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| PRIOR PRINTER'S NOS. 218, 791 | PRINTER'S NO. 1436 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY ORIE, BROWNE, FOLMER, KASUNIC, ALLOWAY, ERICKSON, BOSCOLA, BAKER, STOUT, MUSTO, EARLL, RAFFERTY, EICHELBERGER, COSTA, WAUGH, M. WHITE AND WASHINGTON, FEBRUARY 19, 2009 |
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| SENATOR CORMAN, APPROPRIATIONS, RE-REPORTED AS AMENDED, SEPTEMBER 24, 2009 |
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| AN ACT |
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1 | Amending the act of July 10, 1981 (P.L.214, No.67), entitled "An |
2 | act relating to the lawful conduct of bingo, prescribing |
3 | penalties and making a repeal," further providing for |
4 | definitions, for rules for licensing and operation, for | <-- |
5 | revocation of licenses and for penalties. |
6 | The General Assembly of the Commonwealth of Pennsylvania |
7 | hereby enacts as follows: |
8 | Section 1. The definition of "bona fide member" in section 3 | <-- |
9 | of the act of July 10, 1981 (P.L.214, No.67), known as the Bingo |
10 | Law, added December 15, 1982 (P.L.1299, No.293), is amended to |
11 | read: |
12 | Section 1. The definitions of "bingo" and "bona fide member" | <-- |
13 | in section 3 of the act of July 10, 1981 (P.L.214, No.67), known |
14 | as the Bingo Law, amended or added December 15, 1982 (P.L.1299, |
15 | No.293), are amended and the section is amended by adding |
16 | definitions to read: |
17 | Section 3. Definitions. |
18 | The following words and phrases when used in this act shall |
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1 | have, unless the context clearly indicates otherwise, the |
2 | meanings given to them in this section: |
3 | * * * |
4 | "Bingo." A game in which each player has a card [or board], | <-- |
5 | board or electronic bingo device containing five horizontal rows |
6 | all but the central one containing five figures. The central row |
7 | has four figures with the word "free" marked in the center |
8 | thereof. Any preannounced combination of spaces when completed |
9 | by a player constitutes bingo. In the absence of a |
10 | preannouncement of a combination of spaces, any combination of |
11 | five in a row whether horizontal or vertical when completed by a |
12 | player constitutes bingo when its numbers are announced and |
13 | covered. A wheel or other mechanical device may be used by any |
14 | person conducting the game of bingo, and any such person may |
15 | award a prize to any player or players first completing any |
16 | combination constituting bingo. |
17 | "Bona fide member." Any individual who holds a full |
18 | membership in the association as defined by the association's |
19 | constitution, charter, articles of incorporation or bylaws [and |
20 | has been a member of the association for at least one year]. The |
21 | term shall also include those individuals who are members of an |
22 | auxiliary or recognized junior affiliate of the parent |
23 | association. |
24 | * * * | <-- |
25 | "Electronic bingo device." An electronic or mechanical |
26 | device that is used by a bingo player to mark representations of |
27 | bingo card faces stored in the device and shall not include any |
28 | device into which coin, currency or tokens are inserted directly |
29 | into the device to activate play or which uses wireless |
30 | communication technology. |
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1 | * * * |
2 | "Lessor." A person that permits the conduct of bingo on a | <-- |
3 | premises owned by or leased to the person. |
4 | * * * |
5 | Section 2. Section 5(c), (d) and (e) of the act, amended |
6 | December 15, 1982 (P.L.1299, No.293) and February 12, 1988 |
7 | (P.L.76, No.14), are amended and the section is amended by |
8 | adding a subsection to read: |
9 | Section 5. Rules for licensing and operation. |
10 | * * * |
11 | (c) Operation.--Each licensed association shall comply with |
12 | the following restrictions and rules governing the operation of |
13 | bingo: |
14 | (1) No person under the age of 18 shall be permitted to |
15 | play bingo unless accompanied by an adult. Children under 18 | <-- |
16 | years of age shall not be permitted to play bingo using an |
17 | electronic bingo device. |
18 | (2) No association shall conduct bingo more than [twice] | <-- |
19 | three times in any one week, except an association shall be | <-- |
20 | permitted to conduct the game of bingo for a period not to |
21 | exceed ten days at the association's exposition, carnival or |
22 | fair site in addition to the regularly scheduled games. |
23 | (3) Prizes awarded shall not exceed a value of $250 for |
24 | any one game of bingo, except [for jackpot] as follows: |
25 | (i) Jackpot games, which shall not exceed a value of |
26 | $2,000 for one such game. [In addition, no] |
27 | (ii) No more than [$4,000 in prizes] $8,000 $10,000 | <-- |
28 | in prizes shall be awarded in any calendar day. |
29 | (iii) Winner-takes-all games, which shall pay out |
30 | 100% of the gross revenues generated from the bingo game. |
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1 | (4) Only associations licensed to conduct bingo shall be |
2 | permitted to advertise their bingo games. Such advertisements |
3 | shall contain the date, time, location, whether cash or |
4 | merchandise prizes will be awarded and the name of the |
5 | association licensed to conduct the bingo game and the name |
6 | of the individual in charge of the operation of the game. [An |
7 | association shall not advertise the prizes or their dollar |
8 | value which will be awarded nor shall they advertise a |
9 | guaranteed prize dollar value.] |
10 | (5) The association shall own the equipment used in |
11 | playing bingo or shall sign a written agreement leasing the |
12 | equipment from another licensed association for a fee which |
13 | is not determined by the amount of receipts realized from the |
14 | playing of bingo or the number of people attending bingo |
15 | games. Joint ownership of bingo equipment shall be permitted |
16 | only if both owners of the equipment are licensed |
17 | associations. This paragraph shall not apply to associations |
18 | contracting charitable organizations or outside operators to |
19 | conduct bingo at expositions, carnivals or fairs. |
20 | (6) The association shall own both the premises upon |
21 | which bingo is played and the personal property used in the |
22 | conduct of the game, or if it does not, the association shall |
23 | sign a written agreement leasing such premises or personal |
24 | property from the owner thereof for a fee which is not |
25 | determined by either the amount of receipts realized from the |
26 | playing of bingo or the number of people attending bingo |
27 | games. An association shall not lease such premises or |
28 | personal property from any person who has been convicted of a |
29 | felony or a violation of this act. More than one association |
30 | may lease the same premises for the conducting of bingo and |
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1 | each association shall have its own license, subject to the |
2 | limitations enumerated in section 7(b). |
3 | (7) Each association shall keep written records of the |
4 | moneys and merchandise collected and distributed for each day |
5 | they conduct bingo. These records shall indicate the total |
6 | proceeds collected, the total prize money distributed, the |
7 | total value of all merchandise awarded as a prize and the |
8 | amount of moneys paid as rentals or wages and to whom such |
9 | rentals or wages were paid. All prizes awarded having a value |
10 | [greater than $250] of $600 or more shall be specifically |
11 | described in the association's records. The association shall |
12 | obtain the signature receipt of any winner of $600 or more. |
13 | These records shall be maintained by the association. Each |
14 | association shall report to the Department of Revenue prizes |
15 | awarded as required by section 335 of the act of March 4, |
16 | 1971 (P.L.6, No.2), known as the "Tax Reform Code of 1971." |
17 | (8) Each association shall deposit with a financial |
18 | institution all proceeds for each day's bingo game in an |
19 | account in the association's name. This deposit shall be made |
20 | before any of the proceeds may be used for any other purpose, |
21 | except for payment of prize money and compensation to members |
22 | employed in the operation of the game. |
23 | (9) [No association shall permit any person who is not a | <-- |
24 | bona fide member of the association or who has been convicted |
25 | of a felony or a violation of this act to manage, set up, |
26 | supervise or participate in the operation of the |
27 | association's bingo games.] An association may permit any | <-- |
28 | person who is a bona fide member of the association or an |
29 | employee of a lessor to manage, set up, supervise or |
30 | participate in the operation of the association's bingo |
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1 | games. No association shall permit any person who has been |
2 | convicted of a felony or a violation of this act to manage, |
3 | set up, supervise or participate in the operation of the |
4 | association's bingo games. Nothing contained in this act |
5 | shall be construed to prohibit individuals under 18 years of |
6 | age from participating in the operation of the game and being |
7 | compensated therefor if written permission is obtained from |
8 | their parent or guardian. |
9 | (10) Associations which obtain a license for the purpose |
10 | of conducting bingo at an exposition, carnival or fair for a |
11 | period not exceeding ten days shall be permitted to contract |
12 | a charitable organization to manage, set up, supervise or |
13 | participate in the operation of the bingo game provided only |
14 | merchandise prizes are awarded. Only bona fide members of the |
15 | contracted charitable organization shall be permitted to |
16 | participate in the operation of the bingo game. If no |
17 | charitable organizations are available, the association may |
18 | contract an outside operator to conduct the game for |
19 | merchandise at the exposition, carnival or fair site. The |
20 | provisions of this paragraph shall not be construed to allow |
21 | bingo games to be ordinarily carried out on a commercial |
22 | basis in this Commonwealth. |
23 | (11) No person shall participate in the operation of |
24 | bingo games on more than [four] six days in any calendar | <-- |
25 | week, which games may be operated by no more than two |
26 | different licensed associations. This provision shall not |
27 | apply to persons engaged in the operation of bingo for |
28 | merchandise at expositions, carnivals or fairs not exceeding |
29 | ten days in duration. |
30 | (12) No supplier of merchandise nor any person who has |
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1 | been convicted of a felony or a violation of this act shall |
2 | have a pecuniary interest in the operation or proceeds of the |
3 | bingo game. |
4 | (d) Application for license.--Each association shall apply |
5 | to the licensing authority for a license on a form to be |
6 | prescribed by the Secretary of the Commonwealth. Said form shall |
7 | contain an affidavit to be affirmed by the executive officer or |
8 | secretary of the association stating that: |
9 | (1) No person under the age of 18 will be permitted by |
10 | the association to play bingo unless accompanied by an adult. |
11 | Children under 18 years of age shall not be permitted to play | <-- |
12 | bingo using an electronic bingo device. |
13 | (2) The facility in which any game of bingo is to be |
14 | played does have adequate means of ingress and egress and |
15 | adequate sanitary facilities available in the area. |
16 | (3) The association is the sole or joint owner with a |
17 | licensed association of the equipment used in playing bingo |
18 | or it leases the equipment from another licensed association |
19 | under a written agreement for a fee which is not determined |
20 | by the amount of receipts realized from the playing of bingo |
21 | or the number of people attending bingo games. This paragraph |
22 | shall not apply to associations contracting with charitable |
23 | organizations or outside operators to conduct bingo at |
24 | expositions, carnivals or fairs. |
25 | (4) The association is the owner of both the premises |
26 | upon which bingo is played and the personal property used in |
27 | the conduct of the game or, if it is not, that the |
28 | association is not leasing such premises or personal property |
29 | from the owner thereof under an oral agreement, nor is it |
30 | leasing such premises or personal property from the owner |
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1 | thereof under a written agreement at a rental which is |
2 | determined by either the amount of receipts realized from the |
3 | playing of bingo or the number of people attending bingo |
4 | games, nor is it leasing such premises or personal property |
5 | from a person who has been convicted of a felony or a |
6 | violation of this act. |
7 | (5) The association will not conduct the playing of |
8 | bingo more than [twice] three times per week in any one week, | <-- |
9 | except those associations conducting bingo at expositions, |
10 | carnivals or fairs. |
11 | (6) The association in any calendar day will not award a |
12 | total of more than [$4,000 in prizes] $8,000 $10,000 in | <-- |
13 | prizes. |
14 | (7) The association is a nonprofit association as |
15 | defined in this act. |
16 | (8) The association has complied with the annual |
17 | financial report filing requirements in subsection (d.1)(1). |
18 | (9) The association has complied with the educational |
19 | requirements contained in subsection (d.1)(2). |
20 | (d.1) Additional application components.--As part of the |
21 | application initial or renewal application filed under | <-- |
22 | subsection (d), each association shall comply with all of the |
23 | following: |
24 | (1) An association shall file an annual report with the |
25 | licensing authority. The following shall apply: |
26 | (i) The first annual report required under this |
27 | paragraph shall contain information for the 12-month |
28 | period ending at least 60 days, but not more than 90 |
29 | days, prior to the submission of the application. |
30 | Subsequent annual reports shall contain information for |
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1 | the most recent 12-month period ending in the same month |
2 | as the initial report. |
3 | (ii) The annual report shall concern the operation | <-- |
4 | of bingo games by the association and shall detail gross |
5 | receipts from the conduct of bingo games, the expenses |
6 | related to the conduct of bingo games, the prizes paid |
7 | out for bingo games and the details as to how the |
8 | proceeds from bingo games were used or disbursed by the |
9 | association. |
10 | (iii) The annual report shall be prepared on a one- |
11 | page form to be designed by the department. Additional |
12 | schedules shall be included, if necessary, to provide |
13 | specific details on the use or disbursement of the net |
14 | proceeds from bingo games by the association. |
15 | (iv) A copy of the annual report shall be filed with | <-- |
16 | the application to renew the liquor license of an |
17 | eligible organization. |
18 | (2) An association shall provide evidence to the |
19 | licensing authority that bingo games education training has | <-- |
20 | been completed under this paragraph. The following shall |
21 | apply: |
22 | (i) Two hours of education A minimum of two hours of | <-- |
23 | training shall have been completed within the 12-month |
24 | period immediately preceding the date of the application. |
25 | (ii) The education training shall have been | <-- |
26 | completed by the executive officer, secretary or a |
27 | responsible person listed on the association's |
28 | application for a license. The person receiving the |
29 | training shall be associated with the conduct of bingo |
30 | games by the association. |
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1 | (iii) The contents of the education program shall be | <-- |
2 | determined by the department and shall be designed to |
3 | assist associations in their compliance with statutory |
4 | and regulatory requirements associated with the conduct |
5 | of bingo games. |
6 | (iv) The education program may be conducted by any |
7 | Statewide nonprofit association approved by the |
8 | department. |
9 | (v) | <-- |
10 | (iii) The training shall consist of the completion |
11 | of training materials prepared by the department. The |
12 | training materials shall be designed to assist eligible |
13 | organizations in their compliance with statutory and |
14 | regulatory requirements associated with the conduct of |
15 | games of chance. The training materials shall be |
16 | available on the department's publicly accessible |
17 | Internet website. Upon request, the department shall |
18 | provide hard copies of the training materials at a cost |
19 | not to exceed the actual cost of printing and postage. |
20 | (iv) This paragraph shall not apply if the |
21 | association submits an affidavit affirmed by the |
22 | executive officer or secretary of the association that |
23 | the association will not conduct bingo games on 30 or |
24 | more days during the licensing period. |
25 | (e) Limitation on compensation.--No person may be employed |
26 | in the operation or the actual running of a bingo game for |
27 | compensation greater than [$50] $100 per calendar day, except |
28 | employees of outside operators under section 5(c)(10), and any |
29 | person compensated shall be paid individually by check or by |
30 | cash, in which case the payee shall sign a written receipt |
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1 | therefor. [In addition, no person shall receive compensation |
2 | from more than one source for services rendered in the operation |
3 | of a bingo game.] |
4 | * * * |
5 | Section 3. Section 6(a) of the act is amended by adding a | <-- |
6 | paragraph to read: |
7 | Section 6. Revocation of licenses. |
8 | (a) Grounds.--The licensing authority shall revoke or refuse |
9 | to renew the license of any association whenever the district |
10 | attorney finds upon investigation that: |
11 | * * * |
12 | (9) The association has failed to keep and maintain the |
13 | records required under this act for a period of two years. |
14 | * * * |
15 | Section 3 4. Section 7(b) of the act, amended December 15, | <-- |
16 | 1982 (P.L.1299, No.293), is amended to read: |
17 | Section 7. Penalty. |
18 | * * * |
19 | (b) Misdemeanor.--Any person who conducts or assists in the |
20 | conducting of bingo in violation of the provisions of this act, |
21 | is guilty of a misdemeanor of the first degree. Any person who |
22 | permits the conduct of bingo on the same premises, owned by him |
23 | or leased to him, on more than [five] seven days in any one week | <-- |
24 | or by more than [one association] two three associations in any | <-- |
25 | calendar day, except for bingo being played at an exposition, |
26 | carnival or fair, is guilty of a misdemeanor of the first |
27 | degree. |
28 | Section 4. This act shall take effect as follows: | <-- |
29 | Section 5. This act shall apply as follows: | <-- |
30 | (1) The amendment or addition of section 5(d)(8) and |
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1 | (d.1)(1) of the act shall apply to applications filed more |
2 | than 60 days after the effective date of this section. |
3 | (2) The amendment or addition of section 5(d)(9) and |
4 | (d.1)(2) of the act shall apply to applications filed more |
5 | than one year after the effective date of this section. |
6 | Section 6. This act shall take effect as follows: | <-- |
7 | (1) Section 5 of this act and this section shall take |
8 | effect immediately. |
9 | (3) (2) The remainder of this act shall take effect in | <-- |
10 | 60 days. |
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