues
     generated from such drawing, the limitations contained in
     subsection (b) shall not apply.
        (h)  Limit on weekly drawings.--Weekly drawings shall be
     governed by the prize limitations contained in subsection (b).
     The prize limitation contained in subsection (b) may be exceeded
     by a weekly drawing under the following circumstances: a weekly
     drawing may award a prize where the cash value is in excess of
     $5,000 if such prize is the result of a carryover of a drawing
     or drawings which resulted from the winning number or numbers in
     such drawing or drawings not being among the eligible entrants
     in such drawings. Nothing contained in this act shall authorize
     the prize limitations as contained in subsection (b) to be
     exceeded as a result of a failure to conduct a drawing for a
     week during which chances were sold for a weekly drawing or for
     a weekly drawing for which chances were sold in excess of $1. An
     eligible organization shall not conduct weekly drawings during a
     period when a daily drawing is taking place.
        Section 3.  Section 10(d) of the act, amended December 19,
     1990 (P.L.812, No.195), is amended to read:
      Section 10.  Licensing of eligible organizations to conduct
                    games of chance.
        * * *
        (d)  Operation.--Each licensed eligible organization shall
     comply with the following restrictions and rules governing the
     operation of games of chance:
            (1)  No person under 18 years of age shall be permitted
        to operate or play games of chance.
            (2)  No eligible organization shall permit 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)  No eligible organization shall pay 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)  Games shall be conducted only on the licensed
        premises or as otherwise provided by this act.
            (5)  The eligible organization shall not lease such
        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 within the
        past ten years.
            (6)  Games, other than raffles [and], daily drawings and
        weekly drawings, shall be purchased only from manufacturers
        and distributors approved by the department.
            (7)  No licensed eligible organization shall permit its
        premises to be used for small games of chance by another
        licensed eligible organization at the same time that it is
        conducting small games of chance on the premises. When a
        licensed eligible organization is permitting another licensed
        eligible organization to use its premises for purposes of
        small games of chance, it must cease the operation of its own
        small games of chance during the period that the other
        licensed eligible organization is conducting its games on the
        premises.
            (8)  Raffle tickets may be sold off the licensed premise
        in any municipality in this Commonwealth 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 must notify that county's district
        attorney and licensing authority as to the location and the
        dates that the eligible organization plans to sell raffle
        tickets.
        * * *
        Section 4.  This act shall take effect immediately.

     APPROVED--The 18th day of October, A. D. 2000.

     THOMAS J. RIDGE