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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY D. COSTA, MATZIE, DeLUCA, CALTAGIRONE, DALEY, DAVIS, FABRIZIO, GABLER, GRELL, GROVE, HALUSKA, HARHAI, HORNAMAN, HUTCHINSON, JAMES, MALONEY, MILLARD, MULLERY, MYERS, M. O'BRIEN, READSHAW, SAINATO, SCHMOTZER, STABACK AND TALLMAN, OCTOBER 1, 2012 |
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| REFERRED TO COMMITTEE ON GAMING OVERSIGHT, OCTOBER 1, 2012 |
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| AN ACT |
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1 | Amending the act of December 19, 1988 (P.L.1262, No.156), |
2 | entitled, as amended, "An act providing for the licensing of |
3 | eligible organizations to conduct games of chance, for the |
4 | licensing of persons to distribute games of chance, for the |
5 | registration of manufacturers of games of chance, and for |
6 | suspensions and revocations of licenses and permits; |
7 | requiring records; providing for local referendum by |
8 | electorate; and prescribing penalties," in games of chance, |
9 | further providing for licensing of eligible organizations to |
10 | conduct games of chance. |
11 | The General Assembly of the Commonwealth of Pennsylvania |
12 | hereby enacts as follows: |
13 | Section 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 |
15 | Chance Act, renumbered and amended February 2, 2012 (P.L.7, |
16 | No.2), is amended to read: |
17 | Section 307. Licensing of eligible organizations to conduct |
18 | games of chance. |
19 | * * * |
20 | (b.1) Location of games of chance.-- |
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1 | (1) (i) Every licensed eligible organization, except a |
2 | limited occasion licensee and as provided under |
3 | subparagraph (ii), may conduct small games of chance only |
4 | at a licensed premises. The licensed premises shall be |
5 | indicated on the eligible organization's license |
6 | application. Only one license shall be issued per |
7 | licensed premises. Except as provided under subparagraph |
8 | (ii) and paragraph (4), a licensed eligible organization |
9 | may not share a licensed premises with another licensed |
10 | eligible organization; and no licensed eligible |
11 | organization may permit its premises to be used for small |
12 | games of chance by another licensed eligible |
13 | organization. |
14 | (ii) Licensed eligible organizations that are |
15 | volunteer fire companies may conduct small games of |
16 | chance at the licensed premises of other licensed |
17 | eligible organizations that are volunteer fire companies |
18 | if the licensed eligible organizations that change their |
19 | licensed premises provide prior written notice to the |
20 | district attorney of the change in licensed premises and |
21 | the dates and times the games of chance will be conducted |
22 | in such manner. |
23 | (2) [Where] Subject to the provisions of paragraph (1) |
24 | (ii), where there exists a location or premises which is the |
25 | normal business or operating site of the eligible |
26 | organization and the location or premises is owned or leased |
27 | by that eligible organization to conduct its normal business, |
28 | that site shall be the eligible organization's licensed |
29 | premises. If that location consists of more than one |
30 | building, the eligible organization shall choose the building |
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1 | that will be the licensed premises. |
2 | (3) When an eligible organization does not own or lease |
3 | a specific location to conduct its normal business, the |
4 | eligible organization may make arrangements that are |
5 | consistent with this act to establish a licensed premises, |
6 | including leasing a premise under a written agreement for a |
7 | rental; however, the rental may not be determined by either |
8 | the amount of receipts realized from the conduct of games of |
9 | chance or the number of people attending. An eligible |
10 | organization may lease a facility for a banquet in connection |
11 | with the serving of a meal based on a per-head charge. |
12 | (4) (i) An eligible organization that has obtained a |
13 | limited occasion license under subsection (b.3) may use |
14 | another eligible organization's licensed premises to |
15 | conduct its games of chance. |
16 | (ii) When a licensed eligible organization is |
17 | permitting a limited occasion licensee to use its |
18 | licensed premises for purposes of games of chance, it |
19 | shall cease the operation of its own games of chance |
20 | during the period that the limited occasion licensee is |
21 | conducting its games on the premises. |
22 | (iii) Subparagraph (ii) shall not apply if the |
23 | limited occasion licensee and licensed eligible |
24 | organization are volunteer fire companies and operate the |
25 | games of chance in compliance with paragraph (1)(i). |
26 | * * * |
27 | Section 2. This act shall take effect in 60 days. |
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