[34 Pa.B. 5563]
[Continued from previous Web Page]
BOARD PROCEDURES § 901.161. Jurisdiction and purpose.
The Board will receive and review petitions [to review Department] challenging the Department's decisions to deny [an initial or renewal application] an application for a manufacturer registration [or licensure] certificate or game of chance approval or a distributor license. The Board will also receive and review petitions from [registrants or licensees who have been notified of the Department's intent to revoke registration or licensure] manufacturers or distributors challenging the Department's revocation of a manufacturer registration certificate, game of chance approval or a distributor license. The Board will provide petitioners with the opportunity for a hearing and will make recommendations to the Secretary regarding petitions.
§ 901.165. Board practice and procedure.
* * * * * (g) Bond. [An applicant,] A registrant or licensee [whose application has been denied or] whose license or registration has been revoked[, suspended or not renewed] due to Commonwealth tax liabilities, and who has been notified of the [denial, nonrenewal or] revocation, shall file a bond in an amount of 120% of the tax and interest with the Department [pending the outcome of] in order for an appeal of [a decision of the Department with regard to registration or licensing] the revocation to stay the revocation [or suspension of the registration or license].
* * * * * § 901.168. Stay of appeal.
(a) Actions to [suspend or] revoke a registration [or], license or game approval will be stayed pending the decision of the Secretary when a petition has been filed with the Board. [, except when the registration or license is immediately suspended for a period not to exceed 30 days because, in the opinion of the Department, one or more of the following has occurred:
(1) The license or registration has been obtained by fraud, trickery, misrepresentation, concealment or through inadvertence or mistake.
(2) The licensee, registrant or other person required to be identified in the application has engaged in an act or practice that would operate as a fraud or deceit upon a person.
(3) The licensee or registrant has failed to comply with the act or this part, after having been previously notified by the Department or its authorized representatives or law enforcement personnel, that a violation had been or was being committed by the licensee, registrant or other person required to be identified on the application.
(4) The licensee or registrant has been convicted of, forfeited bond upon a charge of or pleaded guilty or nolo contendere to one of the following:
(i) Forgery.
(ii) Larceny.
(iii) Extortion.
(iv) Conspiracy to defraud.
(v) Willful failure to make required payments or reports to a governmental agency or filing false reports.
(vi) A crime, whether a felony or a misdemeanor, involving a gambling activity or a felony involving moral turpitude.
(vii) Other similar offenses.]
(b) During the pendency of the appeal, the certificate, game approval or license will be suspended.
[CLUB] ELIGIBLE ORGANIZATION LICENSING § 901.181. [Local rules] (Reserved).
[The licensing authority of the counties of this Commonwealth may adopt local rules regulating club licensing that are not inconsistent with the act. If the licensing authority does not adopt rules, this part is binding.]
§ 901.182. License requirements.
(a) [A club] Eligible organizations. An eligible organization may not conduct or operate [small] games of chance unless the [club] eligible organization obtains and maintains a valid license issued under the act and this part. An eligible organization must be in existence and fulfilling its purposes for 1 year prior to the date of application for a license.
(b) Auxiliary groups.
(1) An auxiliary group may conduct or operate games of chance under its parent organization's license. An auxiliary group may not be licensed separately. Any auxiliary group that conducts games of chance must be listed on the parent organization's license application.
(2) An auxiliary group that conducts games of chance under its parent organization's license acts in lieu of the eligible organization and is bound by the restrictions and limitations of the eligible organization and its license under the act and this part. Prizes from games of chance conducted by an auxiliary group must be included in the total prizes paid out by the licensed eligible organization for purposes of determining the licensed eligible organization's adherence to the prize limits under the act and this part.
(3) A licensing authority may not charge an additional licensing fee for an auxiliary group's right to conduct games of chance under its parent eligible organization's license.
§ 901.183. Filing.
License applications shall be filed with the licensing authority in the county where the [club is physically located] eligible organization maintains its normal business or operating site that will be used as its licensed premises. When an eligible organization does not own or lease a location to conduct its normal business, the organization shall file its application with the licensing authority in the county where the eligible organization maintains its licensed premises.
§ 901.184. [Licensee] License fee.
The annual license fee is $100. The fee for a limited occasion license is $10.
§ 901.185. [Annual renewal] License term and annual applications.
(a) [The] A license is valid [through the succeeding June 30] for 1 year from its date of issuance.
(b) [Applications for renewal should be received at least] A licensed eligible organization should apply for a license 30 days prior to the expiration date of [the] its existing license to ensure that its licensure will not be interrupted.
§ 901.186. Display.
[The license issued shall be publicly displayed at all times on the premises of the club.] The licensed eligible organization shall at all times publicly display its license at the site where it conducts games of chance.
§ 901.188. Location.
(a) A license issued under [this section and] §§ 901.181--901.187, this section and [901.189--901.194] 901.189--901.196 will be valid at [only one location in the county which issued the license] and authorize the holder to conduct games of chance on the organization's licensed premises as provided in § 901.704 (relating to licensed premises).
(b) A licensed eligible organization may conduct games of chance at a location off its premises when such games of chance are part of an annual carnival, fair, picnic or banquet held or participated in by that eligible organization on a historical basis. The organization shall notify, in writing, the district attorney and licensing authority of the location, date and times of such events.
(c) A license issued in one county will be valid for purposes of [conducting a raffle in another county if the transactions occur] selling raffle tickets in municipalities of another county which have specifically approved [small] games of chance [and other provisions of this part and the act are met] by an affirmative vote in a municipal referendum. A licensed eligible organization that plans to sell raffle tickets in a municipality located in a county other than the county in which it is licensed shall notify that county's district attorney and licensing authority as to the location and the dates that the organization plans to sell raffle tickets.
§ 901.189. Transfer.
[The transfer or assignment of licenses between locations and clubs] A licensed eligible organization is prohibited from transferring or assigning its license.
§ 901.190. Joint license prohibition.
[A joint license for the holding, operating and conducting of a game of chance will not be issued to two or more clubs.] A licensing authority may not issue a joint license to two or more eligible organizations. An auxiliary group may operate under its parent organization's license, but may not hold a license of its own.
§ 901.191. License application form.
The license application form shall contain, at a minimum, the following information:
* * * * * (2) The type of [the] organization.
* * * * * (5) The name of the municipality where the applicant will maintain its licensed premises.
(6) [The place of conduct for games of chance.] The eligible organization's licensed premises.
(7) The [dates and hours the club normally operates for its members] eligible organization's operating day and week.
* * * * * (11) The names and addresses of persons who will be responsible for the operation of games of chance, including [club employes] eligible organization employees, bar personnel, auxiliary group members and other persons who will obtain the games of chance and coordinate their use.
(12) A statement under oath in the form of an affidavit, affirmed by the executive officer or secretary of the [club] eligible organization, stating the following:
(i) A person 17 years of age or younger[, or in the case of a club holding a liquor license, 20 years of age or younger,] will not be permitted by the [club] eligible organization to operate or play games of chance.
* * * * * (iii) The [club] eligible organization is the owner of the premises upon which the games of chance are played or, if it is not, the [club] eligible organization is not leasing the premises from the owner thereof under an oral agreement, nor is it leasing the 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, excepting the lease of a facility for a banquet where a per head charge is applied in connection with the serving of a meal.
(13) A copy of a corporate applicant articles of incorporation and bylaws; or, if not a corporation, a copy of bylaws and other documents which set out the organizational [structural] structure and purpose [of the organization].
(14) A copy of a nonprofit charitable applicant's Internal Revenue Service tax exemption letter if one has been obtained and a copy of other documents indicating the [club] eligible organization is a nonprofit charitable organization.
(15) The details and copies of the lease [or] , rental or other arrangements[,] between the applicant and the owner of the premises upon which the [gambling activity] games of chance will be conducted, if the premises are not owned by the [club] eligible organization.
(16) The names, addresses, dates of birth and the [social security] Social Security numbers of each paid [employe] employee, auxiliary group member or agent who will be involved with the activities for which the license is sought.
* * * * * (18) [A] The type of license applied for and a list of all types of games of chance to be operated by the [club] eligible organization.
(19) A list of distributors of games of chance with whom the [club] eligible organization does business.
(20) A list of the eligible organization's auxiliary groups that will operate games of chance under the eligible organization's license.
§ 901.192. Denial [of application, revocation, suspension and refusal to renew club licenses] suspension and revocation of an eligible organization license.
[(a) The licensing authority shall revoke or refuse to renew the license of a club whenever the district attorney finds upon complaint and investigation that one of the following exists:
(1) The funds derived from the operation of games of chance are used for a purpose other than for legitimate club purposes or for the purchase of games of chance.
(2) A person 17 years of age or younger, or in the case of a club holding a liquor license, 20 years of age or younger, is operating or playing games of chance.
(3) The club has permitted a person who has been convicted of a felony or a violation of the Bingo Law, or the act to manage, set up, supervise or participate in the operation of games of chance.
(4) The facility in which the games of chance are played does not have adequate means of ingress and egress and does not have adequate sanitary facilities available in the area.
(5) A person other than a manager, officer, director, bar personnel or a bona fide member of the club has been involved in managing, setting up, operating or running games of chance.
(6) A person has received compensation for conducting games of chance.
(7) A prize has been awarded in excess of the limits prescribed by the act.
(8) The club has violated a condition of a special permit.
(9) The club conducts the games of chance upon premises which it does not own or lease in accordance with the restrictions of the act or this part and is leasing the premises from the owner thereof under one of the following:
(i) An oral agreement.
(ii) A written agreement at a rental which is determined by the amount of receipts realized from the playing of games.
(10) False or erroneous information was provided in the original application.
(11) The club has been convicted of a violation of the act.
(12) The club has permitted another club to use its licensed premises for the conduct of games of chance.
(13) A club has conducted more than one raffle in a calendar month.
(b) The licensing authority shall revoke, or refuse to renew the license of a club whenever the licensing authority, its designee or a law enforcement official finds upon complaint and investigation that:
(1) The funds derived from the operation of games of chance are used for a purpose other than for legitimate club purposes or for the purchase of games of chance as permitted by the act.
(2) A person 17 years of age or younger, or in the case of a club holding a liquor license, a person 20 years of age or younger, is operating or playing games of chance as defined in the act.
(3) The club has permitted a person who has been convicted of a felony or a violation of the Bingo Law or the act to manage, set up, supervise or participate in the operation of games of chance.
(4) The facility in which the games of chance are played does not have adequate means of ingress and egress and does not have adequate sanitary facilities available in the area.
(5) A person other than a manager, officer, director, bar personnel or a bona fide member of the club has been involved in managing, setting up, operating or running games of chance.
(6) A person has received compensation for conducting games of chance.
(7) A prize has been awarded in excess of the limits prescribed by the act.
(8) The club has violated a condition of a special permit.
(9) The club conducts the games of chance upon premises which it does not own or lease in accordance with the restrictions of the act or this part and is leasing the premises from the owner thereof under one of the following:
(i) An oral agreement.
(ii) A written agreement at a rental which is determined by the amount of receipts realized from the playing of games.
(10) False or erroneous information was provided in the original application.
(11) The club has been convicted of a violation of the act.
(12) The club has permitted another club to use its licensed premises for the conducting of games of chance.
(13) A club has conducted more than one raffle in a calendar month.
(c) The licensing authority shall sanction by suspending or revoking a license or refusing to renew the license of a club whenever the licensing authority, its designee or a law enforcement official finds upon complaint and investigation that the club or a party in interest in the license application, or a holder of the license:
(1) Has failed to comply with the act or subsection (a) or (b).
(2) Has obtained a license by fraud, misrepresentation, concealment or through inadvertence or mistake.
(3) Has submitted a license application containing false information.
(4) Has been convicted or, forfeited bond upon a charge of or plead guilty or nolo contendere to one of the following:
(i) Forgery.
(ii) Larceny.
(iii) Extortion.
(iv) Conspiracy to defraud.
(v) Willful failure to make required payments or reports to a governmental agency.
(vi) Filing of false reports.
(vii) A crime, whether a felony or misdemeanor, involving gambling activity or a felony involving moral turpitude.
(viii) Other similar offenses.
(5) Has refused to permit an inspection of its records or premises under one of the following:
(i) Section 901.28 (relating to inspection of premises).
(ii) A search warrant.
(iii) A court order.
(6) Has failed to display its license on the premises where the licensed activity is conducted at all times during the operation of the licensed activity.
(7) Has made a misrepresentation of, or fails to disclose, a material fact to the licensing authority, law enforcement officials or the Department.
(8) Has failed to provide the licensing authority information required under the county's rules within a written request by the county, or within the time specified by the county rule.
(9) Has allowed a person who has been convicted of or forfeited bond upon one or more of the offenses listed in this subsection to participate in the management or operation of an activity regulated by the act or this part without prior written approval of the Department or the licensing authority.
(10) Has purchased games of chance from a distributor who is not currently licensed by the Department.
(d) The licensing authority shall deny the application of a club for licensure whenever the licensing authority, district attorney or other law enforcement official finds upon complaint and investigation that the club, the applicant or a party in interest in a license application, or holder of the license has committed one or more of the offenses described in subsection (a), (b) or (c).]
(a) Denial. A licensing authority may deny an eligible organization's application when the licensing authority determines that the eligible organization has violated the act or this part.
(b) Suspension. A licensing authority may suspend an eligible organization's license when the licensing authority determines that the eligible organization has violated the act or this part, the violation has not substantially harmed the public and the violation can be timely remedied.
(c) Revocation and denial.
(1) A licensing authority may revoke an eligible organization's license when the licensing authority determines that all of the following have occurred:
(i) The eligible organization has violated the act or this part.
(ii) The violation has substantially harmed the public.
(iii) The violation cannot be remedied by the eligible organization.
(2) A licensing authority shall revoke the license of an eligible organization when the eligible organization has not remedied a violation for which a suspension is issued within the suspension period.
(3) A licensing authority shall revoke or deny the license of an eligible organization when the district attorney finds upon complaint and investigation that:
(i) The funds derived from the operation of games of chance are used for a purpose other than for public interest purposes or for the purchase of games of chance as permitted by the act.
(ii) A person 17 years of age or younger is operating or playing games of chance as defined in the act.
(iii) The eligible organization has permitted a person who has been convicted of a felony in a Federal or State court within the past 5 years or has been convicted in a Federal or State court within the past 10 years of a violation of the Bingo Law or the act, to manage, set up, supervise or participate in the operation of games of chance.
(iv) The facility in which the games of chance are played does not have adequate means of ingress and egress and does not have adequate sanitary facilities available in the area.
(v) A person other than a manager, officer, director, bar personnel or a bona fide member of the eligible organization has been involved in managing, setting up, operating or running games of chance.
(vi) A person has received compensation for conducting games of chance.
(vii) A prize has been awarded in excess of the limits prescribed by the act.
(viii) The eligible organization has violated a condition of a special raffle permit.
(ix) The eligible organization conducts games of chance on a leased premises under an oral agreement, or on a leased premises under a written agreement at a rental which is determined by the amount of receipts realized from the playing of games.
(x) False or erroneous information was provided in the original application.
(xi) The eligible organization has been convicted of a violation of the act.
(xii) The eligible organization has permitted another eligible organization to conduct games of chance on its licensed premises without suspending its own operation of games of chance during the period that the other licensed eligible organization is conducting games of chance on the premises.
§ 901.194. Change of personnel.
[Additions] An eligible organization shall report the addition or [deletions] deletion of an [employe] employee, officer or other person engaged in the operation of the [club] licensed eligible organization or games of chance, or both, or a change in management or directorship, and the like, [shall be reported in writing] to the licensing authority [on November 15] within 15 days of the addition or deletion.
§ 901.195. Types of licenses.
Two types of licenses are available. An eligible organization may only hold one type of license at a time. The types of licenses are as follows:
(1) Games of chance license. A games of chance license authorizes the licensee to conduct games of chance as prescribed by the act and this part during the eligible organization's licensing term. A licensee is eligible to apply for special raffle permits.
(2) Limited occasion license. A limited occasion license authorizes the licensee to conduct games of chance on a limited basis as provided in § 901.196 (relating to limited occasion license requirements, limits and restrictions).
§ 901.196. Limited occasion license requirements, limits and restrictions.
(a) Organizations that do not own or lease a premises or do not have a specific location at which they conduct their normal business are only eligible for a limited occasion license.
(b) Limited occasion licensees are not eligible for the following:
(1) Special raffle permits.
(2) A games of chance license.
(c) Limited occasion licensees may conduct games of chance on no more than three occasions over a period of no more than 7 days during the license term.
(d) No more than two raffles may be conducted under a limited occasion license.
(e) The fee for a limited occasion license is $10.
(f) The licensee shall provide 10 days prior written notice of its intent to conduct games of chance under its license to the licensing authority that issued its license.
§ 901.197. Change of application information.
An eligible organization shall report any changes to the information supplied in its license application to the licensing authority within 15 days of the change.
COUNTY LICENSING AUTHORITY PROCEDURES § 901.211. [Local rules] (Reserved).
[The licensing authority of the counties of this Commonwealth may adopt local rules regulating their procedures consistent with the act. If the licensing authority does not adopt rules, this section and §§ 901.212--901.219 are binding.]
§ 901.212. General provisions.
(a) Scope. This section and §§ 901.211 and 901.213--901.219 govern practice and procedure before the licensing authority except as otherwise provided in this part. The provisions of 2 Pa.C.S. §§ [501--508 and 701--704] 551--555 and 751--754 (relating to the [Administrative Agency Law] Local Agency Law) do not apply to practice and procedure before the licensing authority to the extent that those provisions are inconsistent with this section and §§ 901.211 and 901.213--901.219.
(b) Construction of rules. This section and §§ 901.211 and 901.213--901.219 will be liberally construed to aid the efficient operation of the licensing authority and the orderly administration of the act and this part.
§ 901.213. Actions with respect to [club] eligible organization licenses and applications.
(a) The licensing authority shall approve or deny license applications within [60] 30 days of their receipt unless the applicant is notified in writing of the specific reason for the delay. If the applicant requests in writing, the delayed application will be denied and may be immediately appealed. Applications are considered to be received when they arrive at the licensing authority as evidenced by the date stamp placed on the application.
(b) The licensing authority shall determine whether an applicant is eligible for a license under the act and this part and notify the applicant in writing of its determination.
(1) If the application is approved, the licensing authority shall send the license and notice of approval [shall be sent] to the applicant along with an up-to-date listing of all municipalities within the licensing county that have approved games of chance by referendum.
(2) If the application is denied, the licensing authority shall give notice, in writing, of the denial as set forth in § 901.214[(d)](b) (relating to procedure for denial, suspension[,] or revocation [or refusal to renew club] of eligible organization licenses).
(c) If [a club] an eligible organization's license is suspended or revoked by the licensing authority, the licensing authority will give notice to the [club] eligible organization in writing of its determination as provided in § 901.214[(d)](b).
(d) If an appeal is not taken from a denial or from a revocation within the time prescribed in this chapter, the decision of the licensing authority will become final.
§ 901.214. Procedure for denial, suspension[,] or revocation [or refusal to renew club] of eligible organization licenses.
(a) Commencement of action. [An action to suspend or revoke a club license shall be commenced] A licensing authority may deny an eligible organization's application or suspend or revoke an eligible organization's license following a finding of grounds under § 901.192 (relating to denial of [application, revocation, suspension and refusal to renew club licenses], suspension and revocation of eligible organization licenses).
(b) [Investigations.
(1) The licensing authority, its designee, district attorney or other law enforcement officials shall investigate a complaint against a club.
(2) Complaints may be made by the licensing authority, the Department, district attorney, other law enforcement officials or by any person. If possible, complaints shall be in writing and shall identify the complainant. Evidence supplied by the complainant shall be attached to the written complaint.
(3) The licensing authority may request information on complaints received by the district attorney, other law enforcement officials or the Department involving a club.
(4) With respect to a club, the licensing authority may request information on an ongoing investigation conducted by the district attorney, other law enforcement officials or the Department.
(5) The district attorney, the Department or other law enforcement official will notify timely the licensing authority upon a finding that a violation of the act or this part has occurred and provide the licensing authority with a copy of the findings involving a club.
(6) The Department may request information on complaints prior to conducting an investigation. If a complaint is made to the district attorney, licensing authority or other law enforcement officials concerning misconduct by a manufacturer or distributor, the Department will not interfere with an investigation conducted as a result of these complaints.
(7) The district attorney, licensing authority or other law enforcement officials shall timely notify the Department upon a finding that a violation of the act or this part has occurred, and shall provide the Department with a copy of the findings involving a distributor or manufacturer.
(c) Licensing authority determination. The licensing authority shall review the report of each investigation and, based upon the findings, determine whether a club license will be suspended or revoked.
(d) Notice to licensee:
(1) Upon the determination of the licensing authority that a club license will be suspended or revoked, the licensing authority shall notify the club in writing of its determination.
(2) Upon the determination of the licensing authority that a club license application will be denied or not be renewed, the licensing authority shall notify the club in writing of its determination.
(3) The notice will set forth:
(i) The action being taken by the licensing authority.
(ii) The reason for the action.
(iii) A notice to the licensee or applicant of the opportunity to appeal the determination and to have a hearing prior to final action by the licensing authority, except as provided in subsection (e).
(4) Notice shall be received at least 15 days prior to the date the action takes effect except as provided in subsection (e).]
Notice.
(1) A licensing authority shall provide written notice to an eligible organization of its denial of the eligible organization's license application or the suspension or revocation of the eligible organization's license.
(2) The notice must provide:
(i) The date of the notice.
(ii) The action taken by the licensing authority.
(iii) The reason for the action.
(iv) The licensee or applicant's appeal rights.
(3) The licensing authority will serve the notice by certified or first-class mail.
(c) Suspension.
(1) A suspension of an eligible organization's license is issued for violations of the act and this part that have not substantially harmed the public and can be timely remedied.
(2) A suspension period may not exceed 30 days, unless the eligible organization requests an extension, in writing, and the licensing authority approves the extension.
(3) The licensing authority will lift a suspension when the eligible organization has demonstrated compliance.
(4) If the licensing authority determines that the eligible organization is still in violation of the act or this part by the end of the suspension period, the licensing authority will revoke the eligible organization's license.
(5) There is no right to appeal a suspension.
[(e) Licenses temporarily suspended pending a hearing. The licensing authority may temporarily suspend a club license issued under this part pending a hearing upon suspension or revocation of the license or a renewal thereof, for a period not to exceed 30 days, when, in the opinion of the licensing authority:
(1) The licensee has obtained the license by fraud, trick, misrepresentation, concealment or through inadvertence or a mistake.
(2) The licensee has engaged in an act, practice or course of operation which would operate as a fraud or deceit upon a person, or has employed a device, scheme or artifice to defraud a person.
(3) The licensee has failed to comply with the act or this part, after having been previously notified by the licensing authority, its authorized representatives or local law enforcement personnel that a violation of the same or similar provisions had been or were being committed by the licensee.
(4) Immediate cessation of licensed activities by the licensee is necessary for the protection or preservation of the welfare of the community within which these activities are being conducted.]
(d) Effect of appeal. Actions of the licensing authority to revoke an eligible organization's license will be stayed pending the decision of the licensing authority on the appeal. During the pendency of the appeal, the eligible organization's license shall be suspended.
§ 901.215. Appeals.
(a) Generally. [An appeal by an applicant or licensee] An applicant or licensee's appeal from a licensing authority determination[,] shall be addressed to the licensing authority at the office of the licensing authority unless the notice of determination specifically directs otherwise. The person filing the appeal on behalf of the applicant or licensee shall state his name, address and the party he represents.
(b) Timely appeal required. An appeal required or permitted to be filed under this part shall be received for filing at the office of the licensing authority within 30 days of receipt of notice by the [club] eligible organization. The date of receipt at the office of the licensing authority, and not the date of deposit in the mail, is the filing date for purposes of this section.
(c) Form and content of appeal. An appeal shall be in writing, signed by [a club] an eligible organization's officer or authorized representative, and shall contain:
* * * * * (2) The name and address of the [club] eligible organization's officer or authorized representative, if any.
* * * * * § 901.216. Representation before licensing authority.
(a) Representation, generally. A bona fide member of [a club] an eligible organization may represent the applicant or licensee. The licensing authority or its designee may represent the licensing authority in presenting submittal to a licensing authority.
* * * * * (c) Notice of appearance.
(1) If an officer or member of an applicant or licensee appears on behalf of the applicant or licensee before a licensing authority in a proceeding involving a hearing or an opportunity for hearing, the officer or member shall file with the licensing authority an address at which a notice or other written communication required to be served upon the [club] eligible organization may be sent.
* * * * * § 901.219. Decisions.
(a) Review. Upon the close of a hearing, the licensing authority shall review evidence and testimony presented along with relevant documents and render a written decision. The decision concerning the [club] eligible organization's license or application will be served upon the parties in the manner consistent with §§ 901.211--901.218 and this section.
* * * * *
Subchapter C. LOCAL OPTION
LOCAL OPTION REQUIREMENT AND LOCAL OPTION REPORTING § 901.307. Withdrawal of approval.
The referendum procedures contained in §§ 901.301--901.306, this section, 901.308 and 901.309 shall also be available to withdraw the approval of the issuance of [club] eligible organization licenses within the municipality which was granted through a prior referendum.
§ 901.308. Reporting.
A county board of elections shall certify to the Department the question and the results no later than 40 days following the primary election on which a referendum question relating to [small] games of chance appears on the ballot.
§ 901.309. Public information.
Information supplied with regard to the approval or disapproval of [small] games of chance by local referendum shall be available from the county board of elections and the licensing authority.
Subchapter D. RECORDKEEPING
COUNTY RECORDS AND REPORTS § 901.401. Application register.
The licensing authority [shall] will keep a register or list of [club] eligible organization applications filed, containing the following:
* * * * * (11) The type of license for which each organization applied.
§ 901.402. Docket.
The licensing authority [shall] will also keep and maintain a docket with a separate sheet for each licensee on which it shall enter the following:
* * * * * (2) The special raffle permit number of special raffle permits issued to each license.
(3) The date on which special raffle permits were issued.
* * * * * (5) The type of license granted.
§ 901.403. Special raffle permit docket.
The licensing authority [shall] will keep and maintain a docket in which the following shall be entered:
(1) The serial number of the special raffle permits issued.
(2) The date the special raffle permits were issued.
(3) The dates the special raffle permit is valid.
(4) The name of the [club] licensed eligible organization to which the special raffle permit was issued.
(5) The [small] games of chance license number of the [club] licensed eligible organization being issued the special raffle permit.
(6) [The date the special permit was returned to the licensing authority.
(7)] The maximum cash value of prizes to be awarded under each special raffle permit.
§ 901.404. [Violation report] (Reserved).
[The licensing authority shall provide the Department with a list of licensed clubs, distributors, registered manufacturers and other persons who are under investigation, charged with or found guilty of violations of the act, the Bingo Law or other gambling related offenses under 18 Pa.C.S. (relating to the Crimes Code) or other comparable state or Federal law. This list shall be provided in writing on or before November 15 of each year.]
§ 901.405. List of licensed [clubs] eligible organizations.
The licensing authority [shall] will send a list of licensees to the Department on or before January 15 and July 15 of each year. Upon request, the licensing authority [shall] will provide the Department with a copy of [the club's] an eligible organization's license. The list shall identify the [club] eligible organization, its full address [and], its license number, type of license and any special raffle permit serial number.
§ 901.406. Other records and reports.
[Other] The licensing authority will keep and maintain other records and reports the licensing authority deems reasonable and necessary or are required by this part.
§ 901.407. List of municipalities.
(a) The licensing authority will keep and maintain an up-to-date list of those municipalities within the licensing authority's county that permit games of chance.
(b) The licensing authority will give a copy of the list to every eligible organization at the time of licensure.
(c) The licensing authority will make the list available to licensed eligible organizations who provide notice to the licensing authority of raffle sales within the licensing authority's county.
(d) Any time the list is updated, the licensing authority will submit a copy of the list to the Department within 30 days of the update.
MANUFACTURING RECORDS AND REPORTS § 901.421. Distributor license copy.
A manufacturer shall maintain a copy of the valid [small] games of chance license of each distributor to which it sells or otherwise furnishes games of chance.
§ 901.423. Annual records.
A registered manufacturer shall keep and maintain permanent annual records of the activities related to [small] games of chance.
§ 901.425. Records.
A record shall include the following:
(1) Sales invoices. A manufacturer shall record every sale, return or other type of transfer of [small] games of chance by completing a sales invoice or credit memo. An invoice [shall] must be prenumbered at the time of purchase. The numbering [shall] must be consecutive, using [not less than] at least four digits. Manufacturers may use a computer generated numbering system if the same system is used for all sales and specific numbers cannot be input by use of a manual terminal or other device. The invoice [shall] must contain the following information:
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DISTRIBUTOR RECORDS AND REPORTS § 901.441. License of purchaser.
A distributor shall keep a copy of the valid [small] games of chance license of each [club] eligible organization to which it sells or otherwise furnishes games of chance.
§ 901.443. Annual records.
A licensed distributor shall keep and maintain permanent annual records of its activities related to [small] games of chance.
§ 901.445. Records.
A record shall include the following:
(1) Sales invoices. A distributor shall record every sale, return or other type of transfer of [small] games of chance by completing a standard sales invoice or credit memo. An invoice [shall] must be prenumbered at the time of purchase. The numbering [shall] must be consecutive using at least four digits. The invoice [shall] must contain the following information:
* * * * * (iii) The [purchasing club] name, address and license number of the licensed organization.
* * * * * (vi) The gross amount of each sale to each [club] licensed eligible organization, including all discount terms and the total dollar amount of any discount.
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[CLUB] LICENSED ELIGIBLE ORGANIZATION RECORDS § 901.461. Annual records.
[A club] An eligible organization licensed to conduct [small] games of chance shall keep and maintain permanent annual records of the activities related to [small] games of chance with separate totals of activity under the license for each [7-day period] operating week.
§ 901.462. General records required.
A record shall include the following:
(1) The gross receipts from the conduct of [small] games of chance.
(2) The full details of the expenses related to the conduct of [small] games of chance.
(3) The total cost of the prizes paid out for [small] games of chance.
(4) The details as to how the proceeds from [small] games of chance were used or disbursed by the [club] eligible organization.
§ 901.464. Punchboard and pull-tab records.
Detailed annual records for the operation of punchboards and pull-tabs, [including] must include the following:
* * * * * (7) The cost to the [club] eligible organization of the prizes paid, including cash and merchandise.
* * * * * (9) A list of winners' names and addresses for prizes in excess of $100.
§ 901.464a. Daily and weekly drawing records.
A licensed eligible organization shall maintain the following records and information with regard to each daily or weekly drawing:
(1) A type of drawing (daily or weekly).
(2) The operating day or operating week as applicable during which chances were sold and the date of the drawing.
(3) The list of entrants in the drawing.
(4) Each entrant's assigned or chosen number.
(5) The cost per chance.
(6) The proceeds from the sale of chances and the prize payout percentage.
(7) The winner's name.
(8) The prize paid to the winner.
(9) The winner's name and address for a prize over $100.
(10) The winner's signed acknowledgment for receipt of the prize.
(11) A notation if the drawing is a carryover, and the amount of the jackpot being carried over to the next drawing.
§ 901.465. Cash over and short.
Cash over and short [shall] must be determined by:
(1) Subtracting actual cash from net receipts for [small] games of chance paying cash prizes.
(2) Subtracting actual cash from gross receipts for [small] games of chance which award merchandise prizes.
§ 901.466. Prize records.
A separate annual record shall be kept which may be easily cross-referenced to the other required records and which identifies the following:
* * * * * (2) The total amount of prizes awarded [in each 7-day period] per operating week.
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