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§ 328.702. Enforcement

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 7. Enforcement (Refs & Annos)
Effective: January 27, 2014
10 P.S. § 328.702
Formerly cited as PA ST 10 P.S. § 323
§ 328.702. Enforcement
(a) Licensing authority.--The licensing authority may enforce the provisions of this act and may impose the penalties under subsection (d).
(b) Bureau of Liquor Control Enforcement.--If the licensee is a club licensee or a licensee under Chapter 9,1 the Bureau of Liquor Control Enforcement may enforce the provisions of this act in accordance with subsection (g). An administrative law judge under section 212 of the act of April 12, 1951 (P.L. 90, No. 21),2 known as the Liquor Code, may impose the penalties under subsection (d) following the issuance of a citation by the bureau. The Bureau of Liquor Control Enforcement shall have no jurisdiction to enforce the provisions of this act on any special occasion permit holder under section 408.4 of the Liquor Code.3 The Bureau of Liquor Control Enforcement shall retain all powers and duties to enforce the provisions of the Liquor Code on a special occasion permit holder.
(c) Random audits.--The department shall conduct biennial random audits of 5% of all club licensees.
(d) Powers and duties.--The licensing authority, or, in the case of a club licensee, the Bureau of Liquor Control Enforcement, may impose the following penalties:
(1) A civil penalty.
(2) Suspension or revocation of the license.
(e) District attorney.--The district attorney of the county that issued the license shall investigate alleged violations of this act. If the district attorney finds probable cause to believe that a criminal violation has occurred, the district attorney may file criminal charges and prosecute the complaint against the alleged violator in the court of common pleas of the county except in counties of the first class where the complaint may be filed in the municipal court.
(f) Law enforcement officials.--Nothing in this act may restrict or limit the power of a State, county or local law enforcement official to conduct investigations and file criminal charges under this act.
(g) General rule.--
(1) Except as provided in paragraph (2), a violation of this act by a club licensee shall not constitute a violation of the Liquor Code.
(2) If a club licensee has committed three or more violations of this act, the Bureau of Liquor Control Enforcement may enforce a violation of this act as a violation of the Liquor Code.
(3) A violation of this act shall not constitute a violation of the Liquor Code for the purposes of section 471(c) of the Liquor Code.4

Credits

1988, Dec. 19, P.L. 1262, No. 156, § 13, effective in 60 days. Renumbered as § 702 and amended by 2012, Feb. 2, P.L. 7, No. 2, § 15, effective in 30 days [March 5, 2012]. Amended 2012, Oct. 24, P.L. 1462, No. 184, § 6, effective in 60 days [Dec. 24, 2012]; 2013, Nov. 27, P.L. 1045, No. 90, § 4, effective in 60 days [Jan. 27, 2014]; 2013, Nov. 27, P.L. 1062, No. 92, § 8, effective in 60 days [Jan. 27, 2014].

Footnotes

10 P.S. § 328.901 et seq.
47 P.S. § 2-212.
47 P.S. § 4-408.4
47 P.S. § 4-471.
10 P.S. § 328.702, PA ST 10 P.S. § 328.702
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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