| |
| PRIOR PRINTER'S NO. 218 | PRINTER'S NO. 791 |
|
| |
| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
| |
| SENATE BILL |
|
| |
| |
| INTRODUCED BY ORIE, BROWNE, FOLMER, KASUNIC, ALLOWAY, ERICKSON, BOSCOLA, BAKER, STOUT, MUSTO, EARLL, RAFFERTY, EICHELBERGER, COSTA, WAUGH, M. WHITE AND WASHINGTON, FEBRUARY 19, 2009 |
| |
| |
| SENATOR BROWNE, FINANCE, AS AMENDED, APRIL 1, 2009 |
| |
| |
| |
| AN ACT |
| |
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 rules |
4 | for licensing and operation. |
5 | The General Assembly of the Commonwealth of Pennsylvania |
6 | hereby enacts as follows: |
7 | Section 1. The definition of "bona fide member" in section 3 |
8 | of the act of July 10, 1981 (P.L.214, No.67), known as the Bingo |
9 | Law, added December 15, 1982 (P.L.1299, No.293), is amended to |
10 | read: |
11 | Section 3. Definitions. |
12 | The following words and phrases when used in this act shall |
13 | have, unless the context clearly indicates otherwise, the |
14 | meanings given to them in this section: |
15 | * * * |
16 | "Bona fide member." Any individual who holds a full |
17 | membership in the association as defined by the association's |
18 | constitution, charter, articles of incorporation or bylaws [and |
|
1 | has been a member of the association for at least one year]. The |
2 | term shall also include those individuals who are members of an |
3 | auxiliary or recognized junior affiliate of the parent |
4 | association. |
5 | * * * |
6 | Section 2. Section 5(a), (c),5(c), (d) and (e) of the act, | <-- |
7 | amended December 15, 1982 (P.L.1299, No.293) and February 12, |
8 | 1988 (P.L.76, No.14), are amended and the section is amended by |
9 | adding subsectionsa subsection to read: | <-- |
10 | Section 5. Rules for licensing and operation. |
11 | (a) Issuance and fee.--The licensing authority shall | <-- |
12 | license, upon application, any association as defined in section |
13 | 3 to conduct the game of bingo at one location in the county, |
14 | which, when in a county of the second class, shall only be in |
15 | the city, borough or township where the main business office or |
16 | headquarters of the association is located. The county treasurer |
17 | of a county of the second class shall indicate on each license |
18 | the city, borough or township where the association may conduct |
19 | bingo. The single municipal location limitation shall not apply |
20 | to a group of licensed associations conducting bingo at a |
21 | central location. The license fee to be charged to each |
22 | nonprofit association shall be [$100 per annum] $300 for a two- |
23 | year period except to those recognized senior citizens' groups |
24 | who conduct bingo for their members only the fee shall be [$50 |
25 | per annum] $150 for a two-year period. The license fee to be |
26 | charged to each agricultural association or county fair shall be |
27 | [$100 per annum] $300 for a two-year period. Associations which |
28 | conduct bingo only one period each year for not more than three |
29 | consecutive days shall be charged $15 for the issuance of their |
30 | license. The fees collected pursuant to this section shall be |
|
1 | paid by the licensing authority into the general fund of the |
2 | county and used for county purposes. All records retained by the |
3 | licensing authority relating to the issuance of bingo licenses |
4 | and bingo permits shall be public information. |
5 | * * * |
6 | (c) Operation.--Each licensed association shall comply with |
7 | the following restrictions and rules governing the operation of |
8 | bingo: |
9 | (1) No person under the age of 18 shall be permitted to |
10 | play bingo unless accompanied by an adult. |
11 | (2) No association shall conduct bingo more than twice |
12 | in any one week, except an association shall be permitted to |
13 | conduct the game of bingo for a period not to exceed ten days |
14 | at the association's exposition, carnival or fair site in |
15 | addition to the regularly scheduled games. |
16 | (3) Prizes awarded shall not exceed a value of $250 for |
17 | any one game of bingo, except [for jackpot] as follows: |
18 | (i) Jackpot games, which shall not exceed a value of |
19 | $2,000 for one such game. [In addition, no] |
20 | (ii) No more than [$4,000 in prizes] $8,000 in |
21 | prizes shall be awarded in any calendar day. |
22 | (iii) Winner-takes-all games, which shall pay out |
23 | 100% of the gross revenues generated from the bingo game. |
24 | (4) Only associations licensed to conduct bingo shall be |
25 | permitted to advertise their bingo games. Such advertisements |
26 | shall contain the date, time, location, whether cash or |
27 | merchandise prizes will be awarded and the name of the |
28 | association licensed to conduct the bingo game and the name |
29 | of the individual in charge of the operation of the game. [An |
30 | association shall not advertise the prizes or their dollar |
|
1 | value which will be awarded nor shall they advertise a |
2 | guaranteed prize dollar value.] |
3 | (5) The association shall own the equipment used in |
4 | playing bingo or shall sign a written agreement leasing the |
5 | equipment from another licensed association for a fee which |
6 | is not determined by the amount of receipts realized from the |
7 | playing of bingo or the number of people attending bingo |
8 | games. Joint ownership of bingo equipment shall be permitted |
9 | only if both owners of the equipment are licensed |
10 | associations. This paragraph shall not apply to associations |
11 | contracting charitable organizations or outside operators to |
12 | conduct bingo at expositions, carnivals or fairs. |
13 | (6) The association shall own both the premises upon |
14 | which bingo is played and the personal property used in the |
15 | conduct of the game, or if it does not, the association shall |
16 | sign a written agreement leasing such premises or personal |
17 | property from the owner thereof for a fee which is not |
18 | determined by either the amount of receipts realized from the |
19 | playing of bingo or the number of people attending bingo |
20 | games. An association shall not lease such premises or |
21 | personal property from any person who has been convicted of a |
22 | felony or a violation of this act. More than one association |
23 | may lease the same premises for the conducting of bingo and |
24 | each association shall have its own license, subject to the |
25 | limitations enumerated in section 7(b). |
26 | (7) Each association shall keep written records of the |
27 | moneys and merchandise collected and distributed for each day |
28 | they conduct bingo. These records shall indicate the total |
29 | proceeds collected, the total prize money distributed, the |
30 | total value of all merchandise awarded as a prize and the |
|
1 | amount of moneys paid as rentals or wages and to whom such |
2 | rentals or wages were paid. All prizes awarded having a value |
3 | [greater than [$250] $600of $600 or more shall be | <-- |
4 | specifically described in the association's records. The |
5 | association shall obtain the signature receipt of any winner |
6 | of $600 or more. These records shall be maintained by the |
7 | association. Each association shall report to the Department |
8 | of Revenue prizes awarded as required by section 335 of the |
9 | act of March 4, 1971 (P.L.6, No.2), known as the "Tax Reform |
10 | Code of 1971." |
11 | (8) Each association shall deposit with a financial |
12 | institution all proceeds for each day's bingo game in an |
13 | account in the association's name. This deposit shall be made |
14 | before any of the proceeds may be used for any other purpose, |
15 | except for payment of prize money and compensation to members |
16 | employed in the operation of the game. |
17 | (9) No association shall permit any person who is not a |
18 | bona fide member of the association or who has been convicted |
19 | of a felony or a violation of this act to manage, set up, |
20 | supervise or participate in the operation of the |
21 | association's bingo games. Nothing contained in this act |
22 | shall be construed to prohibit individuals under 18 years of |
23 | age from participating in the operation of the game and being |
24 | compensated therefor if written permission is obtained from |
25 | their parent or guardian. |
26 | (10) Associations which obtain a license for the purpose |
27 | of conducting bingo at an exposition, carnival or fair for a |
28 | period not exceeding ten days shall be permitted to contract |
29 | a charitable organization to manage, set up, supervise or |
30 | participate in the operation of the bingo game provided only |
|
1 | merchandise prizes are awarded. Only bona fide members of the |
2 | contracted charitable organization shall be permitted to |
3 | participate in the operation of the bingo game. If no |
4 | charitable organizations are available, the association may |
5 | contract an outside operator to conduct the game for |
6 | merchandise at the exposition, carnival or fair site. The |
7 | provisions of this paragraph shall not be construed to allow |
8 | bingo games to be ordinarily carried out on a commercial |
9 | basis in this Commonwealth. |
10 | (11) No person shall participate in the operation of |
11 | bingo games on more than four days in any calendar week, |
12 | which games may be operated by no more than two different |
13 | licensed associations. This provision shall not apply to |
14 | persons engaged in the operation of bingo for merchandise at |
15 | expositions, carnivals or fairs not exceeding ten days in |
16 | duration. |
17 | (12) No supplier of merchandise nor any person who has |
18 | been convicted of a felony or a violation of this act shall |
19 | have a pecuniary interest in the operation or proceeds of the |
20 | bingo game. |
21 | (d) Application for license.--Each association shall apply |
22 | to the licensing authority for a license on a form to be |
23 | prescribed by the Secretary of the Commonwealth. Said form shall |
24 | contain an affidavit to be affirmed by the executive officer or |
25 | secretary of the association stating that: |
26 | (1) No person under the age of 18 will be permitted by |
27 | the association to play bingo unless accompanied by an adult. |
28 | (2) The facility in which any game of bingo is to be |
29 | played does have adequate means of ingress and egress and |
30 | adequate sanitary facilities available in the area. |
|
1 | (3) The association is the sole or joint owner with a |
2 | licensed association of the equipment used in playing bingo |
3 | or it leases the equipment from another licensed association |
4 | under a written agreement for a fee which is not determined |
5 | by the amount of receipts realized from the playing of bingo |
6 | or the number of people attending bingo games. This paragraph |
7 | shall not apply to associations contracting with charitable |
8 | organizations or outside operators to conduct bingo at |
9 | expositions, carnivals or fairs. |
10 | (4) The association is the owner of both the premises |
11 | upon which bingo is played and the personal property used in |
12 | the conduct of the game or, if it is not, that the |
13 | association is not leasing such premises or personal property |
14 | from the owner thereof under an oral agreement, nor is it |
15 | leasing such premises or personal property from the owner |
16 | thereof under a written agreement at a rental which is |
17 | determined by either the amount of receipts realized from the |
18 | playing of bingo or the number of people attending bingo |
19 | games, nor is it leasing such premises or personal property |
20 | from a person who has been convicted of a felony or a |
21 | violation of this act. |
22 | (5) The association will not conduct the playing of |
23 | bingo more than twice per week in any one week, except those |
24 | associations conducting bingo at expositions, carnivals or |
25 | fairs. |
26 | (6) The association in any calendar day will not award a |
27 | total of more than [$4,000 in prizes] $8,000 in prizes. |
28 | (7) The association is a nonprofit association as |
29 | defined in this act. |
30 | (8) The association has complied with the annual |
|
1 | financial report filing requirements in subsection (g)(d.1) | <-- |
2 | (1). |
3 | (9) The association has complied with the educational |
4 | requirements contained in subsection (h)(d.1)(2). | <-- |
5 | (d.1) Additional application components.--As part of the | <-- |
6 | application under subsection (d), each association shall comply |
7 | with all of the following: |
8 | (1) An association shall file an annual report with the |
9 | licensing authority. The following shall apply: |
10 | (i) The first annual report required under this |
11 | paragraph shall contain information for the 12-month |
12 | period ending at least 60 days, but not more than 90 |
13 | days, prior to the submission of the application. |
14 | Subsequent annual reports shall contain information for |
15 | the most recent 12-month period ending in the same month |
16 | as the initial report. |
17 | (ii) The annual report shall concern the operation |
18 | of bingo games by the association and shall detail gross |
19 | receipts from the conduct of bingo games, the expenses |
20 | related to the conduct of bingo games, the prizes paid |
21 | out for bingo games and the details as to how the |
22 | proceeds from bingo games were used or disbursed by the |
23 | association. |
24 | (iii) The annual report shall be prepared on a one- |
25 | page form to be designed by the department. Additional |
26 | schedules shall be included, if necessary, to provide |
27 | specific details on the use or disbursement of the net |
28 | proceeds from bingo games by the association. |
29 | (2) An association shall provide evidence to the |
30 | licensing authority that bingo games education has been |
|
1 | completed under this paragraph. The following shall apply: |
2 | (i) Two hours of education shall have been completed |
3 | within the 12-month period immediately preceding the date |
4 | of the application. |
5 | (ii) The education shall have been completed by the |
6 | executive officer, secretary or a responsible person |
7 | listed on the association's application for a license. |
8 | The person receiving the training shall be associated |
9 | with the conduct of bingo games by the association. |
10 | (iii) The contents of the education program shall be |
11 | determined by the department and shall be designed to |
12 | assist associations in their compliance with statutory |
13 | and regulatory requirements associated with the conduct |
14 | of bingo games. |
15 | (iv) The education program may be conducted by any |
16 | Statewide nonprofit association approved by the |
17 | department. |
18 | (v) This paragraph shall not apply if the |
19 | association submits an affidavit affirmed by the |
20 | executive officer or secretary of the association that |
21 | the association will not conduct bingo games on 30 or |
22 | more days during the licensing period. |
23 | (e) Limitation on compensation.--No person may be employed |
24 | in the operation or the actual running of a bingo game for |
25 | compensation greater than [$50] $100 per calendar day, except |
26 | employees of outside operators under section 5(c)(10), and any |
27 | person compensated shall be paid individually by check or by |
28 | cash, in which case the payee shall sign a written receipt |
29 | therefor. [In addition, no person shall receive compensation |
30 | from more than one source for services rendered in the operation |
|
1 | of a bingo game.] |
2 | * * * |
3 | (g) Financial report.--An annual financial report limited to | <-- |
4 | the operation of bingo games detailing gross profit, allowable |
5 | expenses, rent, staff per diem, cost of supplies, net profit and |
6 | contributions to charitable causes shall be filed with the |
7 | licensing authority. This report shall be filed with the |
8 | application for license and shall be filed by the midterm |
9 | anniversary date of the license in nonapplication years. This |
10 | report shall be prepared on a one-page form to be designed by |
11 | the department. The report shall contain information for the 12- |
12 | month period immediately preceding a date 60 days prior to the |
13 | filing of the report. Failure to file the report by the midterm |
14 | anniversary date of the license shall result in the automatic |
15 | suspension of the license until the county treasurer certifies |
16 | the report has been filed in compliance with this act. |
17 | (h) Education requirements.--A licensed association that |
18 | conducts bingo 30 or more times in one calendar year must |
19 | provide evidence to the county treasurer that a bona fide member |
20 | or designee of the association has completed four hours of |
21 | education in the corresponding license period. The education |
22 | program shall include seminars on law applicable to bingo |
23 | involving reporting requirements, recordkeeping, legal operation |
24 | of bingo and any other related topics the department may |
25 | require. An education program shall be provided by any nonprofit |
26 | association approved by the department. |
27 | Section 3. Section 7(b) of the act, amended December 15, | <-- |
28 | 1982 (P.L.1299, No.293), is amended to read: |
29 | Section 7. Penalty. |
30 | * * * |
|
1 | (b) Misdemeanor.--Any person who conducts or assists in the |
2 | conducting of bingo in violation of the provisions of this act, |
3 | is guilty of a misdemeanor of the first degree. Any person who |
4 | permits the conduct of bingo on the same premises, owned by him |
5 | or leased to him, on more than five days in any one week or by |
6 | more than [one association] two associations in any calendar |
7 | day, except for bingo being played at an exposition, carnival or |
8 | fair, is guilty of a misdemeanor of the first degree. |
9 | Section 4. This act shall take effect as follows: |
10 | (1) The addition of section 5(h) of the act shall take | <-- |
11 | effect in two years. |
12 | (2) This section shall take effect immediately. |
13 | (3) The remainder of this act shall take effect in 60 |
14 | days. |
15 | (1) The amendment or addition of section 5(d)(8) and | <-- |
16 | (d.1)(1) of the act shall apply to applications filed more |
17 | than 60 days after the effective date of this section. |
18 | (2) The amendment or addition of section 5(d)(9) and |
19 | (d.1)(2) of the act shall apply to applications filed more |
20 | than one year after the effective date of this section. |
21 | (3) The remainder of this act shall take effect in 60 |
22 | days. |
|
