Bill Text: PA HB1003 | 2009-2010 | Regular Session | Introduced

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Bill Title: An Act amending the act of July 10, 1981 (P.L.214, No.67), entitled "An act relating to the lawful conduct of bingo, prescribing penalties and making a repeal," further defining "bona fide member"; and further providing for rules for licensing and operation.

Spectrum: Slight Partisan Bill (Republican 20-7)

Status: (Introduced - Dead) 2009-03-19 - Referred to GAMING OVERSIGHT [HB1003 Detail]

Download: Pennsylvania-2009-HB1003-Introduced.html

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PRINTER'S NO. 1165
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1003 Session of2009
INTRODUCED BY SAYLOR, BENNINGHOFF, BEYER, J. EVANS, EVERETT, GINGRICH, GROVE, GRUCELA, HELM, KAUFFMAN, M. KELLER, KORTZ, MANN, MILLER, MOUL, MURT, PAYNE, PICKETT, RAPP, ROCK, SIPTROTH, SOLOBAY, SWANGER AND THOMAS, MARCH 19, 2009
REFERRED TO COMMITTEE ON GAMING OVERSIGHT, MARCH 19, 2009
AN ACT
Amending the act of July 10, 1981 (P.L.214, No.67), entitled "An
act relating to the lawful conduct of bingo, prescribing
penalties and making a repeal," further defining "bona fide
member"; and further providing for rules for licensing and
operation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "bona fide member" in section 3
of the act of July 10, 1981 (P.L.214, No.67), known as the Bingo
Law, added December 15, 1982 (P.L.1299, No.293), is amended to
read:
Section 3. Definitions.
The following words and phrases when used in this act shall
have, unless the context clearly indicates otherwise, the
meanings given to them in this section:
* * *
"Bona fide member." Any individual who holds a full
membership in the association as defined by the association's
constitution, charter, articles of incorporation or bylaws and
has been a member of the association for at least [one year] 30
days. The term shall also include those individuals who are
members of an auxiliary or recognized junior affiliate of the
parent association.
* * *
Section 2. Section 5(a), (c) and (d) of the act, amended
December 15, 1982 (P.L.1299, No.293) and February 12, 1988
(P.L.76, No.14), are amended to read:
Section 5. Rules for licensing and operation.
(a) Issuance and fee.--The licensing authority shall
license, upon application, any association as defined in section
3 to conduct the game of bingo at one location in the county,
which, when in a county of the second class, shall only be in
the city, borough or township where the main business office or
headquarters of the association is located. The county treasurer
of a county of the second class shall indicate on each license
the city, borough or township where the association may conduct
bingo. The single municipal location limitation shall not apply
to a group of licensed associations conducting bingo at a
central location. The license fee to be charged to each
nonprofit association shall be $100 per annum except to those
recognized senior citizens' groups who conduct bingo for their
members only the fee shall be $50 per annum. The license fee to
be charged to each agricultural association or county fair shall
be $100 per annum. Associations which conduct bingo only one
period each year for not more than [three] seven consecutive
days shall be charged $15 for the issuance of their license. The
fees collected pursuant to this section shall be paid by the
licensing authority into the general fund of the county and used
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for county purposes. All records retained by the licensing
authority relating to the issuance of bingo licenses and bingo
permits shall be public information.
* * *
(c) Operation.--Each licensed association shall comply with
the following restrictions and rules governing the operation of
bingo:
(1) No person under the age of 18 shall be permitted to
play bingo unless accompanied by an adult.
(2) No association shall conduct bingo more than twice
in any one week, except an association shall be permitted to
conduct the game of bingo for a period not to exceed ten days
at the association's exposition, carnival or fair site in
addition to the regularly scheduled games.
(3) Prizes awarded shall not exceed a value of $250 for
any one game of bingo, except [for jackpot] as follows:
(i) Jackpot games which shall not exceed a value of
$2,000 for one such game. [In addition, no more than
$4,000 in prizes]
(ii) No more than $8,000 in prizes shall be awarded
in any calendar day.
(iii) Winner-takes-all games which shall pay out
100% of the gross revenues generated from the bingo game.
(4) Only associations licensed to conduct bingo shall be
permitted to advertise their bingo games. Such advertisements
shall contain the date, time, location, whether cash or
merchandise prizes will be awarded and the name of the
association licensed to conduct the bingo game and the name
of the individual in charge of the operation of the game. An
association shall not advertise the prizes or their dollar
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value which will be awarded nor shall they advertise a
guaranteed prize dollar value.
(5) The association shall own the equipment used in
playing bingo or shall sign a written agreement leasing the
equipment from another licensed association for a fee which
is not determined by the amount of receipts realized from the
playing of bingo or the number of people attending bingo
games. Joint ownership of bingo equipment shall be permitted
only if both owners of the equipment are licensed
associations. This paragraph shall not apply to associations
contracting charitable organizations or outside operators to
conduct bingo at expositions, carnivals or fairs.
(6) The association shall own both the premises upon
which bingo is played and the personal property used in the
conduct of the game, or if it does not, the association shall
sign a written agreement leasing such premises or personal
property from the owner thereof for a fee which is not
determined by either the amount of receipts realized from the
playing of bingo or the number of people attending bingo
games. An association shall not lease such premises or
personal property from any person who has been convicted of a
felony or a violation of this act.
(7) Each association shall keep written records of the
moneys and merchandise collected and distributed for each day
they conduct bingo. These records shall indicate the total
proceeds collected, the total prize money distributed, the
total value of all merchandise awarded as a prize and the
amount of moneys paid as rentals or wages and to whom such
rentals or wages were paid. All prizes awarded having a value
greater than $250 shall be specifically described in the
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association's records.
(8) Each association shall deposit with a financial
institution all proceeds for each day's bingo game in an
account in the association's name. This deposit shall be made
before any of the proceeds may be used for any other purpose,
except for payment of prize money and compensation to members
employed in the operation of the game.
(9) No association shall permit any person who is not a
bona fide member of the association or who has been convicted
of a felony or a violation of this act to manage, set up,
supervise or participate in the operation of the
association's bingo games. Nothing contained in this act
shall be construed to prohibit individuals under 18 years of
age from participating in the operation of the game and being
compensated therefor if written permission is obtained from
their parent or guardian.
(10) Associations which obtain a license for the purpose
of conducting bingo at an exposition, carnival or fair for a
period not exceeding ten days shall be permitted to contract
a charitable organization to manage, set up, supervise or
participate in the operation of the bingo game provided only
merchandise prizes are awarded. Only bona fide members of the
contracted charitable organization shall be permitted to
participate in the operation of the bingo game. If no
charitable organizations are available, the association may
contract an outside operator to conduct the game for
merchandise at the exposition, carnival or fair site. The
provisions of this paragraph shall not be construed to allow
bingo games to be ordinarily carried out on a commercial
basis in this Commonwealth.
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(11) No person shall participate in the operation of
bingo games on more than four days in any calendar week,
which games may be operated by no more than two different
licensed associations. This provision shall not apply to
persons engaged in the operation of bingo for merchandise at
expositions, carnivals or fairs not exceeding ten days in
duration.
(12) No supplier of merchandise nor any person who has
been convicted of a felony or a violation of this act shall
have a pecuniary interest in the operation or proceeds of the
bingo game.
(d) Application for license.--Each association shall apply
to the licensing authority for a license on a form to be
prescribed by the Secretary of the Commonwealth. Said form shall
contain an affidavit to be affirmed by the executive officer or
secretary of the association stating that:
(1) No person under the age of 18 will be permitted by
the association to play bingo unless accompanied by an adult.
(2) The facility in which any game of bingo is to be
played does have adequate means of ingress and egress and
adequate sanitary facilities available in the area.
(3) The association is the sole or joint owner with a
licensed association of the equipment used in playing bingo
or it leases the equipment from another licensed association
under a written agreement for a fee which is not determined
by the amount of receipts realized from the playing of bingo
or the number of people attending bingo games. This paragraph
shall not apply to associations contracting with charitable
organizations or outside operators to conduct bingo at
expositions, carnivals or fairs.
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(4) The association is the owner of both the premises
upon which bingo is played and the personal property used in
the conduct of the game or, if it is not, that the
association is not leasing such premises or personal property
from the owner thereof under an oral agreement, nor is it
leasing such premises or personal property from the owner
thereof under a written agreement at a rental which is
determined by either the amount of receipts realized from the
playing of bingo or the number of people attending bingo
games, nor is it leasing such premises or personal property
from a person who has been convicted of a felony or a
violation of this act.
(5) The association will not conduct the playing of
bingo more than twice per week in any one week, except those
associations conducting bingo at expositions, carnivals or
fairs.
(6) The association in any calendar day will not award a
total of more than [$4,000] $8,000 in prizes.
(7) The association is a nonprofit association as
defined in this act.
* * *
Section 3. This act shall take effect immediately.
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