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§ 328.307. Licensing of eligible organizations

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 10 P.S. Charities and WelfareEffective: January 27, 2014

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 10 P.S. Charities and Welfare (Refs & Annos)
Chapter 10. Local Option Small Games of Chance Act (Refs & Annos)
Chapter 3. Games of Chance (Refs & Annos)
Effective: January 27, 2014
10 P.S. § 328.307
Formerly cited as PA ST 10 P.S. § 320
§ 328.307. Licensing of eligible organizations
Currentness
(a) License required.--The following shall apply:
(1) An eligible organization shall not conduct or operate games of chance unless the eligible organization has obtained a valid license as follows:
(i) A regular license which must be renewed annually.
(ii) A monthly license which permits the eligible organization to conduct games of chance for a 30-consecutive-day period.
(2) An auxiliary group of a licensed eligible organization may conduct games of chance using the license issued to the eligible organization if the auxiliary group is listed on the application and license of the eligible organization. An auxiliary group shall not be eligible to obtain a license. No additional licensing fee shall be charged for an auxiliary group. If the eligible organization is a club licensee, the games of chance conducted by the auxiliary group must be held on the club's licensed premises.
(b) Issuance.--The licensing authority shall issue a license within 30 days of the submission of an application by an eligible organization that meets the requirements under this chapter.
(b.1) Fee.--The license fee to be charged to each eligible organization for a regular license shall be $125. The license fee to be charged for a monthly license shall be $25. A regular license must be renewed annually. The fee shall be used by the licensing authority to administer this act.
(b.2) Location.--An eligible organization that holds a license under subsection (a) and that is not a club licensee may conduct small games of chance in the county where the license is issued at a premises which is the operating site of the eligible organization or at a premises or other location not prohibited by local ordinance, and for which the treasurer has been notified. The following shall apply:
(1) No more than three licensees, including the licensee that owns or leases the premises, may conduct small games of chance simultaneously at a premises or location.
(2) A licensee shall ensure that the conduct of small games of chance by different organizations are separate and clearly identified within a premises or location.
(3) A licensee that is not a club licensee may conduct games of chance simultaneously with the conduct of games of chance by a club licensee on not more than three occasions covering a total of seven days during the year.
(4) The following shall apply:
(i) Notwithstanding paragraph (1), if a club licensee is unable to conduct games of chance at the location listed on its application and license due to natural disaster, fire or other circumstance that renders the location unusable, the club licensee may submit a written request to the district attorney to conduct games of chance in a different location, including the licensed premises of another eligible organization.
(ii) A request under subparagraph (i) must include the change in the location and the dates and times the games of chance will be operated at the alternative location.
(iii) The district attorney shall approve or deny the request and shall establish a limit on the duration of the authorization to conduct games of chance at the alternative location. Following the expiration of the authorization period, the club licensee must return to the location specified in its application and license or apply to the licensing authority for a new permanent location. The district attorney may stipulate additional requirements as a condition of approval.
(iv) If a club licensee permits another club licensee to use its licensed premises under this paragraph to conduct games of chance, the host club licensee must cease its operation of games of chance during the time the club licensee utilizing its premises is conducting its games of chance.
(b.3) Deleted by 2013, Nov. 27, P.L. 1062, No. 92, § 6, effective in 60 days [Jan. 27, 2014].
(b.4) Gambling facility prohibited.--It shall be unlawful for a person, corporation, association, partnership or other business entity to offer for rent or offer for use a building or facility to be used exclusively for the conduct of games of chance. It shall also be unlawful for any eligible organization to lease under any terms a building or facility which is used exclusively for the conduct of games of chance.
(c) Display.--Licenses issued pursuant to this section shall be publicly displayed at the site where games of chance are conducted.
(d) Operation.--Each licensed eligible organization shall be prohibited from the following:
(1) Permitting any person under 18 years of age to operate or play games of chance.
(2) Permitting any person who has been convicted of a felony in a Federal or State court within the past five years or has been convicted in a Federal or State court within the past ten years of a violation of the act of July 10, 1981 (P.L. 214, No. 67),1 known as the Bingo Law, or of this act to manage, set up, supervise or participate in the operation of games of chance.
(3) Paying any compensation to any person for conducting any games of chance. Games of chance may only be conducted by managers, officers, directors, bar personnel and bona fide members of the eligible organization. This paragraph shall not apply to the sale of a raffle or raffle auction ticket.
(4) Conducting games of chance on any premises other than on the licensed premises or as otherwise provided by this chapter.
(5) Leasing the licensed premises under either an oral or a written agreement for a rental which is determined by either the amount of receipts realized from the playing of games of chance or the number of people attending, except that an eligible organization may lease a facility for a banquet where a per head charge is applied in connection with the serving of a meal. An eligible organization shall not lease such premises from any person who has been convicted of a violation of this act or the Bingo Law within the past ten years.
(6) Purchasing games of chance, other than raffles, 50/50 drawings, daily drawings and weekly drawings, from any person other than a registered manufacturer or licensed distributor approved by the department.
(d.1) Bank account and records.--An eligible organization with proceeds of games of chance that exceed $40,000 per year shall maintain a bank account, which shall be separate from all other funds belonging to the licensed eligible organization. Account records shall show all expenditures and income and shall be retained by the licensed eligible organization for at least two years.
(e) Application for license.--Each eligible organization shall apply to the licensing authority for a license on a form to be prescribed by the Secretary of Revenue. For a club license, the application and each renewal application shall include the most recent annual report filed by the club licensee under Chapter 5.2 The form shall contain an affidavit to be affirmed by the executive officer or secretary of the eligible organization stating that:
(1) No person under 18 years of age will be permitted by the eligible organization to operate or play games of chance.
(2) The facility in which the games of chance are to be played has adequate means of ingress and egress and adequate sanitary facilities available in the area.
(3) The eligible organization is not leasing such premises from the owner thereof under an oral agreement, nor is it leasing such premises from the owner thereof under a written agreement at a rental which is determined by the amount of receipts realized from the playing of games of chance or by the number of people attending, except that an eligible organization may lease a facility for a banquet where a per head charge is applied in connection with the serving of a meal.
(e.1) Proceedings.--Proceedings before the licensing authority are subject to 2 Pa.C.S. Chs. 5 Subch. B (relating to practice and procedure of local agencies) and 7 Subch. B (relating to judicial review of local agency action).3
(f) List of licensees.--The licensing authority, on a semiannual basis, shall send a copy of all licensees to the department.
(g) List of municipalities.--The licensing authority shall include with any license or renewal license issued to an eligible organization, an up-to-date listing of those municipalities within the licensing county which have approved the referendum question on small games of chance.
(h) Deleted by 2013, Nov. 27, P.L. 1062, No. 92, § 6, effective in 60 days [Jan. 27, 2014].

Credits

1988, Dec. 19, P.L. 1262, No. 156, § 10, effective in 60 days. Amended 1990, Dec. 19, P.L. 812, No. 195, § 3, imd. effective; 2000, Oct. 18, P.L. 602, No. 79, § 3, imd. effective. Renumbered as § 307 and amended by 2012, Feb. 2, P.L. 7, No. 2, § 10, effective in 30 days [March 5, 2012]. Amended 2012, Oct. 24, P.L. 1462, No. 184, § 4, effective in 60 days [Dec. 24, 2012]; 2013, Nov. 27, P.L. 1062, No. 92, § 6, effective in 60 days [Jan. 27, 2014].

Footnotes

1
10 P.S. § 301 et seq.
2
10 P.S. § 328.501 et seq.
3
2 Pa.C.S.A. §§ 551 et seq., 751 et seq.
10 P.S. § 328.307, PA ST 10 P.S. § 328.307
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
End of Document