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

§ 901.191. License application form. (a) The Department will proscribe the license application form for eligible organizations. Licensing authorities may obtain the form from the Department. (b) The form is available to eligible organizations through the licensing authorities. (c…

§ 901.195. Types of licenses. Two types of licenses are available. An eligible organization may only hold one type of license at a time. The types of licenses are as follows: (1) Games of chance license. A games of chance license authorizes the licensee to conduct games of chance…

§ 901.196. Limited occasion license requirements, limits and restrictions. (a) Only organizations that do not own or lease a premises or do not have a specific location at which they conduct their normal business are eligible for a limited occasion license. (b) Limited occasion l…

§ 901.197. Change of application information. An eligible organization shall report any changes to the information supplied in its license application to the licensing authority within 15 days of the change. Source The provisions of this § 901.197 adopted August 11, 2006, effecti…

GENERAL APPLICABILITY § 901.21. Applicability. This part applies to manufacturers and distributors who sell or intend to sell games of chance in this Commonwealth and to eligible organizations located in municipalities within this Commonwealth which have adopted the act by an aff…

§ 901.23. Restriction of sales. (a) Manufacturers. (1) Registration. A manufacturer shall register with the Department and obtain a manufacturer registration certificate to sell, offer for sale or furnish games of chance for use in this Commonwealth. This paragraph does not apply…

§ 901.23a. Effect of denial, suspension, revocation, expiration of a certificate, license or game of chance. A certificate, license or game of chance that has been denied, suspended or revoked or that has expired is not a valid certificate, license or game of chance. A person, ap…

§ 901.25. Vested rights. A certificate or license confers only a privilege on the holder. A certificate or license confers no vested right in the privilege so conferred. Source The provisions of this § 901.25 amended August 11, 2006, effective August 12, 2006, 36 Pa.B. 4475. Imme…

§ 901.26. Background checks. (a) As a condition precedent to the issuance of a license or certificate, the Department may require background checks on a person seeking a license or for whom a certificate is sought, or employees thereof, or of a person participating as an employee…

§ 901.27. Proration of fees. A license or registration fee will not be prorated.

§ 901.28. Inspection of premises. (a) Licensed premises, or premises relating to or being used for activities conducted under the act and this part by a licensed eligible organization, registered manufacturer or licensed distributor shall be open to inspection by the Department o…

§ 901.29. Illegal prizes. A prize may not be given which is illegal under a municipal, State or Federal law.

§ 901.30. Prohibited practices, contracts, gifts, and the like. (a) A manufacturer or distributor or employee thereof may not directly or indirectly solicit, give or offer to give or receive from another licensee or registrant or an employee thereof gifts, loans of money, premium…

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 elect…

§ 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 …

§ 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…

§ 901.304. 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 ?

§ 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,’’…

§ 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 appr…

§ 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 throug…

§ 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 § 90…

§ 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…

§ 901.31. Examination of records. In addition to the examination of records authorized during an inspection of the premises, the Department is authorized to examine the reports, books, accounts and records, and the inventory related to games of chance of a licensed distributor, r…

§ 901.32. Ownership of games of chance. The physical possessor of a chance in a game is the owner of the chance until a name is imprinted or placed upon it. When a name is placed upon the chance, the person whose name appears on the chance is the owner and is entitled to a prize …

§ 901.33. Governing law. Transactions taking place under the authority granted in the act or this part are governed by the laws of the Commonwealth.

§ 901.34. Disputes. If a dispute occurs about whether a chance is a winning chance and the dispute cannot be resolved through normal verification procedures or other appropriate means the licensed eligible organization may retain the chance and replace it with an equivalent chanc…

§ 901.35. Termination of games of chance. A licensed eligible organization may announce a termination date at which point no further chances may be sold, and a date by which all claims or prizes shall be made. This date may not be less than 30 days after the last date for play of…

§ 901.36. Federal withholding and reporting requirements. A licensed eligible organization is responsible for complying with Internal Revenue Service rules for reporting and withholding on gambling and lottery winnings. Source The provisions of this § 901.36 amended August 11, 20…

§ 901.37. State withholding and reporting requirements. A licensed eligible organization is responsible for complying with Commonwealth rules for reporting and withholding on gambling and lottery winnings. Source The provisions of this § 901.37 amended August 11, 2006, effective …

§ 901.38. Commonwealth resident designee. A person applying for a certificate or distributor’s license under the act or this part is required to designate a person and location within this Commonwealth for purposes of service of process and the person shall agree to submit to the…

§ 901.39. Merchandise prize valuation. Merchandise prizes shall be valued at their cash value which is equal to their fair market value.

§ 901.40. Operating days, nonoperating days and operating weeks. (a) An operating day or a nonoperating day may not exceed 24 consecutive hours. An operating day or a nonoperating day may not overlap with any other operating day or nonoperating day. (b) An operating day may exten…

§ 901.405. List of licensed eligible organizations. The licensing authority will keep a list of licensees and send the list to the Department biannually on or before January 15 and July 15 of each year. Upon request, the licensing authority will provide the Department with a copy…

§ 901.407. List of municipalities. (a) The licensing authority will keep and maintain an up-to-date list of those municipalities within the licensing authority’s county that permit games of chance. (b) The licensing authority will give a copy of the list to every eligible organiz…

MANUFACTURING RECORDS AND REPORTS § 901.421. Distributor license copy. A manufacturer shall maintain a record of the games of chance license number of each distributor to which it sells or otherwise furnishes games of chance. Source The provisions of this § 901.421 amended August…

§ 901.422. Length of record retention. Records, including invoices, shall be maintained for a minimum of 2 years. Cross References This section cited in 61 Pa. Code § 901.51 (relating to power and duties).

§ 901.423. Annual records. A registered manufacturer shall keep and maintain annual records of the activities related to games of chance for at least 5 years. Source The provisions of this § 901.423 amended August 11, 2006, effective August 12, 2006, 36 Pa.B. 4475. Immediately pr…

§ 901.424. System type. The records shall be maintained on the same basis as the manufacturer’s Federal income tax records. Cross References This section cited in 61 Pa. Code § 901.51 (relating to power and duties).

§ 901.425. Records. A record must include the following: (1) Sales invoices. A manufacturer shall record every sale, return or other type of transfer of games of chance by completing a sales invoice or credit memo. An invoice must be prenumbered at the time of purchase. The numbe…

§ 901.426. Serial and form numbers. The sales of games shall be tracked by serial numbers. Cross References This section cited in 61 Pa. Code § 901.51 (relating to power and duties).

DISTRIBUTOR RECORDS AND REPORTS § 901.441. License of purchaser. A distributor shall keep a copy of the valid games of chance license of each eligible organization to which it sells or otherwise furnishes games of chance. Source The provisions of this § 901.441 amended August 11,…

§ 901.442. Length of record retention. Records, including invoices, shall be maintained for a minimum of 2 years. Cross References This section cited in 61 Pa. Code § 901.51 (relating to power and duties).

§ 901.443. Annual records. A licensed distributor shall keep and maintain annual records of its activities related to games of chance for at least 5 years. Source The provisions of this § 901.443 amended August 11, 2006, effective August 12, 2006, 36 Pa.B. 4475. Immediately prece…

§ 901.444. System type. The records shall be maintained on the same basis as the distributor’s Federal income tax records. Cross References This section cited in 61 Pa. Code § 901.51 (relating to power and duties).

§ 901.445. Records. A record must include the following: (1) Sales invoices. A distributor shall record every sale, return or other type of transfer of games of chance by completing a standard sales invoice or credit memo. An invoice must be prenumbered at the time of purchase. T…

LICENSED ELIGIBLE ORGANIZATION RECORDS § 901.461. Annual records. An eligible organization licensed to conduct games of chance shall keep and maintain annual records of the activities related to games of chance with separate totals of activity under the license for each operating…

§ 901.462. General records required. A record must include the following: (1) The gross receipts from the conduct of games of chance. (2) The full details of the expenses related to the conduct of games of chance. (3) The total cost of the prizes paid out for games of chance. (4)…

§ 901.463. Raffles records. The following records and information shall be maintained with regard to raffle prizes: (1) The amount of proceeds received from the raffle. (2) The expenses deducted from the net receipts of a raffle. (3) A list of prizes and receipts for purchase of …

§ 901.464. Punchboard and pull-tab records. Detailed annual records for the operation of punchboards and pull-tabs, must include the following: (1) The name of the punchboard or pull-tab deal. (2) The manufacturer’s serial number on the punchboard or pull-tab deal. (3) The date i…

§ 901.464a. Daily and weekly drawing records. A licensed eligible organization shall maintain the following records and information with regard to each daily or weekly drawing: (1) The type of drawing (daily or weekly). (2) The operating day or operating week as applicable during…