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

§ 901.465. Cash over and short. Cash over and short must be determined by: (1) Subtracting actual cash from net receipts for games of chance paying cash prizes. (2) Subtracting actual cash from gross receipts for games of chance which award merchandise prizes. Source The provisio…

§ 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: (1) The number and amount of individual prizes awarded in excess of $100. (2) The total amount of prizes awarded…

§ 901.467. Other records. Other records and reports as required by this part or the county licensing authority shall be maintained.

§ 901.468. Length of record retention. Records, including invoices, shall be maintained a minimum of 2 years.

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…

§ 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…

§ 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 p…

§ 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 A…

§ 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 …

§ 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 …

§ 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 …

§ 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…

§ 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, eff…

ADMINISTRATION § 901.51. Power and duties. The Department has the power and authority granted to it by the Legislature under the act, including the power and authority to do the following: (1) Review the tax status of an applicant for a certificate or distributor license. (2) Pre…

§ 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 …

§ 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. Im…

§ 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 wr…

§ 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 ma…

§ 901.52. Administrative entity. The Department will carry out its powers provided in the act or this part through the Bureau of Business Trust Fund Taxes—Miscellaneous Tax Division. The administrative entity may be changed by notice published in the Pennsylvania Bulletin. Source…

§ 901.53. Fee payment. Fees payable to the Department shall be in the form of a check, cashier’s check or money order made payable to the ‘‘Pennsylvania Department of Revenue.’’

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 r…

§ 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 thi…

§ 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 cer…

§ 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 thre…

§ 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 provisi…

§ 901.54. Bad checks submitted as payment of fees. (a) Payment by a check which is not promptly paid by the drawee bank is grounds for immediate suspension of a license, registration or application. The suspension will continue until a certified check, cashier’s check or money or…

§ 901.55. Forms. Application materials required by the licensing authority, manufacturers and distributors will be available from the Department.

PULL-TAB MANUFACTURING STANDARDS § 901.601. Uniform minimum quality standards. (a) Standards. Pull-tab games manufactured for sale or other distribution in this Commonwealth shall conform to the act, this part and NAGRA’s manufacturing standards for pull-tab games, as amended, to…

§ 901.602. Flares. A flare provided by the manufacturer must accompany every deal. However, a licensed eligible organization may alter a flare as provided in § 901.731(b)(2) (relating to punchboard and pull-tab operation). Source The provisions of this § 901.602 amended August 11…

§ 901.603. Minimum percentages for prizes. A distributor or manufacturer of pull-tabs may not sell or otherwise provide to a person in this Commonwealth or for use in this Commonwealth a pull-tab deal that does not contain the following minimum percentage in prizes: (1) At least …

§ 901.604. Rule compliance. A distributor or manufacturer or representative thereof, with knowledge or if he reasonably should have known, may not possess, display, put out for play, sell or otherwise furnish to a person in this Commonwealth a pull-tab deal or pull-tab from any d…

§ 901.605. Deal in multiple packages. (a) When the deal is packaged in more than one container, the entire deal of individual pull-tabs shall be mixed so that no person is able to determine the position or approximate location of one or more of the winning pull-tabs or determine …

§ 901.606. Sales promotions. A manufacturer or distributor or representative thereof may not use as a sales promotion a statement, demonstration or implication that a certain portion of a pull-tab deal contains more winners than other portions of the deal or that a pull-tab deal …

§ 901.607. One flare per deal. A person may not place or have out in public view more than one flare identifying the prizes available from the operation of a pull-tab deal.

§ 901.608. Standards for flares. (a) A pull-tab game flare must be made only by the manufacturer. Except as provided by § 901.731(b)(2) (relating to punchboard and pull-tab operation), a flare may not be altered after it leaves the manufacturer’s possession and control. (b) Excep…

§ 901.609. Name or logo imprinting. The manufacturer’s name or logo shall be placed on pull-tabs produced by the manufacturer.

PUNCHBOARD MANUFACTURING STANDARDS § 901.621. Flares. A flare provided by the manufacturer must accompany every punchboard. However, a licensed eligible organization may alter a flare as provided in § 901.731(b)(2) (relating to punchboard and pull-tab operation). Source The provi…

§ 901.622. Standards for construction. Punchboards sold for use in this Commonwealth must be in compliance with the following standards: (1) General. (i) A punchboard must have a face sheet that covers the punchboard receptacles. (ii) The flare for the punchboard may be manufactu…

§ 901.623. Punchboard restrictions. A manufacturer or distributor may not sell or furnish to a person, a punchboard: (1) To which a key to a winning number or symbol exists other than a key which is furnished to the operator designating the color codes for the chances on that boa…

§ 901.624. Minimum percentages for prizes. A distributor or manufacturer of punchboards may not sell or otherwise provide to a person in this Commonwealth or for use in this Commonwealth a punchboard that does not contain the following minimum prizes: (1) At least 60% of the maxi…

§ 901.625. Rule compliance. A distributor or manufacturer or representative thereof, with knowledge or if he reasonably should have known, may not possess, display, put out for play, sell or otherwise furnish to a person in this Commonwealth a punchboard that does not comply with…

§ 901.626. One flare per punchboard. A person may not place or have out in public view more than one flare advertising the prizes available from the operation of a punchboard.

§ 901.627. Standards for flares. (a) A punchboard flare must be made only by the manufacturer. Except as provided by § 901.731(b)(2) (relating to punchboard and pull-tab operation), a flare may not be altered after it leaves the manufacturer’s possession and control. (b) A punchb…

§ 901.628. Name or logo imprinting. The manufacturer’s name or logo shall be placed on punchboards produced by the manufacturer.

GENERAL MANUFACTURING STANDARDS § 901.631. Subcontracting and manufacturer responsibility. (a) A registered manufacturer may subcontract for the manufacturer or production of the parts, pieces, accessories and other items that make up a completed game of chance. (b) A subcontract…

§ 901.632. Predetermination of rules, winning chances and prizes. Except as provided in § 901.731(b)(2) (relating to punchboard and pull-tab operation), a manufacturer of a pull-tab game or punchboard shall predetermine the rules, prize structure, prizes, prize values, winning pu…

§ 901.633. Prohibition against participant control of winning chances or prizes. A game of chance may not be manufactured for sale and use in this Commonwealth in which a participant who purchases a chance in the game can control, effect or choose the winning chance or chances or…

ELIGIBLE ORGANIZATION OPERATION OF GAMES § 901.701. Games of chance permitted. (a) A licensed eligible organization may conduct games of chance only for the purpose of raising funds for public interest purposes as defined in the act or this part. (b) A licensed eligible organizat…

§ 901.701a. License required. (a) Eligible organizations. An eligible organization may not conduct or operate games of chance unless the eligible organization obtains and maintains a valid license. An eligible organization shall be in existence and fulfilling its purposes for 1 y…

§ 901.701b. Display. The licensed eligible organization shall at all times publicly display its license at the site where it conducts games of chance. Source The provisions of this § 901.701b adopted August 11, 2006, effective August 12, 2006, 36 Pa.B. 4475.