61 Pa. Code Ch. 901 — Local Option Small Games of Chance

DEFINITIONS § 901.1. Definitions. The following words and terms, when used in this part, have the following meanings, unless the context clearly indicates otherwise: Act—The Local Option Small Games of Chance Act (10 P. S. § § 311—327). Applicant—A person who prepares and files a…

MANUFACTURER REGISTRATION § 901.101. Manufacturer registration and game approval required. (a) A person shall be registered with the Department and possess a manufacturer’s registration certificate to sell or otherwise furnish games of chance to licensed distributors within this …

§ 901.102. Registration and game approval forms. (a) A person seeking a manufacturer registration certificate shall submit to the Department an application form as prescribed by the Department. (b) A person seeking an approval of a game of chance shall submit the application for …

§ 901.103. Manufacturer registration application form contents. An application for registration as a manufacturer of games of chance shall contain at a minimum the following information: (1) The name of the manufacturer, including a copy of the Fictitious Name Registration Form, …

§ 901.103a. Change of application information. A manufacturer shall report any changes to the information supplied in its application to the Department within 15 days of the change. Source The provisions of this § 901.103a adopted August 11, 2006, effective August 12, 2006, 36 Pa…

§ 901.104. Waiver of confidentiality. By filing an application for the grant of a manufacturer registration certificate, the applicant waives confidentiality with respect to Commonwealth tax information in the possession of the Department, the Office of Attorney General or the De…

§ 901.105. Registration fee. The annual registration fee is $2,000 and shall accompany the original registration application and every renewal application. An application processing fee of $100 will be retained by the Department if registration is denied and the remaining $1,900 …

§ 901.106. Registration term. A registration term begins on April 1 and ends on March 31 of the succeeding year. A certificate issued during a registration term is only valid from the date of issuance to the end of the registration term. Source The provisions of this § 901.106 am…

§ 901.107. Annual applications. A registered manufacturer shall file an application for a certificate at least 60 days prior to the expiration date of its existing certificate to ensure that the Department will act on its application prior to the expiration of its current certifi…

§ 901.108. Registration number. The Department will assign a registration number and issue a certificate to each manufacturer that it approves for registration. The registered manufacturer shall place the registration number on all documents used in any transactions under the act…

§ 901.109. Certificate. The certificate issued must be maintained on the manufacturer’s premises and available for inspection upon request. Source The provisions of this § 901.109 amended August 11, 2006, effective August 12, 2006, 36 Pa.B. 4475. Immediately preceding text appear…

§ 901.110. Duplicate certificate. If a certificate is defaced, destroyed or lost, the Department may issue a duplicate to the holder of the certificate upon submission of a duplicate application form. A $100 fee will be charged for the duplicate certificate. Source The provisions…

§ 901.111. Transfer. A manufacturer is prohibited from transferring or assigning its certificate. Source The provisions of this § 901.111 amended August 11, 2006, effective August 12, 2006, 36 Pa.B. 4475. Immediately preceding text appears at serial page (265866). Cross Reference…

§ 901.113. Representatives of manufacturer. A representative of a manufacturer acts as an agent of the manufacturer in activities conducted under the manufacturer’s registration certificate. Source The provisions of this § 901.113 amended August 11, 2006, effective August 12, 200…

§ 901.114. Dissolutions, terminations, mergers and bankruptcies. (a) A manufacturer shall notify the Department in writing within 10 days of one or more of the following actions on the part of the manufacturer: (1) The filing with the Department of State of a certificate of elect…

§ 901.115. Change of address. A manufacturer shall notify the Department, in writing, 10 days before a change of address. Cross References This section cited in 61 Pa. Code § 901.119 (relating to raffle, daily drawing and weekly drawing ticket manufacturers).

§ 901.116. Change in ownership or personnel. The manufacturer shall make a written report to the Department of changes of responsible persons engaged in the business of the manufacturer. This report shall also include a change in the management, ownership, directorship or equity …

§ 901.117. Denial, notice of violation and revocation. (a) Manufacturer registration certificate. The Department may deny an application for a certificate, issue a notice of violation or revoke a certificate if the manufacturer or a person required to be identified in the applica…

§ 901.117a. Registration following revocation. Unless otherwise provided by the act or this part: (1) A manufacturer whose certificate is revoked is ineligible to apply for and receive another certificate for the remaining registration term or 6 months, whichever is longer. (2) F…

§ 901.118. Registration decision time limit. The Department will approve or deny applications within 60 days of their receipt unless the applicant is notified in writing of the specific reason for the delay. If the applicant requests a denial in writing, the delayed application w…

§ 901.119. Raffle, daily drawing and weekly drawing ticket manufacturers. This section and § § 901.101—901.111 and 901.113—901.118 do not apply to the manufacturers who only produce and sell raffle, daily drawing and weekly drawing tickets. Source The provisions of this § 901.119…

DISTRIBUTOR LICENSING § 901.131. Distributor license requirement. A person shall be licensed by the Department and possess a license to sell, offer for sale or otherwise furnish games of chance to licensed eligible organizations in this Commonwealth. Source The provisions of this…

§ 901.132. License application form. For a distributor to obtain a license to sell games of chance in this Commonwealth, the distributor shall submit a license application to the Department in the form prescribed by the Department. The application form shall be completed in full …

§ 901.133. Distributor license application form contents. The application form must include the following: (1) The name of the distributor, including a copy of the Fictitious Name Registration, Department of State Registry Statement or similar registry statement. (2) The address …

§ 901.133a. Change of application information. A distributor shall report any changes to the information supplied in its application to the Department within 15 days of the change. Source The provisions of this § 901.133a adopted August 11, 2006, effective August 12, 2006, 36 Pa.…

§ 901.134. Waiver of confidentiality. An applicant for the grant or renewal of a distributor license by the filing of an application insofar as it relates to the Department, waives confidentiality with respect to Commonwealth tax information in the possession of the Department, t…

§ 901.135. License fee. The annual license fee is $1,000 and shall accompany the license application and every renewal application. An application processing fee of $100 will be retained by the Department if the license is denied and the remaining $900 will be returned to the app…

§ 901.136. License term. A license term begins on June 1 and ends on May 31 of the succeeding year. A license issued during a license term is only valid from the date of issuance to the end of the license term. Source The provisions of this § 901.136 amended August 11, 2006, effe…

§ 901.137. Annual application. A licensed distributor shall file an application for a license at least 60 days prior to the expiration date of its existing license to ensure that the Department will act on its application prior to the expiration of its existing license. Source Th…

§ 901.138. License number. The Department will assign a license number and issue a license to each distributor it approves for licensure. A licensed distributor shall place its business name and license number on all documents used in any transaction under this part. Source The p…

§ 901.139. License. The license shall be conspicuously displayed at all times at the place of business of the person licensed. Source The provisions of this § 901.139 amended August 11, 2006, effective August 12, 2006, 36 Pa.B. 4475. Immediately preceding text appears at serial p…

§ 901.140. Duplicate license. Whenever a license is defaced, destroyed or lost, the Department may issue a duplicate to the holder of the license upon submission of a duplicate License Application Form. A $100 fee will be charged for the duplicate license. Source The provisions o…

§ 901.141. Transfer. A licensed distributor is prohibited from transferring or assigning its license. Source The provisions of this § 901.141 amended August 11, 2006, effective August 12, 2006, 36 Pa.B. 4475. Immediately preceding text appears at serial page (265872). Cross Refer…

§ 901.142. Distributor’s representative. A distributor’s representative acts as an agent of the licensee in activities conducted under the distributor’s license. Source The provisions of this § 901.142 amended August 11, 2006, effective August 12, 2006, 36 Pa.B. 4475. Immediately…

§ 901.143. Restrictions on distributorship interest. (a) A licensed eligible organization may not be a distributor. (b) A person who is an officer, director, proprietor, consultant, employee or owner of a distributorship may not have a pecuniary interest in the operation of games…

§ 901.144. Restrictions of distributor employees. (a) An employee of a distributorship may not be an employee, consultant or volunteer of a licensed eligible organization unless the employee has first made a full written disclosure of the employee’s distributorship employment to …

§ 901.145. Division of territories. A distributor may not enter with another distributor into an express or implied agreement, under which either of them is restricted in the operation and carrying on of business to a specific geographic area. A restriction may not be a condition…

§ 901.146. Sales promotion. A distributor may not use as a sales promotion a statement, demonstration or implication that a certain portion of a deal contains more winners than other portions of the deal or that a game of chance may be played by a licensed eligible organization i…

§ 901.147. Fixed prices. A distributor may not enter into an express or implied agreement with another distributor to fix the price at which games of chance may be sold, or for which services in connection therewith may be rendered. The price of these items in the competitive mar…

§ 901.148. Dissolutions, terminations, mergers and bankruptcies. (a) A distributor shall notify the Department, in writing, within 10 days of one or more of the following actions on the part of the distributor: (1) The filing with the Department of State of a certificate of elect…

§ 901.149. Change of address. A distributor shall notify the Department, in writing, 10 days prior to a change of address. Source The provisions of this § 901.149 amended August 11, 2006, effective August 12, 2006, 36 Pa.B. 4475. Immediately preceding text appears at serial page …

§ 901.150. Changes in ownership or personnel. The distributor shall make a written report to the Department of changes of responsible persons engaged in the business of the distributor. This report must also include a change in the management, ownership, directorship or equity ow…

§ 901.151. Denial, notice of violation and revocation of licenses. (a) Distributor license. The Department may deny a license application, issue a notice of violation or revoke a license if the distributor or a person required to be identified in the application form commits one …

§ 901.151a. Licensing following revocation. Unless otherwise provided by the act or this part: (1) A distributor whose license is revoked is ineligible to apply for and receive another license for the remaining license term or 6 months, whichever is longer. (2) For a second revoc…

§ 901.152. Licensing decision time limits. The Department will approve or deny applications within 60 days of their receipt unless the applicant is notified in writing of the specific reason for the delay. If the applicant requests a denial in writing the delayed application will…

§ 901.153. Raffle, daily drawing and weekly drawing ticket distributors. This section and § § 901.131—901.152 do not apply to distributors who only sell raffle, daily drawing and weekly drawing tickets. Source The provisions of this § 901.153 amended August 11, 2006, effective Au…

BOARD PROCEDURES § 901.161. Jurisdiction and purpose. The Board will receive and review petitions challenging the Department’s decisions to deny an application for a manufacturer registration certificate or game of chance approval or a distributor license. The Board will also rec…

§ 901.164. Petitions. A person challenging a Department decision shall file a petition within 15 days after the issue date of notice of the Department’s decision. Authority The provisions of this § 901.164 amended under section 6 of The Fiscal Code (72 P. S. § 6) and section 306 …

§ 901.165. Board practice and procedure. The provisions of this part regarding Board procedures and Chapter 7 (relating to Board of Appeals) govern practice and procedure before the Board. Authority The provisions of this § 901.165 amended under section 6 of The Fiscal Code (72 P…

§ 901.168. Stay of appeal. (a) After a petition is filed, actions to revoke a registration, license or game approval will be stayed pending the decision of the Board. (b) Pending the Board’s decision and order, the certificate, game approval or license of the petitioner will be s…