Subchapter C. LOCAL OPTION
LOCAL OPTION REQUIREMENT AND LOCAL OPTION REPORTING Sec.
901.301. Local option referendums.
901.302. Referendum petitions.
901.303. Board of elections placement of question.
901.304. Referendum question format.
901.305. Results of the vote and effect of the licensing authority.
901.306. Voting procedures.
901.307. Withdrawal of approval.
901.308. Reporting.
901.309. Public information.
LOCAL OPTION REQUIREMENT AND LOCAL OPTION REPORTING
§ 901.301. Local option referendums.
An election may be held in a municipality on the date of the primary election immediately preceding a municipal election, but not more than once in 4 years, to determine the will of the electors with respect to the issuance of licenses within the limits of the municipality under the act and this part. When an election has been held at the primary election preceding a municipal election in a year, another election may be held at the primary election occurring the 4th year after the prior election.
Cross References This section cited in 61 Pa. Code § 901.307 (relating to withdrawal of approval).
§ 901.302. Referendum petitions.
Electors equal to at least 25% of the highest vote cast for an office in the municipality at the last preceding general election shall file a petition with the county board of elections of the county, or the governing body of the municipality may adopt, by a majority vote, a resolution to place a question on the ballot. A copy of the resolution or petition shall be filed with the board of elections.
Cross References This section cited in 61 Pa. Code § 901.307 (relating to withdrawal of approval).
§ 901.303. Board of elections placement of question.
The county board of elections shall place the question on the ballot and the voting machine for submission at the primary election immediately preceding the municipal election.
Cross References This section cited in 61 Pa. Code § 901.307 (relating to withdrawal of approval).
§ 901.304. Referendum question format.
The question shall be in the following form:
DO YOU FAVOR THE ISSUANCE OF LICENSES TO CONDUCT SMALL GAMES OF CHANCE IN THE
of
?
Cross References This section cited in 61 Pa. Code § 901.307 (relating to withdrawal of approval).
§ 901.305. Results of the vote and effect on the licensing authority.
If a majority of the electors voting on the question vote ‘‘yes,’’ the licenses shall be issued by the licensing authority for the municipality. If a majority of the electors voting on the question vote ‘‘no,’’ the licensing authority has no power to issue or to renew, upon their expiration, licenses for the municipality, until a majority of the voting electors vote ‘‘yes’’ on the question at a later election.
Cross References This section cited in 61 Pa. Code § 901.307 (relating to withdrawal of approval).
§ 901.306. Voting procedures.
Proceedings for the Local Option Referendum shall be under the Pennsylvania Election Code (25 P. S. § § 2600—4051) or the regulations promulgated thereunder.
Cross References This section cited in 61 Pa. Code § 901.307 (relating to withdrawal of approval).
§ 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 eligible organization licenses within the municipality which was granted through a prior referendum.
Source The provisions of this § 901.307 amended August 11, 2006, effective August 12, 2006, 36 Pa.B. 4475. Immediately preceding text appears at serial page (265894).
§ 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 games of chance appears on the ballot.
Source The provisions of this § 901.308 amended August 11, 2006, effective August 12, 2006, 36 Pa.B. 4475. Immediately preceding text appears at serial page (265895).
Cross References This section cited in 61 Pa. Code § 901.307 (relating to withdrawal of approval).
§ 901.309. Public information.
Information supplied with regard to the approval or disapproval of games of chance by local referendum shall be available from the county board of elections and the licensing authority.
Source The provisions of this § 901.309 amended August 11, 2006, effective August 12, 2006, 36 Pa.B. 4475. Immediately preceding text appears at serial page (265895).
Cross References This section cited in 61 Pa. Code § 901.307 (relating to withdrawal of approval).
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