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§ 328.903. Licenses

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 9. Tavern Gaming (Refs & Annos)
Effective: January 27, 2014
10 P.S. § 328.903
§ 328.903. Licenses
Currentness
(a) Application.--A restaurant licensee may apply to the board for a license to conduct tavern games at a licensed premises located in a municipality that has adopted a referendum to allow small games of chance under section 703.1
(b) Information.--The application under subsection (a) shall include the following information:
(1) The name, address and photograph of the applicant.
(2) A current tax lien certificate issued by the department and a certificate from the Department of Labor and Industry of payment of all workers' compensation and unemployment compensation owed.
(3) The details of any license issued under 4 Pa.C.S. Pt. II (relating to gaming),2 the act of April 12, 1951 (P.L. 90, No. 21),3 known as the Liquor Code, or this act which was applied for or in which the applicant or other owner has an interest.
(4) Certified consent by the applicant, including each owner and officer of the restaurant licensee, to a background investigation by the bureau.
(5) Relating to criminal information, disclosure of all arrests and citations of the applicant, including nontraffic summary offenses. The information shall include all of the following:
(i) A brief description of the circumstances surrounding the arrest or issuance of the citation.
(ii) The specific offense charged.
(iii) The ultimate disposition of the charge, including any dismissal, plea bargain, conviction, sentence, pardon, expungement or order of Accelerated Rehabilitative Disposition.
(6) Financial interests and transactions as required by the bureau.
(7) Relating to citations of the applicant issued under the Liquor Code.
(8) Relating to disclosure of conditional license agreements entered into under the Liquor Code.
(9) Any other information required by the board.
(c) Duty of bureau.--The bureau shall conduct a background investigation of each applicant, the scope of which shall be determined by the bureau.
(d) Review.--Within six months of receipt of the background investigation report from the bureau, the board shall approve or disapprove the application.
(e) Background investigation.--Each applicant shall include information and documentation as required to establish personal and financial suitability, honesty and integrity. Information shall include:
(1) Criminal history record information.
(2) Financial background information.
(3) Regulatory history before the board or other Commonwealth agency.
(4) Other information required by the bureau.
(f) Personal interview.--If the bureau determines that the results of the background report investigation warrant additional review of the individual, the bureau shall conduct a personal interview with the applicant and may request information and interviews from other personal or professional associates.
(g) Cooperation.--The applicant shall cooperate with the bureau as requested during the conduct of the background investigation. Any refusal to provide the information required under this section or to consent to a background investigation shall result in the immediate denial of a license by the board.
(h) Costs.--The applicant shall reimburse the bureau for the actual costs of conducting the background investigation. The board shall not approve an applicant that has not fully reimbursed the bureau for the investigation.
(i) Approval.--The bureau shall transmit the investigative report and may make a recommendation to the board. The board shall review the information obtained under this section to determine if the applicant possesses the following:
(1) Financial stability, integrity and responsibility.
(2) Sufficient business experience and ability to effectively operate tavern games as part of the restaurant licensee's operator.
(3) Character, honesty and integrity to be licensed to operate tavern games in a responsible and lawful manner.
(j) Disapproval.--The board may disapprove the issuance of a tavern gaming license for the following reasons:
(1) A license shall not be issued to a restaurant licensee whose liquor license is in safekeeping pursuant to section 474.1 of the Liquor Code.4
(2) A license shall not be issued to a location that is subject to a pending objection under section 470(a.1) of the Liquor Code.5
(3) A license shall not be issued to a location that is subject to:
(i) a pending license suspension under section 471 of the Liquor Code;6 or
(ii) a one-year prohibition on the issuance or transfer of a license under section 471(b) of the Liquor Code.

Credits

1988, Dec. 19, P.L. 1262, No. 156, § 903, added 2013, Nov. 27, P.L. 1045, No. 90, § 5, effective in 60 days [Jan. 27, 2014].

Footnotes

1
10 P.S. § 328.703.
2
4 Pa.C.S.A. § 1101 et seq.
3
47 P.S. § 1-101 et seq.
4
47 P.S. § 4-474.1.
5
47 P.S. § 4-470.
6
47 P.S. § 4-471.
10 P.S. § 328.903, PA ST 10 P.S. § 328.903
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
End of Document