Section 2. Section 3 of the act, amended July 11, 1990 (P.L.449, No.108), is amended to read:
Section 3. Definitions.
The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Bona fide [club] member." Any individual who holds a [full] membership in the [club] eligible organization as defined by [the club's] that organization's constitution, charter, articles of incorporation or bylaws.
"Charitable organization." A not-for-profit group or body of persons which is created and exists for the purpose of performing a humane service; promoting the good and welfare of the aged, poor, infirm or distressed; combating juvenile delinquency; or advancing the spiritual, mental, social and physical improvement of young men and women.
"Civic and service associations." Any Statewide or branch, lodge or chapter of a nonprofit national or State organization which is authorized by its written constitution, charter, articles of incorporation or bylaws to engage in a civic or service purpose within this Commonwealth, which shall have existed in this Commonwealth for one year. The term also means a similar local nonprofit organization, not affiliated with a national or State organization, which is recognized by a resolution adopted by the governing body of the municipality in which the organization conducts its principal activities. The term shall include, but not be limited to, bona fide sportsmen's and wildlife associations, federations or clubs, Statewide or local in nature, volunteer fire companies, volunteer rescue squads and volunteer ambulance associations and bona fide senior citizens organizations. In the case of bona fide senior citizens organizations, the licensing authority may accept alternative documentation for proof of purposes when there are no bylaws or articles of incorporation in existence. The term shall also include nonprofit organizations which are established to promote and encourage participation and support for extracurricular activities within the established primary and secondary public, private and parochial school systems. Such organizations must be recognized by a resolution adopted by the appropriate governing body. In the case of organizations associated with the public school system, the governing body shall be the school board of the school district. In the case of private or parochial school organizations, that body shall be either the board of trustees or the Archdiocese.
"Club." [An incorporated unit of a national veterans' organization, as defined in section 461.1 of the act of April 12, 1951 (P.L.90, No.21), known as the Liquor Code, and licensed to sell liquor at retail under the act; or a] A club, as defined in section 102 of the act of April 12, 1951 (P.L.90, No.21), known as the Liquor Code, that qualifies as an exempt organization under section 501(c) or 527 of the Internal Revenue Code of 1954 (68A Stat. 3, 26 U.S.C. § 501(c) or 527) and is licensed to sell liquor at retail and has a charitable, religious or civic purpose or is organized to benefit a political party.[; or an organized fraternal society created and carried on for the mutual benefit of its members, not-for-profit and not issuing capital stock, having a limited membership and a representative form of government and licensed to sell liquor at retail under the Liquor Code; or a not-for-profit religious or charitable organization conducting business in accordance with the express purpose of a written constitution, charter, articles of incorporation or bylaws. The term "club" shall also include any volunteer fire company, volunteer rescue squad or volunteer ambulance association. Each club shall have been in existence and fulfilling its purposes for two years prior to the date of application for a license.]
"Daily drawing." A game in which a bona fide member selects or is assigned a number for a chance at a prize with the winner determined by a random drawing to take place on the eligible organization's premises during the same operating day. The term includes games commonly known as "member sign-in lotteries" and "half-and-half lotteries." Nothing in this act shall be construed to prohibit the carrying over of a jackpot where the winning number has not been entered in the game on a particular operating day. Daily drawing winners may be determined with the aid of a passive selection device or reference to drawings conducted by the department pursuant to the act of August 26, 1971 (P.L.351, No.91), known as the State Lottery Law. Daily drawing chances may not be sold for an amount in excess of $1, and no more than one chance may be sold to an individual during the same operating day.
"Department." The Department of Revenue of the Commonwealth.
"Dispensing machine." A device designed exclusively for the dispensing of the games of chance authorized by this act, including, but not limited to, ticket jars, fish bowls and stamp machines. Nothing in this act shall be construed to authorize devices commonly known as "slot machines" or "video poker."
"Eligible organizations." Includes qualifying nonprofit charitable, religious, fraternal and veterans organizations, clubs and civic and service associations as defined by this act. In order to qualify as an eligible organization for purposes of this act, an organization shall have been in existence and fulfilling its purposes for one year prior to the date of application for a license.
"Fraternal organizations." A nonprofit organization within this Commonwealth which is created and carried on for the mutual benefit of its members, has a limited membership and a representative form of government and is a branch, lodge or chapter of a national or State organization. Such organizations shall have been in existence in this Commonwealth and fulfilling their purposes for one year prior to the date of application for a license.
"Games of chance." Punchboards, [lotteries] daily drawings, raffles and pull-tabs, as defined in this act, provided that no such game shall be played by or with the assistance of any mechanical or electrical devices or media other than a dispensing machine or passive selection device and further provided that the particular chance taken by any person in any such game shall not be made contingent upon any other occurrence or the winning of any other contest, but shall be determined solely at the discretion of the purchaser. This definition shall not be construed to authorize any other form of gambling currently prohibited under any provision of Title 18 of the Pennsylvania Consolidated Statutes (relating to crimes and offenses). Nothing in this act shall be construed to authorize games commonly known as "slot machines" or "video poker."
"Law enforcement official." A municipal police officer, a member of the Pennsylvania State Police, the sheriff of a county or a deputy sheriff.
["Legitimate club purposes." One or more of the following:
(1) Benefiting persons by enhancing their opportunity for religious or education advancement, by relieving or protecting them from disease, suffering or distress, by contributing to their physical, emotional or social well-being, by assisting them in establishing themselves in life as worthy and useful citizens, or by increasing their comprehension of and devotion to the principles upon which this nation was founded.
(2) Initiating, performing, or fostering worthy public works or enabling or furthering the erection or maintenance of public structures.
(3) Lessening the burdens borne by government or voluntarily supporting, augmenting or supplementing services which government would normally render to the people.
(4) Improving, expanding, maintaining or repairing real property owned or leased by a club and used for purposes specified in paragraphs (1), (2) and (3).
The term does not include the erection or acquisition of any real property, unless the property will be used exclusively for one or more of the purposes specified in this definition.]
"License." A license to conduct games of chance.
"Licensing authority." The county treasurer, or in any home rule county or city of the first class, where there is no elected treasurer, the designee of the governing authority.
["Lottery." A game in which a bona fide club member or guest selects a number for a chance at a prize with the winner determined by a random drawing to take place on the licensed premises. The term includes games commonly known as "member sign-in lotteries" and "half-and-half lotteries." Nothing in this act shall be construed to permit lotteries any part of which are conducted at locations other than the licensed premises, nor shall the term "lottery" include any game or contest in which the winning number is determined by any other drawing or event, except that winning numbers may be determined by reference to drawings conducted by the department pursuant to the act of August 26, 1971 (P.L.351, No.91), known as the State Lottery Law.]
"Municipality." A city, borough, incorporated town or township or a home rule municipality formerly classified as a city, borough, incorporated town or township.
"Passive selection device." A device which is used to hold or denote the universe of possible winning numbers or entrants in a daily drawing or raffle. Such a device may not have the capability of being utilized to conduct or aid in the conducting of unauthorized or illegal forms of gambling.
"Public interest purposes." One or more of the following:
(1) Benefiting persons by enhancing their opportunity for religious or education advancement, by relieving or protecting them from disease, suffering or distress, by contributing to their physical, emotional or social well-being, by assisting them in establishing themselves in life as worthy and useful citizens or by increasing their comprehension of and devotion to the principles upon which this nation was founded.
(2) Initiating, performing or fostering worthy public works or enabling or furthering the erection or maintenance of public structures.
(3) Lessening the burdens borne by government or voluntarily supporting, augmenting or supplementing services which government would normally render to the people.
(4) Improving, expanding, maintaining or repairing real property owned or leased by an eligible organization and used for purposes specified in paragraphs (1), (2) and (3).
The term does not include the erection or acquisition of any real property, unless the property will be used exclusively for one or more of the purposes specified in this definition.
"Pull-tab." A single folded or banded ticket or a strip ticket or card with a face covered to conceal one or more numbers or symbols, where one or more of each set of tickets or cards has been designated in advance as a winner. ["Pull-tab" also includes a ticket sold in a device known as a ticket jar, fish bowl or stamp machine.]
"Punchboard." A board, placard or other device marked off in a grid or columns, in which each section contains a hidden number or numbers, or other symbol, which determines the winning chances.
"Raffle." A game in which a participant buys a ticket for a chance at a prize with the winner determined by a random drawing of corresponding ticket stubs to take place at a location and date or dates printed upon each ticket. Such games shall include lotteries but not daily drawings. Raffle winners may be determined by reference to drawings conducted by the department pursuant to the act of August 26, 1971 (P.L.351, No.91), known as the State Lottery Law.
"Religious organization." A not-for-profit group or body of persons which is created and which exists for the predominant purpose of regularly holding or conducting religious activities or religious education, without pecuniary benefit to any officer, member or shareholder except as reasonable compensation for actual services rendered to the organization.
"Veterans organization." Any congressionally chartered organization within this Commonwealth, or any branch or lodge or chapter of a nonprofit national or State organization within this Commonwealth, the membership of which consists of individuals who were members of the armed services or armed forces of the United States. The term shall also include home associations. Such organizations shall have been in existence in this Commonwealth fulfilling their purposes for one year prior to the date of application for a license.