| |
|
| |
| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
| |
| HOUSE BILL |
|
| |
| |
| INTRODUCED BY DEASY, SOLOBAY, READSHAW, BUXTON, BELFANTI, BRENNAN, BRIGGS, CALTAGIRONE, CARROLL, CASORIO, DONATUCCI, GALLOWAY, GERGELY, GIBBONS, GOODMAN, GRUCELA, HALUSKA, HARKINS, HENNESSEY, HORNAMAN, KOTIK, KULA, MANN, MARKOSEK, MURT, PETRARCA, SEIP, SIPTROTH, SONNEY, VULAKOVICH, WHITE, FABRIZIO AND DePASQUALE, MARCH 12, 2010 |
| |
| |
| REFERRED TO COMMITTEE ON GAMING OVERSIGHT, MARCH 12, 2010 |
| |
| |
| |
| AN ACT |
| |
1 | Amending the act of July 10, 1981 (P.L.214, No.67), entitled "An |
2 | act relating to the lawful conduct of bingo, prescribing |
3 | penalties and making a repeal," further providing for |
4 | definitions and for rules for licensing and operation; |
5 | providing for progressive jackpots; and further providing for |
6 | penalties. |
7 | The General Assembly of the Commonwealth of Pennsylvania |
8 | hereby enacts as follows: |
9 | Section 1. The definitions of "bingo" and "bona fide member" |
10 | in section 3 of the act of July 10, 1981 (P.L.214, No.67), known |
11 | as the Bingo Law, amended or added December 15, 1982 (P.L.1299, |
12 | No.293), are amended and the section is amended by adding |
13 | definitions to read: |
14 | Section 3. Definitions. |
15 | The following words and phrases when used in this act shall |
16 | have, unless the context clearly indicates otherwise, the |
17 | meanings given to them in this section: |
18 | * * * |
|
1 | "Bingo." A game in which each player has a card or [board] |
2 | an electronic representation of a card containing five |
3 | horizontal rows all but the central one containing five figures. |
4 | The central row has four figures with the word "free" marked in |
5 | the center thereof. Any preannounced combination of spaces when |
6 | completed by a player, including a player using an electronic |
7 | bingo device, constitutes bingo when the numbers are announced |
8 | and covered. [In the absence of a preannouncement of a |
9 | combination of spaces, any combination of five in a row whether |
10 | horizontal or vertical when completed by a player constitutes |
11 | bingo when its numbers are announced and covered.] A wheel or |
12 | other mechanical device [may] must be used by [any person |
13 | conducting the game of bingo, and any such person] a member of |
14 | the association physically calling each ball used in the game of |
15 | bingo. Any member of the association or employee of the lessor |
16 | from whom the association is renting the premises may award a |
17 | prize to any player or players [first] completing any |
18 | combination constituting bingo. The term includes bonanza bingo. |
19 | "Bona fide member." Any individual who holds a full |
20 | membership in the association as defined by the association's |
21 | constitution, charter, articles of incorporation or bylaws [and |
22 | has been a member of the association for at least one year]. The |
23 | term shall also include those individuals who are members of an |
24 | auxiliary or recognized junior affiliate of the parent |
25 | association. |
26 | "Bonanza bingo." A bingo game in which one or more players |
27 | have a card or an electronic representation of a card, whether |
28 | sealed or unsealed, containing five horizontal rows all but the |
29 | central one containing five figures. The central row has four |
30 | figures with the word "free" marked in the center thereof. |
|
1 | Before the commencement of a bonanza bingo session, the |
2 | association shall determine the number of balls used for the |
3 | session. A member of the association shall physically call the |
4 | balls at the beginning of the bonanza bingo session. Any |
5 | preannounced combination of spaces if completed by a player, |
6 | including a player using an electronic bingo device, constitutes |
7 | bingo after the numbers are covered. A wheel or other mechanical |
8 | device must be used by a member of the association physically |
9 | calling each ball used for the bonanza bingo session. Any member |
10 | of the association or employee of the lessor from whom the |
11 | association is renting the location may award a prize to any |
12 | player completing any combination constituting bonanza bingo. A |
13 | new game of bonanza bingo is commenced by a player receiving a |
14 | new card to compare to the balls previously called by a member |
15 | of the association at the beginning of the bonanza bingo |
16 | session. |
17 | * * * |
18 | "Electronic bingo device." An electronic or mechanical |
19 | device that is used by a bingo player to mark representations of |
20 | bingo card faces stored in the device and shall not include any |
21 | device which uses wireless communication technology, such as |
22 | radio frequency or into which coin, currency or tokens are |
23 | inserted directly into the device to activate play. An |
24 | electronic bingo device may be used to participate in any lawful |
25 | form of bingo. |
26 | * * * |
27 | "Lessor." A person that permits the conduct of bingo on |
28 | premises owned by or leased to that person. |
29 | * * * |
30 | "Prize." The maximum allowed to be paid by an association |
|
1 | per session, not including any progressive jackpot, is $10,000. |
2 | A prize is not considered to be a prize until it is paid to the |
3 | winning player, who must be present during the bingo game the |
4 | prize was won. The prize must be awarded to the winner in |
5 | person, upon request of the person, by a bona fide member of the |
6 | association or an employee of the lessor with whom the |
7 | association is renting the premises. |
8 | "Progressive jackpot." An amount given along with the |
9 | regular prize if a win is obtained in the predetermined number |
10 | of balls or less. If the win is not obtained in the |
11 | predetermined number of balls or less, the regular game shall |
12 | continue. |
13 | "Session." An uninterrupted period of time during which an |
14 | association conducts bingo on a calendar day at a single |
15 | location. |
16 | Section 2. Section 5(c), (d) and (e) of the act, amended |
17 | December 15, 1982 (P.L.1299, No.293) and February 12, 1988 |
18 | (P.L.76, No.14), are amended and the section is amended by |
19 | adding a subsection to read: |
20 | Section 5. Rules for licensing and operation. |
21 | * * * |
22 | (c) Operation.--Each licensed association shall comply with |
23 | the following restrictions and rules governing the operation of |
24 | bingo: |
25 | (1) No person under the age of 18 shall be permitted to |
26 | play bingo unless accompanied by an adult. Children under 18 |
27 | years of age shall not be permitted to play bingo using an |
28 | electronic bingo device. |
29 | (2) No association shall conduct bingo more than [twice] |
30 | four times in any one week, except an association shall be |
|
1 | permitted to conduct the game of bingo for a period not to |
2 | exceed ten days at the association's exposition, carnival or |
3 | fair site in addition to the regularly scheduled games. |
4 | (3) Prizes awarded shall not exceed a value of $250 for |
5 | any one game of bingo, except [for jackpot] as follows: |
6 | (i) Jackpot games, which shall not exceed a value of |
7 | $2,000 for one such game. [In addition, no] |
8 | (ii) No more than [$4,000 in prizes] $10,000 in |
9 | prizes shall be awarded per session in any calendar day. |
10 | (iii) Winner-takes-all games, which shall pay out |
11 | 100% of the gross revenues generated from the bingo game. |
12 | (3.1) The value of a progressive jackpot shall not be |
13 | subject to prize limitations under paragraph (3). |
14 | (4) Only associations licensed to conduct bingo shall be |
15 | permitted to advertise their bingo games. Such advertisements |
16 | shall contain the date, time, location, whether cash or |
17 | merchandise prizes will be awarded and the name of the |
18 | association licensed to conduct the bingo game and the name |
19 | of the individual in charge of the operation of the game. [An |
20 | association shall not advertise the prizes or their dollar |
21 | value which will be awarded nor shall they advertise a |
22 | guaranteed prize dollar value.] |
23 | (5) The association shall own the equipment used in |
24 | playing bingo or shall sign a written agreement leasing the |
25 | equipment from another licensed association [for a fee which |
26 | is not determined by the amount of receipts realized from the |
27 | playing of bingo or the number of people attending bingo |
28 | games] or a manufacturer or distributor of the equipment. |
29 | Joint ownership of bingo equipment shall be permitted only if |
30 | both owners of the equipment are licensed associations. This |
|
1 | paragraph shall not apply to associations contracting |
2 | charitable organizations or outside operators to conduct |
3 | bingo at expositions, carnivals or fairs. The association may |
4 | be charged a per use fee on an electronic bingo device used |
5 | during a bingo session. The per use fee may not be determined |
6 | by the amount of receipts realized from the playing of bingo |
7 | or the number of people attending bingo games. |
8 | (6) The association shall own both the premises upon |
9 | which bingo is played and the personal property used in the |
10 | conduct of the game, or if it does not, the association shall |
11 | sign a written agreement leasing such premises or personal |
12 | property from the owner thereof for a fee which is not |
13 | determined by either the amount of receipts realized from the |
14 | playing of bingo or the number of people attending bingo |
15 | games. An association shall not lease such premises or |
16 | personal property from any person who has been convicted of a |
17 | felony or a violation of this act. More than one association |
18 | may lease the same premises for the conducting of bingo, and |
19 | each association shall have its own license, subject to the |
20 | limitations enumerated in section 7(b). |
21 | (7) Each association shall keep written records of the |
22 | moneys and merchandise collected and distributed for each day |
23 | [they conduct] the association conducts bingo. These records |
24 | shall indicate the total proceeds collected, the total prize |
25 | money distributed, the total value of all merchandise awarded |
26 | as a prize and the amount of moneys paid as rentals or wages |
27 | and to whom such rentals or wages were paid. All prizes |
28 | awarded having a value [greater than $250] of $600 or more |
29 | shall be specifically described in the association's records. |
30 | The association shall obtain the signature receipt of any |
|
1 | winner of $600 or more. These records shall be maintained by |
2 | the association. Each association shall report to the |
3 | Department of Revenue prizes awarded as required by section |
4 | 335 of the act of March 4, 1971 (P.L.6, No.2), known as the |
5 | "Tax Reform Code of 1971." |
6 | (8) Each association shall deposit with a financial |
7 | institution all proceeds for each day's bingo game in an |
8 | account in the association's name. This deposit shall be made |
9 | before any of the proceeds may be used for any other purpose, |
10 | except for payment of prize money and compensation to members |
11 | employed in the operation of the game. |
12 | (9) [No association shall permit any person who is not a |
13 | bona fide member of the association or who has been convicted |
14 | of a felony or a violation of this act to manage, set up, |
15 | supervise or participate in the operation of the |
16 | association's bingo games.] An association may permit any |
17 | person who is a bona fide member of the association or an |
18 | employee of a lessor to manage, set up, supervise or |
19 | participate in the operation of the association's bingo |
20 | games. No association shall permit any person who has been |
21 | convicted of a felony or a violation of this act to manage, |
22 | set up, supervise or participate in the operation of the |
23 | association's bingo games. Nothing contained in this act |
24 | shall be construed to prohibit individuals under 18 years of |
25 | age from participating in the operation of the game and being |
26 | compensated therefor if written permission is obtained from |
27 | their parent or guardian. |
28 | (10) Associations which obtain a license for the purpose |
29 | of conducting bingo at an exposition, carnival or fair for a |
30 | period not exceeding ten days shall be permitted to contract |
|
1 | a charitable organization to manage, set up, supervise or |
2 | participate in the operation of the bingo game provided only |
3 | merchandise prizes are awarded. Only bona fide members of the |
4 | contracted charitable organization shall be permitted to |
5 | participate in the operation of the bingo game. If no |
6 | charitable organizations are available, the association may |
7 | contract an outside operator to conduct the game for |
8 | merchandise at the exposition, carnival or fair site. The |
9 | provisions of this paragraph shall not be construed to allow |
10 | bingo games to be ordinarily carried out on a commercial |
11 | basis in this Commonwealth. |
12 | (11) No person shall participate in the operation of |
13 | bingo games on more than four days in any calendar week, |
14 | which games may be operated by no more than two different |
15 | licensed associations. This provision shall not apply to |
16 | persons engaged in the operation of bingo for merchandise at |
17 | expositions, carnivals or fairs not exceeding ten days in |
18 | duration. |
19 | (12) No supplier of merchandise nor any person who has |
20 | been convicted of a felony or a violation of this act shall |
21 | have a pecuniary interest in the operation or proceeds of the |
22 | bingo game. |
23 | (13) No more than three bingo sessions may be conducted |
24 | on the same premises on the same calendar day. |
25 | (14) No more than one bingo session may be conducted on |
26 | the same premises at the same time. |
27 | (15) Associations licensed by the Pennsylvania Liquor |
28 | Control Board and licensed under this act may conduct bingo |
29 | on a regular basis and for the prize limits provided under |
30 | this act. The conduct of regular bingo sessions by an |
|
1 | association licensed by the Pennsylvania Liquor Control Board |
2 | shall not be construed as the operation of another business |
3 | on the licensee's premises. |
4 | (d) Application for license.--Each association shall apply |
5 | to the licensing authority for a license on a form to be |
6 | prescribed by the Secretary of the Commonwealth. Said form shall |
7 | contain an affidavit to be affirmed by the executive officer or |
8 | secretary of the association stating that: |
9 | (1) No person under the age of 18 will be permitted by |
10 | the association to play bingo unless accompanied by an adult. |
11 | Children under 18 years of age shall not be permitted to play |
12 | bingo using an electronic bingo device. |
13 | (2) The facility in which any game of bingo is to be |
14 | played does have adequate means of ingress and egress and |
15 | adequate sanitary facilities available in the area. |
16 | (3) The association is the sole or joint owner with a |
17 | licensed association of the equipment used in playing bingo |
18 | or [it leases] has signed a written agreement leasing the |
19 | equipment from another licensed association [under a written |
20 | agreement] or manufacturer or distributor of the equipment |
21 | for a fee which is not determined by the amount of receipts |
22 | realized from the playing of bingo or the number of people |
23 | attending bingo games. This paragraph shall not apply to |
24 | associations contracting with charitable organizations or |
25 | outside operators to conduct bingo at expositions, carnivals |
26 | or fairs. |
27 | (4) The association is the owner of both the premises |
28 | upon which bingo is played and the personal property used in |
29 | the conduct of the game or, if it is not, that the |
30 | association is not leasing such premises or personal property |
|
1 | from the owner thereof under an oral agreement, nor is it |
2 | leasing such premises or personal property from the owner |
3 | thereof under a written agreement at a rental which is |
4 | determined by either the amount of receipts realized from the |
5 | playing of bingo or the number of people attending bingo |
6 | games, nor is it leasing such premises or personal property |
7 | from a person who has been convicted of a felony or a |
8 | violation of this act. |
9 | (5) The association will not conduct the playing of |
10 | bingo more than [twice] four times per week in any one week, |
11 | except those associations conducting bingo at expositions, |
12 | carnivals or fairs. |
13 | (6) The association in any [calendar day] session will |
14 | not award a total of more than [$4,000 in prizes] $10,000 in |
15 | prizes, excluding progressive jackpots. |
16 | (6.1) The association will not conduct a bingo session |
17 | at the same time as any other association on the same |
18 | premises. |
19 | (6.2) The association will not conduct a bingo session |
20 | on the same premises at which more than two other |
21 | associations are conducting bingo sessions on the same |
22 | calendar day. |
23 | (7) The association is a nonprofit association as |
24 | defined in this act. |
25 | (8) The association has complied with the annual |
26 | financial report filing requirements in subsection (d.1)(1). |
27 | (9) The association has complied with the educational |
28 | requirements contained in subsection (d.1)(2). |
29 | (d.1) Additional application components.--As part of the |
30 | application under subsection (d), each association shall comply |
|
1 | with all of the following: |
2 | (1) An association shall file an annual report with the |
3 | licensing authority. The following shall apply: |
4 | (i) The first annual report required under this |
5 | paragraph shall contain information for the 12-month |
6 | period ending at least 60 days, but not more than 90 |
7 | days, prior to the submission of the application. |
8 | Subsequent annual reports shall contain information for |
9 | the most recent 12-month period ending in the same month |
10 | as the initial report. |
11 | (ii) The annual report shall concern the operation |
12 | of bingo games by the association and shall detail gross |
13 | receipts from the conduct of bingo games, the expenses |
14 | related to the conduct of bingo games, the prizes paid |
15 | out for bingo games and the details as to how the |
16 | proceeds from bingo games were used or disbursed by the |
17 | association. |
18 | (iii) The annual report shall be prepared on a one- |
19 | page form to be designed by the department. Additional |
20 | schedules shall be included, if necessary, to provide |
21 | specific details on the use or disbursement of the net |
22 | proceeds from bingo games by the association. |
23 | (2) An association shall provide evidence to the |
24 | licensing authority that bingo games education has been |
25 | completed under this paragraph. The following shall apply: |
26 | (i) Two hours of education shall have been completed |
27 | within the 12-month period immediately preceding the date |
28 | of the application. |
29 | (ii) The education shall have been completed by the |
30 | executive officer, secretary or a responsible person |
|
1 | listed on the association's application for a license. |
2 | The person receiving the training shall be associated |
3 | with the conduct of bingo games by the association. |
4 | (iii) The contents of the education program shall be |
5 | determined by the department and shall be designed to |
6 | assist associations in their compliance with statutory |
7 | and regulatory requirements associated with the conduct |
8 | of bingo games. |
9 | (iv) The education program may be conducted by any |
10 | Statewide nonprofit association approved by the |
11 | department. |
12 | (v) This paragraph shall not apply if the |
13 | association submits an affidavit affirmed by the |
14 | executive officer or secretary of the association that |
15 | the association will not conduct bingo games on 30 or |
16 | more days during the licensing period. |
17 | (e) Limitation on compensation.--No person may be employed |
18 | in the operation or the actual running of a bingo game for |
19 | compensation greater than [$50] $100 per calendar day, except |
20 | employees of outside operators under section 5(c)(10), and any |
21 | person compensated shall be paid individually by check or by |
22 | cash, in which case the payee shall sign a written receipt |
23 | therefor. [In addition, no person shall receive compensation |
24 | from more than one source for services rendered in the operation |
25 | of a bingo game.] |
26 | * * * |
27 | Section 3. The act is amended by adding a section to read: |
28 | Section 5.1. Progressive jackpots. |
29 | (a) Permitted.--An association or associations playing at |
30 | the same premises may deposit a predetermined amount of money |
|
1 | before each licensed bingo session into a special account in |
2 | order to offer a progressive jackpot prize. |
3 | (b) Participating association.--An association may conduct a |
4 | progressive jackpot game which shall be in conjunction with the |
5 | association's regular bingo or bonanza bingo games. |
6 | (c) Contents.--A progressive jackpot shall consist of all |
7 | contributions made by participating associations. |
8 | (d) Method of winning.--A progressive jackpot is won along |
9 | with a regular jackpot prize when a player achieves a win in a |
10 | predetermined number of balls or less. If the win is not |
11 | obtained in the predetermined number of balls or less, the |
12 | association's regular game shall continue. |
13 | (e) Checking account.--A separate checking account shall be |
14 | opened for the progressive jackpot. The following shall apply: |
15 | (1) The account shall be in the name of "Charitable |
16 | Gaming Progressive Jackpot Account," which shall be imprinted |
17 | on all checks. Checks from this account shall require two |
18 | signatures. |
19 | (2) If the associations have contracted with a lessor, |
20 | the lessor shall designate a representative who shall make |
21 | deposits of all funds contributed to the progressive jackpot |
22 | by 10 a.m. on the next banking day and who shall be |
23 | responsible for maintaining the checking account in |
24 | accordance with generally accepted accounting principles. |
25 | (3) Designated representatives of the lessor and each |
26 | participating association shall be authorized signatories on |
27 | the account and shall be in attendance at the location at the |
28 | conclusion of each respective association's progressive |
29 | jackpot game for the purpose of issuing a check bearing |
30 | signatures of the lessor representative and the association |
|
1 | representative from the special account to the winner. If no |
2 | lessor is involved, the association shall have two of its |
3 | representatives at the location to sign and issue a check. |
4 | (4) All banking fees and costs shall be borne by the |
5 | lessor or the association, if no lessor is involved. |
6 | (f) Contribution.--Each participating association shall |
7 | submit a check to the designated lessor representative for the |
8 | predetermined amount prior to the commencement of the |
9 | association's scheduled bingo session made payable to the |
10 | charitable gaming progressive jackpot account. The contribution |
11 | shall be nonrefundable except in the event of premises closure. |
12 | Each predetermined contribution shall constitute part of the |
13 | total amount of prizes awarded during that bingo session. If no |
14 | lessor is involved, the association shall make a check payable |
15 | to its charitable gaming progressive jackpot account. The |
16 | contribution shall be nonrefundable except in the event of |
17 | premises closure. Each predetermined contribution shall |
18 | constitute part of the total amount of prizes awarded during |
19 | that bingo session. The following shall apply: |
20 | (1) The dollar amount of the progressive jackpot shall |
21 | be continuously and conspicuously displayed during all bingo |
22 | sessions conducted by participating associations at the |
23 | premises within view of all patrons purchasing progressive |
24 | jackpot cards. |
25 | (2) All checks written to a charitable gaming |
26 | progressive jackpot account shall be reported as part of the |
27 | bingo reports when requested by the local district attorney's |
28 | office. |
29 | (3) The association involved in the progressive jackpot |
30 | may establish a maximum cap not to exceed the daily limit |
|
1 | under subsection (g). Participating associations may, prior |
2 | to the progressive jackpot being won, raise but may not lower |
3 | the maximum jackpot or cap. The following shall apply: |
4 | (i) In the event that the maximum progressive |
5 | jackpot or cap established is reached, the associations |
6 | may continue to make contributions to the charitable |
7 | gaming progressive jackpot account in order to accumulate |
8 | a second or subsequent jackpot. Once the maximum jackpot |
9 | or cap is reached, the participating associations shall |
10 | not offer any subsequent progressive jackpot prize until |
11 | the time that the first progressive jackpot prize is won. |
12 | (ii) The dollar amount of the maximum jackpot or cap |
13 | as established by the associations shall be continuously |
14 | and conspicuously displayed with the current dollar |
15 | amount of the progressive jackpot. |
16 | (g) Daily limit and increment.--No more than $50,000 in |
17 | prizes shall be awarded from a progressive jackpot in any |
18 | calendar day. No association may participate in more than one |
19 | progressive jackpot in a calendar day. The value of a |
20 | progressive jackpot may not be increased by more than $10,000 a |
21 | day. |
22 | Section 4. Section 7(b) of the act, amended December 15, |
23 | 1982 (P.L.1299, No.293), is amended to read: |
24 | Section 7. Penalty. |
25 | * * * |
26 | (b) Misdemeanor.--Any person who conducts or assists in the |
27 | conducting of bingo in violation of the provisions of this act, |
28 | is guilty of a misdemeanor of the first degree. Any person who |
29 | permits the conduct of bingo on the same premises, owned by him |
30 | or leased to him, [on more than five days in any one week or] by |
|
1 | more than [one association in any calendar day] three |
2 | associations per calendar day or by more than one association at |
3 | the same time, except for bingo being played at an exposition, |
4 | carnival or fair, is guilty of a misdemeanor of the first |
5 | degree. |
6 | Section 5. This act shall apply as follows: |
7 | (1) The addition of section 5(d)(8) and (d.1)(1) of the |
8 | act shall apply to applications filed more than 60 days after |
9 | the effective date of this section. |
10 | (2) The amendment or addition of section 5(d)(9) and |
11 | (d.1)(2) of the act shall apply to applications filed more |
12 | than one year after the effective date of this section. |
13 | Section 6. This act shall take effect in 60 days. |
|
