§ 1113a.1. Possession of video gaming terminals generally.
(a) Except as otherwise provided in this section and 18 Pa.C.S. § 5513 (relating to gambling devices, gambling, etc.), a person may not possess any video gaming terminals in this Commonwealth that may be used for gambling activity.
(b) The following persons and any employee or agent acting on their behalf may possess video gaming terminals in this Commonwealth for the purposes described in this subsection provided that video gaming terminals located outside of a establishment licensee’s facility may not be used for gambling activity:
(1) A terminal operator, for the purpose of maintaining for use, training or operating video gaming terminals in an establishment licensee’s facility.
(2) The holder of a manufacturer license for the purpose of manufacturing, exhibiting, demonstrating, training or preparing for transfer to a supplier licensee or terminal operator.
(3) The holder of a manufacturer or supplier license for the purpose of distributing, repairing, servicing, exhibiting or demonstrating video gaming terminals and any training with regard thereto.
(4) An educational institution for the purpose of teaching video gaming terminals design, operation, repair or servicing.
(5) A manufacturer or supplier of video gaming terminals not licensed in this Commonwealth for the limited purpose of temporary exhibition or demonstration.
(6) A common carrier, for the purpose of transporting video gaming terminals in accordance with § 1113a.2 (relating to transportation of video gaming terminals into, within and out of this Commonwealth).
(7) An employee or agent of the Board, the Department, the Pennsylvania State Police or any law enforcement agency of this Commonwealth for the purpose of fulfilling official duties or responsibilities.
(8) Other persons upon a finding that the possession of video gaming terminals by those persons in this Commonwealth is not contrary to the goals and objectives of 4 Pa.C.S. (relating to amusements).
(c) Persons seeking to possess video gaming terminals under subsection (b)(4), (5) and (8) shall submit a petition to the Board as required under § 493a.4 (relating to petitions generally). The petition to the Board must contain all of the following:
(1) The purpose for having the video gaming terminals.
(2) The proposed location of the video gaming terminals.
(3) The time period for which the video gaming terminals will be kept.
(4) How the video gaming terminals will be secured.
(d) Requests approved by the Board may be subject to specific terms and conditions imposed by the Board.
(e) A person authorized to possess video gaming terminals under subsection (d) who wishes to store the video gaming terminals at a location other than the location specified in subsection (c)(2) shall obtain approval from the Board’s Executive Director prior to storing the video gaming terminals at the other location.
Cross References This section cited in 58 Pa. Code § 1113a.2 (relating to transportation of video gaming terminals into, within and out of this Commonwealth); and 58 Pa. Code § 1113a.5 (relating to video gaming terminal master lists).
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