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§ 328.905. Approval

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. § 328.905
§ 328.905. Approval
(a) Issuance.--Upon being satisfied that the requirements of section 9031 have been met, the board may approve the application and issue a tavern games license for a period of one year. The board may enter into an agreement with the licensee concerning additional restrictions on the license, and this agreement shall be binding on the licensee. Failure of the licensee to adhere to the agreement will be cause for penalties under section 913(c)2 and for the nonrenewal of the license under section 913(f).
(b) Renewal.--A license shall be renewed annually. A license renewal shall not require review of the bureau, unless requested by the board. The board may refuse to renew 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 under section 474.1 of the act of April 12, 1951 (P.L. 90, No. 21),3 known as the Liquor Code.
(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.4
(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;5 or
(ii) a one-year prohibition on the issuance or transfer of a license under section 471(b) of the Liquor Code.
(c) Fee.--Upon approval, the applicant shall pay a $2,000 license fee to be deposited in the General Fund. The annual renewal fee shall be $1,000.
(d) Entitlement.--Nothing under this chapter shall be construed to create an entitlement to a license by a person. The board shall have sole discretion to issue, renew, condition, suspend, revoke or deny a license based on the requirements of this chapter and whether the issuance and maintenance of the license are in the best interests of the Commonwealth.
(e) Nontransferability.--A license shall be a grant of privilege to conduct tavern games. A license may not be sold, transferred or assigned to any other person. A licensee may not pledge or otherwise grant a security interest in or lien on the license. The board shall have the sole discretion to issue, renew, condition or deny the issuance of a license.

Credits

1988, Dec. 19, P.L. 1262, No. 156, § 905, added 2013, Nov. 27, P.L. 1045, No. 90, § 5, effective in 60 days [Jan. 27, 2014].

Footnotes

10 P.S. § 328.903.
10 P.S. § 328.913.
47 P.S. § 4-474.1.
47 P.S. § 4-470.
47 P.S. § 4-471.
10 P.S. § 328.905, PA ST 10 P.S. § 328.905
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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