Subchapter E. PROHIBITED ACTIVITIES/PENALTIES
PROHIBITED ACTIVITIES Sec.
901.501. Advertising.
901.502. Persons.
901.503. Compensation.
901.504. Persons who may conduct games.
901.505. Promotional use of games of chance.
901.506. Credit play.
901.507. Prizes in excess of $500.
901.508. Prizes in excess of $5,000.
901.509. Monthly raffle limit.
901.510. Use of licensed premises by more than one organization.
901.511. Other activities.
901.512. Oral and written leases.
901.513. Gambling facilities prohibited.
PENALTIES
901.531. Eligible organizations.
901.532. Individuals.
901.533. Distributors and manufacturers.
901.534. Rigging.
901.535. Contingent fees.
PROHIBITED ACTIVITIES
§ 901.501. Advertising.
(a) General. An eligible organization or other person may not advertise the prizes or their dollar value to be awarded in games of chance.
(b) Exceptions.
(1) Raffle tickets may identify the raffle prizes.
(2) An eligible organization may advertise prizes and values thereof in periodic publications that are limited in their circulation to members of the eligible organization.
Source The provisions of this § 901.501 amended August 11, 2006, effective August 12, 2006, 36 Pa.B. 4475. Immediately preceding text appears at serial page (265902).
§ 901.502. Persons.
(a) A person having a pecuniary interest in a distributor or manufacturer or operator of games of chance may not have been:
(1) Convicted within 10 years of a violation of the Bingo Law, or of the act or of a gambling-related offense under 18 Pa.C.S. (relating to the Crimes Code) or other comparable State or Federal law.
(2) Convicted of a felony in a state or Federal court within the last 5 years.
(b) A person 17 years of age or younger may not be permitted to operate or play games of chance.
(c) A licensed eligible organization may not permit 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 of a violation of the Bingo Law or the act within the past 10 years to manage, set up, supervise or participate in the operation of games of chance.
Source The provisions of this § 901.502 amended August 11, 2006, effective August 12, 2006, 36 Pa.B. 4475. Immediately preceding text appears at serial page (265902).
§ 901.503. Compensation.
A licensed eligible organization may not pay compensation to a person for conducting games of chance.
Source The provisions of this § 901.503 amended August 11, 2006, effective August 12, 2006, 36 Pa.B. 4475. Immediately preceding text appears at serial page (265903).
§ 901.504. Persons who may conduct games.
Only licensed eligible organizations or auxiliary group managers, officers, directors, bar personnel or bona fide members of the licensed eligible organization may conduct games of chance.
Source The provisions of this § 901.504 amended August 11, 2006, effective August 12, 2006, 36 Pa.B. 4475. Immediately preceding text appears at serial page (265903).
§ 901.505. Promotional use of games of chance.
Games of chance may not be used as a part of promotional or advertising methods.
Source The provisions of this § 901.505 amended August 11, 2006, effective August 12, 2006, 36 Pa.B. 4475. Immediately preceding text appears at serial page (265903).
§ 901.506. Credit play.
(a) Playing of games of chance shall be on a cash basis.
(b) Cash includes checks and money orders but does not include the use of a type of credit or debit card.
(c) The consideration to play a game of chance shall be collected in full, by cash, check or money order, in advance of a play.
(d) Credit play may not be extended to a player.
(e) A licensed eligible organization may not permit the purchase of tickets by means of a deferred payment plan.
(f) Licensed eligible organizations may establish their own policies concerning acceptance of checks. A licensed eligible organization is not required to accept a check.
(g) A licensed eligible organization, manufacturer or distributor may not grant a non de minimis loan or gift to a player, a licensed eligible organization, distributor or manufacturer.
(h) Postdated or altered checks may not be accepted.
(i) On the specific date on which the check was written, a licensed eligible organization may allow a player to buy back a check with cash or return a player’s check to the player as part of a prize payout. Licensed eligible organizations may not unnecessarily delay the bank deposit of a check to accommodate either of these activities.
(j) A licensed eligible organization may not lend or provide the use of gambling funds to a person as a loan.
Source The provisions of this § 901.506 amended August 11, 2006, effective August 12, 2006, 36 Pa.B. 4475. Immediately preceding text appears at serial page (265903).
§ 901.507. Prizes in excess of $500.
A licensed eligible organization may not award an individual prize that exceeds $500 except under a special raffle permit, a daily drawing as provided in § 901.702(e)(1) (relating to prize limits) or a weekly drawing.
Source The provisions of this § 901.507 amended August 11, 2006, effective August 12, 2006, 36 Pa.B. 4475. Immediately preceding text appears at serial page (265903).
§ 901.508. Prizes in excess of $5,000.
A licensed eligible organization may not award a prize that causes the total prizes awarded for an operating week to exceed $5,000 except under a special raffle permit, a daily drawing as provided in § 901.702(e)(1) or (2) (relating to prize limits) or a weekly drawing as provided in § 901.702(f)(2).
Source The provisions of this § 901.508 amended August 11, 2006, effective August 12, 2006, 36 Pa.B. 4475. Immediately preceding text appears at serial page (265903).
§ 901.509. Monthly raffle limit.
A licensed eligible organization may not award a raffle prize that causes the total prizes awarded in raffles to exceed $5,000 for the month except under a special raffle permit.
Source The provisions of this § 901.509 amended August 11, 2006, effective August 12, 2006, 36 Pa.B. 4475. Immediately preceding text appears at serial page (265904).
§ 901.510. Use of licensed premises by more than one organization.
A licensed eligible organization may not permit its premises to be used for games of chance by another licensed eligible organization at the same time that it is conducting games of chance on the premises. When a licensed eligible organization permits another licensed eligible organization to use its premises for purposes of games of chance, it shall cease the operation of its own games of chance during the period that the other licensed eligible organization is conducting its games on the premises.
Source The provisions of this § 901.510 amended August 11, 2006, effective August 12, 2006, 36 Pa.B. 4475. Immediately preceding text appears at serial page (265904).
Cross References This section cited in 61 Pa. Code § 901.704 (relating to licensed premises).
§ 901.511. Other activities.
Other activities that are grounds for revocation, notice of violation, denial or termination of a certificate or license are also prohibited.
Source The provisions of this § 901.511 amended August 11, 2006, effective August 12, 2006, 36 Pa.B. 4475. Immediately preceding text appears at serial page (265904).
§ 901.512. Oral and written leases.
(a) An eligible organization may only lease a location or premises for the operation of games of chance under a written agreement.
(b) An eligible organization may not lease a location or premises for the operation of games of chance under a written agreement that provides for a rental price determined by the amount of receipts realized from the playing of games of chance or by the number of people attending, except that an eligible organization may lease a location or premises for a banquet where a per head charge is applied in connection with the serving of a meal.
Source The provisions of this § 901.512 adopted August 11, 2006, effective August 12, 2006, 36 Pa.B. 4475.
§ 901.513. Gambling facilities prohibited.
(a) A person, corporation, association, partnership or other business entity may not offer for rent or offer for use a building or facility to be used exclusively for conducting of games of chance.
(b) A licensed eligible organization may not lease under any terms a facility or building that is used exclusively for conducting of games of chance.
Source The provisions of this § 901.513 adopted August 11, 2006, effective August 12, 2006, 36 Pa.B. 4475.
Cross References This section cited in 61 Pa. Code § 901.704 (relating to licensed premises).
PENALTIES
§ 901.531. Eligible organizations.
An eligible organization violating the act is guilty of a summary offense, and upon conviction will be sentenced to pay a fine not exceeding $1,000 and shall, for a first offense forfeit its license to conduct games of chance for the remainder of the license term or 6 months, whichever is longer; for a second offense, forfeit its license for the remainder of the license term and be ineligible to be licensed for the following license term; for a third or subsequent offense, forfeit its license and be ineligible for a license renewal for 30 months thereafter.
Source The provisions of this § 901.531 amended August 11, 2006, effective August 12, 2006, 36 Pa.B. 4475. Immediately preceding text appears at serial page (265904).
§ 901.532. Individuals.
A person who conducts, or who assists in the conduct of games of chance in violation of the act is guilty of a summary offense for the first violation, a misdemeanor of the third degree for a second violation and a misdemeanor of the first degree for a third or subsequent violation.
Source The provisions of this § 901.532 amended August 11, 2006, effective August 12, 2006, 36 Pa.B. 4475. Immediately preceding text appears at serial page (265904).
§ 901.533. Distributors and manufacturers.
A person who distributes games of chance without a license or in violation of the act or this part and a manufacturer of games of chance who delivers games of chance for sale or distribution in this Commonwealth who fails to obtain a certificate thereof, is guilty of a misdemeanor of the first degree. A license or certificate is not required for the manufacture or distribution of raffle, daily drawing or weekly drawing tickets.
Source The provisions of this § 901.533 amended August 11, 2006, effective August 12, 2006, 36 Pa.B. 4475. Immediately preceding text appears at serial page (265904).
§ 901.534. Rigging.
A person commits a misdemeanor of the first degree if with intent to prevent a game of chance from being conducted in accordance with the act or the rules and usages governing the game, the person:
(1) Confers, offers or agrees to confer a benefit upon or threatens an injury to a participant or other person associated with the game.
(2) Tampers with a person or games.
(3) Solicits, accepts or agrees to accept a benefit.
§ 901.535. Contingent fees.
A person who distributes, manufactures or operates a game of chance and who requires a payment equal to a percentage of the total winnings of a game for equipment furnished or to play a game commits a misdemeanor of the first degree.
Source The provisions of this § 901.535 amended August 11, 2006, effective August 12, 2006, 36 Pa.B. 4475. Immediately preceding text appears at serial page (265905).
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