Bill Text: PA HB1329 | 2009-2010 | Regular Session | Introduced

---

Bill Title: Further providing for definitions and eligible organizations.

Spectrum: Slight Partisan Bill (Democrat 7-3)

Status: (Introduced - Dead) 2009-04-22 - Referred to GAMING OVERSIGHT [HB1329 Detail]

Download: Pennsylvania-2009-HB1329-Introduced.html

---

PRINTER'S NO. 1589
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1329 Session of2009
INTRODUCED BY HANNA, BRENNAN, CALTAGIRONE, HENNESSEY, HORNAMAN, KORTZ, MAHONEY, MENSCH AND J. TAYLOR, APRIL 22, 2009
REFERRED TO COMMITTEE ON GAMING OVERSIGHT, APRIL 22, 2009
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
definitions and eligible organizations.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2 of the act of December 19, 1988
(P.L.1262, No.156), known as the Local Option Small Games of
Chance Act, is repealed:
[Section 2. Legislative intent.
The General Assembly hereby declares that the playing of
small games of chance for the purpose of raising funds, by
certain nonprofit associations, for the promotion of charitable
or civic purposes, is in the public interest.
It is hereby declared to be the policy of the General
Assembly that all phases of licensing, operation and regulation
of small games of chance be strictly controlled, and that all
laws and regulations with respect thereto as well as all
gambling laws should be strictly construed and rigidly enforced.
The General Assembly recognizes the possibility of
association between commercial gambling and organized crime, and
wishes to discourage commercialization of small games of chance,
prevent participation by organized crime and prevent the
diversion of funds from the purposes herein authorized.]
Section 2. The definitions of "eligible organizations" and
"public interest purposes" in section 3 of the act are 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:
* * *
"Commercial establishment." An establishment organized for
profit.
* * *
"Eligible organizations." [Includes] The term includes
commercial establishments and qualifying nonprofit charitable,
religious, fraternal and veterans organizations, clubs and civic
and service associations as defined by this act. In order to
qualify as an eligible organization for purposes of this act, an
organization shall have been in existence and fulfilling its
purposes for one year prior to the date of application for a
license.
* * *
["Public interest purposes." One or more of the following:
(1) Benefiting persons by enhancing their opportunity
20090HB1329PN1589 - 2 -
for religious or education advancement, by relieving or
protecting them from disease, suffering or distress, by
contributing to their physical, emotional or social well-
being, by assisting them in establishing themselves in life
as worthy and useful citizens or by increasing their
comprehension of and devotion to the principles upon which
this nation was founded.
(2) Initiating, performing or fostering worthy public
works or enabling or furthering the erection or maintenance
of public structures.
(3) Lessening the burdens borne by government or
voluntarily supporting, augmenting or supplementing services
which government would normally render to the people.
(4) Improving, expanding, maintaining or repairing real
property owned or leased by an eligible organization and used
for purposes specified in paragraphs (1), (2) and (3).
The term does not include the erection or acquisition of any
real property, unless the property will be used exclusively for
one or more of the purposes specified in this definition.]
* * *
Section 3. Sections 4 and 12(a) of the act, amended December
19, 1990 (P.L.812, No.195), are amended to read:
Section 4. Games of chance permitted.
Every eligible organization to which a license has been
issued under the provisions of this act may conduct games of
chance [for the purpose of raising funds for public interest
purposes. All proceeds of games of chance shall be used
exclusively for public interest purposes or for the purchase of
games of chance as permitted by this act].
Section 12. Revocation of licenses.
20090HB1329PN1589 - 3 -
(a) Grounds.--The licensing authority shall revoke or refuse
to renew the license of any eligible organization whenever the
district attorney finds upon complaint and investigation that:
[(1) Any of the funds derived from the operation of
games of chance are used for any purpose other than for
public interest purposes or for the purchase of games of
chance as permitted by this act.]
(2) Any person under 18 years of age is operating or
playing games of chance as defined in this act.
(3) The eligible organization has permitted 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.
(4) The facility in which the games of chance are played
does not have adequate means of ingress and egress and does
not have adequate sanitary facilities available in the area.
(5) Any person or persons other than a manager, officer,
director, bar personnel or a bona fide member of an eligible
organization have been involved in managing, setting up,
operating or running games of chance.
(6) Any person has received compensation for conducting
games of chance.
(7) Any prize has been awarded in excess of the limits
permitted under this act.
(8) The eligible organization has violated any condition
of a special permit issued pursuant to section 11.
(9) The eligible organization conducts the games of
20090HB1329PN1589 - 4 -
chance under a lease which calls for:
(i) leasing such premises from the owner thereof
under an oral agreement; or
(ii) 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.
(10) False or erroneous information was provided in the
original application.
(11) An eligible organization has been convicted of a
violation of this act as evidenced by a certified record of
the conviction.
(12) The eligible organization has permitted another
eligible organization to conduct small games of chance on its
licensed premises without suspending its own operation of
small games of chance during the period that the other
licensed eligible organization is conducting its games on the
premises.
* * *
Section 4. This act shall take effect in 60 days.
20090HB1329PN1589 - 5 -