Bill Text: PA SB1311 | 2011-2012 | Regular Session | Introduced

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Bill Title: Further providing for definitions, for rules for licensing and operation, for revocation of licenses and for penalties.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-10-26 - Referred to FINANCE [SB1311 Detail]

Download: Pennsylvania-2011-SB1311-Introduced.html

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PRINTER'S NO. 1719
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1311 Session of2011
INTRODUCED BY ORIE, SOLOBAY, RAFFERTY, WARD, FONTANA, KASUNIC, BROWNE, HUGHES, ALLOWAY, BOSCOLA, ERICKSON, SCHWANK, TARTAGLIONE, YUDICHAK AND FOLMER, OCTOBER 26, 2011
REFERRED TO FINANCE, OCTOBER 26, 2011
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 providing for
definitions, for rules for licensing and operation, for
revocation of licenses and for penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definitions of "bingo" and "bona fide member"
in section 3 of the act of July 10, 1981 (P.L.214, No.67), known
as the Bingo Law, amended or added December 15, 1982 (P.L.1299,
No.293), are amended and the section is amended by adding
definitions 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:
* * *
"Bingo." A game in which each player has a card [or board],
board or electronic bingo device containing five horizontal rows
all but the central one containing five figures. The central row
has four figures with the word "free" marked in the center
thereof. Any preannounced combination of spaces when completed
by a player constitutes bingo. In the absence of a
preannouncement of a combination of spaces, any combination of
five in a row whether horizontal or vertical when completed by a
player constitutes bingo when its numbers are announced and
covered. A wheel or other mechanical device may be used by any
person conducting the game of bingo, and any such person may
award a prize to any player or players first completing any
combination constituting bingo.
"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]. The
term shall also include those individuals who are members of an
auxiliary or recognized junior affiliate of the parent
association.
* * *
"Electronic bingo device." An electronic or mechanical
device that is used by a bingo player to mark representations of
bingo card faces stored in the device and shall not include any
device into which coin, currency or tokens are inserted directly
to activate play or which uses wireless communication
technology.
* * *
"Lessor." A person that permits the conduct of bingo on a
premises owned by or leased to the person.
* * *
Section 2. Section 5(c), (d) and (e) of the act, amended
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December 15, 1982 (P.L.1299, No.293) and February 12, 1988
(P.L.76, No.14), are amended and the section is amended by
adding a subsection to read:
Section 5. Rules for licensing and operation.
* * *
(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. Children under 18
years of age shall not be permitted to play bingo using an
electronic bingo device.
(2) No association shall conduct bingo more than [twice]
three times 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]
(ii) No more than [$4,000 in prizes] $10,000 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
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of the individual in charge of the operation of the game. [An
association shall not advertise the prizes or their dollar
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. More than one association
may lease the same premises for the conducting of bingo and
each association shall have its own license, subject to the
limitations enumerated in section 7(b).
(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
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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] of $600 or more shall be specifically
described in the association's records. The association shall
obtain the signature receipt of any winner of $600 or more.
These records shall be maintained by the association. Each
association shall report to the Department of Revenue prizes
awarded as required by section 335 of the act of March 4,
1971 (P.L.6, No.2), known as the "Tax Reform Code of 1971."
(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.] An association may permit any
person who is a bona fide member of the association or an
employee of a lessor to manage, set up, supervise or
participate in the operation of the association's bingo
games. No association shall permit any person 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
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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.
(11) No person shall participate in the operation of
bingo games on more than [four] six 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
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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.
Children under 18 years of age shall not be permitted to play
bingo using an electronic bingo device.
(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.
(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
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violation of this act.
(5) The association will not conduct the playing of
bingo more than [twice] three times 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 in prizes] $10,000 in prizes.
(7) The association is a nonprofit association as
defined in this act.
(8) The association has complied with the annual
financial report filing requirements in subsection (d.1)(1).
(9) The association has complied with the educational
requirements contained in subsection (d.1)(2).
(d.1) Additional application components.--As part of the
initial or renewal application filed under subsection (d), each
association shall comply with all of the following:
(1) An association shall file an annual report with the
licensing authority. The following shall apply:
(i) The first annual report required under this
paragraph shall contain information for the 12-month
period ending at least 60 days, but not more than 90
days, prior to the submission of the application.
Subsequent annual reports shall contain information for
the most recent 12-month period ending in the same month
as the initial report.
(ii) The annual report shall detail gross receipts
from the conduct of bingo games, the expenses related to
the conduct of bingo games, the prizes paid out for bingo
games and the details as to how the proceeds from bingo
games were used or disbursed by the association.
20110SB1311PN1719 - 8 -
(iii) The annual report shall be prepared on a one-
page form to be designed by the department. Additional
schedules shall be included, if necessary, to provide
specific details on the use or disbursement of the net
proceeds from bingo games by the association.
(iv) A copy of the annual report shall be filed with
the application to renew the liquor license of an
eligible organization.
(2) An association shall provide evidence to the
licensing authority that bingo games training has been
completed under this paragraph. The following shall apply:
(i) A minimum of two hours of training shall have
been completed within the 12-month period immediately
preceding the date of the application.
(ii) The training shall have been completed by the
executive officer, secretary or a responsible person
listed on the association's application for a license.
The person receiving the training shall be associated
with the conduct of bingo games by the association.
(iii) The training shall consist of the completion
of training materials prepared by the department. The
training materials shall be designed to assist eligible
organizations in their compliance with statutory and
regulatory requirements associated with the conduct of
games of chance. The training materials shall be
available on the department's publicly accessible
Internet website. Upon request, the department shall
provide hard copies of the training materials at a cost
not to exceed the actual cost of printing and postage.
(iv) This paragraph shall not apply if the
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association submits an affidavit affirmed by the
executive officer or secretary of the association that
the association will not conduct bingo games on 30 or
more days during the licensing period.
(e) Limitation on compensation.--No person may be employed
in the operation or the actual running of a bingo game for
compensation greater than [$50] $100 per calendar day, except
employees of outside operators under section 5(c)(10), and any
person compensated shall be paid individually by check or by
cash, in which case the payee shall sign a written receipt
therefor. [In addition, no person shall receive compensation
from more than one source for services rendered in the operation
of a bingo game.]
* * *
Section 3. Section 6(a) of the act is amended by adding a
paragraph to read:
Section 6. Revocation of licenses.
(a) Grounds.--The licensing authority shall revoke or refuse
to renew the license of any association whenever the district
attorney finds upon investigation that:
* * *
(9) The association has failed to keep and maintain the
records required under this act for a period of two years.
* * *
Section 4. Section 7(b) of the act, amended December 15,
1982 (P.L.1299, No.293), is amended to read:
Section 7. Penalty.
* * *
(b) Misdemeanor.--Any person who conducts or assists in the
conducting of bingo in violation of the provisions of this act,
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is guilty of a misdemeanor of the first degree. Any person who
permits the conduct of bingo on the same premises, owned by him
or leased to him, on more than [five] seven days in any one week
or by more than [one association] three associations in any
calendar day, except for bingo being played at an exposition,
carnival or fair, is guilty of a misdemeanor of the first
degree.
Section 5. This act shall apply as follows:
(1) The amendment or addition of section 5(d)(8) and
(d.1)(1) of the act shall apply to applications filed more
than 60 days after the effective date of this section.
(2) The amendment or addition of section 5(d)(9) and
(d.1)(2) of the act shall apply to applications filed more
than one year after the effective date of this section.
Section 6. This act shall take effect as follows:
(1) Section 5 of this act and this section shall take
effect immediately.
(2) The remainder of this act shall take effect in 60
days.
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