Act 71 Pennsylvania Gaming Law Part 8 of 9

1 BY ANY PERSON THAT HOLDS A CONTROLLING INTEREST IN SUCH
2 MANUFACTURER OR SUPPLIER, OR A SUBSIDIARY COMPANY THEREOF, AND
3 ANY OFFICER, DIRECTOR OR MANAGEMENT-LEVEL EMPLOYEE OF SUCH A
4 LICENSEE SHALL BE PUNISHABLE BY A FINE OF NOT LESS THAN ONE
5 DAY'S AVERAGE OF THE GROSS PROFIT FROM SALES MADE BY THE
6 MANUFACTURER OR SUPPLIER IN PENNSYLVANIA DURING THE PRECEDING
7 12-MONTH PERIOD (OR PORTION THEREOF IN THE EVENT THE
8 MANUFACTURER OR SUPPLIER HAS NOT OPERATED IN PENNSYLVANIA FOR 12
9 MONTHS); A SECOND VIOLATION OF THIS SECTION WITHIN FIVE YEARS OF
10 THE FIRST VIOLATION SHALL BE PUNISHABLE BY A ONE-MONTH
11 SUSPENSION OF THE LICENSE HELD BY THE MANUFACTURER OR SUPPLIER
12 AND A FINE OF NOT LESS THAN TWO TIMES ONE DAY'S AVERAGE OF THE
13 GROSS PROFIT FROM SALES MADE BY THE MANUFACTURER OR SUPPLIER IN
14 PENNSYLVANIA DURING THE PRECEDING 12-MONTH PERIOD (OR PORTION
15 THEREOF IN THE EVENT THE MANUFACTURER OR SUPPLIER HAS NOT
16 OPERATED IN PENNSYLVANIA FOR 12 MONTHS). IN NO EVENT SHALL THE
17 FINE IMPOSED UNDER THIS SECTION BE IN AN AMOUNT LESS THAN
18 $50,000 FOR EACH VIOLATION. IN ADDITION TO ANY FINE OR SANCTION
19 THAT MAY BE IMPOSED BY THE BOARD, ANY PERSON WHO MAKES A
20 CONTRIBUTION IN VIOLATION OF THIS SECTION COMMITS A MISDEMEANOR
21 OF THE THIRD DEGREE.
22 § 1514. REGULATION REQUIRING EXCLUSION OF CERTAIN PERSONS.
23 (A) GENERAL RULE.--THE BOARD SHALL, BY REGULATION, PROVIDE
24 FOR THE ESTABLISHMENT OF A LIST OF PERSONS WHO ARE TO BE
25 EXCLUDED OR EJECTED FROM ANY LICENSED FACILITY. THE PROVISIONS
26 SHALL DEFINE THE STANDARDS FOR EXCLUSION AND SHALL INCLUDE
27 STANDARDS RELATING TO PERSONS WHO ARE CAREER OR PROFESSIONAL
28 OFFENDERS AS DEFINED BY REGULATIONS OF THE BOARD OR WHOSE
29 PRESENCE IN A LICENSED FACILITY WOULD, IN THE OPINION OF THE
30 BOARD, BE INIMICAL TO THE INTEREST OF THE COMMONWEALTH OR OF
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1 LICENSED GAMING THEREIN, OR BOTH.
2 (B) CATEGORIES TO BE DEFINED.--THE BOARD SHALL PROMULGATE
3 DEFINITIONS ESTABLISHING THOSE CATEGORIES OF PERSONS WHO SHALL
4 BE EXCLUDED PURSUANT TO THIS SECTION, INCLUDING CHEATS AND
5 PERSONS WHOSE PRIVILEGES FOR LICENSURE OR REGISTRATION HAVE BEEN
6 REVOKED.
7 (C) DISCRIMINATION PROHIBITED.--RACE, COLOR, CREED, NATIONAL
8 ORIGIN OR ANCESTRY OR SEX SHALL NOT BE A REASON FOR PLACING THE
9 NAME OF ANY PERSON UPON A LIST UNDER THIS SECTION.
10 (D) SANCTIONS.--THE BOARD MAY IMPOSE SANCTIONS UPON A
11 LICENSED GAMING ENTITY IN ACCORDANCE WITH THIS PART IF THE
12 LICENSED GAMING ENTITY KNOWINGLY FAILS TO EXCLUDE OR EJECT FROM
13 THE PREMISES OF ANY LICENSED FACILITY ANY PERSON PLACED BY THE
14 BOARD ON THE LIST OF PERSONS TO BE EXCLUDED OR EJECTED.
15 (E) LIST NOT ALL-INCLUSIVE.--ANY LIST COMPILED BY THE BOARD
16 OF PERSONS TO BE EXCLUDED OR EJECTED SHALL NOT BE DEEMED AN ALL-
17 INCLUSIVE LIST, AND A LICENSED GAMING ENTITY SHALL HAVE A DUTY
18 TO KEEP FROM THE LICENSED FACILITY PERSONS KNOWN TO IT TO BE
19 WITHIN THE CLASSIFICATIONS DECLARED IN THIS SECTION AND THE
20 REGULATIONS PROMULGATED UNDER THIS SECTION, WHOSE PRESENCE IN A
21 LICENSED FACILITY WOULD BE INIMICAL TO THE INTEREST OF THE
22 COMMONWEALTH OR OF LICENSED GAMING THEREIN, OR BOTH, AS DEFINED
23 IN STANDARDS ESTABLISHED BY THE BOARD.
24 (F) NOTICE.--WHENEVER THE BOARD PLACES THE NAME OF ANY
25 PERSON ON A LIST PURSUANT TO THIS SECTION, THE BOARD SHALL SERVE
26 NOTICE OF THIS FACT TO SUCH PERSON BY PERSONAL SERVICE OR
27 CERTIFIED MAIL AT THE LAST KNOWN ADDRESS OF THE PERSON.
28 (G) HEARING.--WITHIN 30 DAYS AFTER NOTICE IN ACCORDANCE WITH
29 SUBSECTION (F), THE PERSON NAMED FOR EXCLUSION OR EJECTION MAY
30 DEMAND A HEARING BEFORE THE BOARD, AT WHICH HEARING THE BOARD
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1 SHALL HAVE THE AFFIRMATIVE OBLIGATION TO DEMONSTRATE THAT THE
2 PERSON NAMED FOR EXCLUSION OR EJECTION SATISFIES THE CRITERIA
3 FOR EXCLUSION ESTABLISHED BY THIS SECTION AND THE BOARD'S
4 REGULATIONS. FAILURE TO DEMAND A HEARING WITHIN 30 DAYS AFTER
5 SERVICE SHALL BE DEEMED AN ADMISSION OF ALL MATTERS AND FACTS
6 ALLEGED IN THE BOARD'S NOTICE AND SHALL PRECLUDE A PERSON FROM
7 HAVING AN ADMINISTRATIVE HEARING, BUT SHALL IN NO WAY AFFECT THE
8 RIGHT TO JUDICIAL REVIEW AS PROVIDED IN THIS SECTION.
9 (H) REVIEW.--IF, UPON COMPLETION OF A HEARING ON THE NOTICE
10 OF EXCLUSION OR EJECTION, THE BOARD DETERMINES THAT PLACEMENT OF
11 THE NAME OF THE PERSON ON THE EXCLUSION LIST IS APPROPRIATE, THE
12 BOARD SHALL MAKE AND ENTER AN ORDER TO THAT EFFECT, WHICH ORDER
13 SHALL BE SERVED ON ALL SLOT MACHINE LICENSEES. THE ORDER SHALL
14 BE SUBJECT TO REVIEW BY THE COMMONWEALTH COURT IN ACCORDANCE
15 WITH THE RULES OF COURT.
16 § 1515. REPEAT OFFENDERS EXCLUDABLE FROM LICENSED GAMING
17 FACILITY.
18 A LICENSED GAMING ENTITY MAY EXCLUDE OR EJECT FROM ITS
19 LICENSED FACILITY ANY PERSON WHO IS KNOWN TO IT TO HAVE BEEN
20 CONVICTED OF A MISDEMEANOR OR FELONY COMMITTED IN OR ON THE
21 PREMISES OF ANY LICENSED FACILITY. NOTHING IN THIS SECTION OR IN
22 ANY OTHER LAW OF THIS COMMONWEALTH SHALL LIMIT THE RIGHT OF A
23 LICENSED GAMING ENTITY TO EXERCISE ITS COMMON LAW RIGHT TO
24 EXCLUDE OR EJECT PERMANENTLY FROM ITS LICENSED FACILITY ANY
25 PERSON WHO DISRUPTS THE OPERATIONS OF ITS PREMISES, THREATENS
26 THE SECURITY OF ITS PREMISES OR ITS OCCUPANTS OR IS DISORDERLY
27 OR INTOXICATED.
28 § 1516. LIST OF PERSONS SELF-EXCLUDED FROM GAMING ACTIVITIES.
29 (A) GENERAL RULE.--THE BOARD SHALL PROVIDE BY REGULATION FOR
30 THE ESTABLISHMENT OF A LIST OF PERSONS SELF-EXCLUDED FROM GAMING
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1 ACTIVITIES AT ALL LICENSED FACILITIES. ANY PERSON MAY REQUEST
2 PLACEMENT ON THE LIST OF SELF-EXCLUDED PERSONS BY ACKNOWLEDGING
3 IN A MANNER TO BE ESTABLISHED BY THE BOARD THAT THE PERSON IS A
4 PROBLEM GAMBLER AND BY AGREEING THAT, DURING ANY PERIOD OF
5 VOLUNTARY EXCLUSION, THE PERSON MAY NOT COLLECT ANY WINNINGS OR
6 RECOVER ANY LOSSES RESULTING FROM ANY GAMING ACTIVITY AT
7 LICENSED FACILITIES.
8 (B) REGULATIONS.--THE REGULATIONS OF THE BOARD SHALL
9 ESTABLISH PROCEDURES FOR PLACEMENTS ON AND REMOVALS FROM THE
10 LIST OF SELF-EXCLUDED PERSONS. THE REGULATIONS SHALL ESTABLISH
11 PROCEDURES FOR THE TRANSMITTAL TO LICENSED GAMING ENTITIES OF
12 IDENTIFYING INFORMATION CONCERNING SELF-EXCLUDED PERSONS AND
13 SHALL REQUIRE LICENSED GAMING ENTITIES TO ESTABLISH PROCEDURES
14 DESIGNED, AT A MINIMUM, TO REMOVE SELF-EXCLUDED PERSONS FROM
15 TARGETED MAILINGS OR OTHER FORMS OF ADVERTISING OR PROMOTIONS
16 AND DENY SELF-EXCLUDED PERSONS ACCESS TO COMPLIMENTARIES, CHECK
17 CASHING PRIVILEGES, CLUB PROGRAMS AND OTHER SIMILAR BENEFITS.
18 (C) LIABILITY.--A LICENSED GAMING ENTITY OR EMPLOYEE THEREOF
19 SHALL NOT BE LIABLE TO ANY SELF-EXCLUDED PERSON OR TO ANY OTHER
20 PARTY IN ANY JUDICIAL PROCEEDING FOR ANY HARM, MONETARY OR
21 OTHERWISE, WHICH MAY ARISE AS A RESULT OF:
22 (1) THE FAILURE OF A LICENSED GAMING ENTITY TO WITHHOLD
23 GAMING PRIVILEGES FROM OR RESTORE GAMING PRIVILEGES TO A
24 SELF-EXCLUDED PERSON; OR
25 (2) OTHERWISE PERMITTING OR NOT PERMITTING A SELF-
26 EXCLUDED PERSON TO ENGAGE IN GAMING ACTIVITY IN THE FACILITY
27 WHILE ON THE LIST OF SELF-EXCLUDED PERSONS.
28 (D) DISCLOSURE.--NOTWITHSTANDING ANY OTHER LAW TO THE
29 CONTRARY, THE BOARD'S LIST OF SELF-EXCLUDED PERSONS SHALL NOT BE
30 OPEN TO PUBLIC INSPECTION. NOTHING IN THIS SECTION, HOWEVER,
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1 SHALL BE CONSTRUED TO PROHIBIT A LICENSED GAMING ENTITY FROM
2 DISCLOSING THE IDENTITY OF PERSONS SELF-EXCLUDED PURSUANT TO
3 THIS SECTION TO AFFILIATED GAMING ENTITIES IN THIS COMMONWEALTH
4 OR OTHER JURISDICTIONS FOR THE LIMITED PURPOSE OF ASSISTING IN
5 THE PROPER ADMINISTRATION OF RESPONSIBLE GAMING PROGRAMS
6 OPERATED BY AFFILIATED LICENSED GAMING ENTITIES.
7 § 1517. ENFORCEMENT.
8 (A) POWERS AND DUTIES.--THE BUREAU OF INVESTIGATIONS AND
9 ENFORCEMENT SHALL HAVE THE FOLLOWING POWERS AND DUTIES:
10 (1) PROMPTLY INVESTIGATE ALL LICENSEES, PERMITTEES AND
11 APPLICANTS AS DIRECTED BY THE BOARD, IN ACCORDANCE WITH THE
12 PROVISIONS OF SECTION 1202 (RELATING TO GENERAL AND SPECIFIC
13 POWERS).
14 (2) ENFORCE THE RULES AND REGULATIONS PROMULGATED UNDER
15 THIS PART.
16 (3) INITIATE PROCEEDINGS FOR ADMINISTRATIVE VIOLATIONS
17 OF THIS PART OR REGULATIONS PROMULGATED UNDER THIS PART.
18 (4) PROVIDE THE BOARD WITH ALL INFORMATION NECESSARY FOR
19 ALL ACTION UNDER THIS PART AND FOR ALL PROCEEDINGS INVOLVING
20 ENFORCEMENT OF THIS PART OR REGULATIONS PROMULGATED UNDER
21 THIS PART.
22 (5) INVESTIGATE THE CIRCUMSTANCES SURROUNDING ANY ACT OR
23 TRANSACTION FOR WHICH BOARD APPROVAL IS REQUIRED.
24 (6) CONDUCT ADMINISTRATIVE INSPECTIONS ON THE PREMISES
25 OF A LICENSED RACETRACK OR NONPRIMARY LOCATION OR LICENSED
26 FACILITY TO ENSURE COMPLIANCE WITH THIS PART AND THE
27 REGULATIONS OF THE BOARD AND, IN THE COURSE OF INSPECTIONS,
28 REVIEW AND MAKE COPIES OF ALL DOCUMENTS AND RECORDS THAT MAY
29 BE REQUIRED THROUGH ON-SITE OBSERVATION AND OTHER REASONABLE
30 MEANS TO ASSURE COMPLIANCE WITH THIS PART AND REGULATIONS
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1 PROMULGATED UNDER THIS PART.
2 (7) RECEIVE AND TAKE APPROPRIATE ACTION ON ANY REFERRAL
3 FROM THE BOARD RELATING TO ANY EVIDENCE OF A VIOLATION.
4 (8) CONDUCT AUDITS OF SLOT MACHINE OPERATIONS AT SUCH
5 TIMES, UNDER SUCH CIRCUMSTANCES AND TO SUCH EXTENT AS THE
6 BUREAU DETERMINES. THIS PARAGRAPH INCLUDES REVIEWS OF
7 ACCOUNTING, ADMINISTRATIVE AND FINANCIAL RECORDS AND
8 MANAGEMENT CONTROL SYSTEMS, PROCEDURES AND RECORDS UTILIZED
9 BY A SLOT MACHINE LICENSEE.
10 (9) REQUEST AND RECEIVE INFORMATION, MATERIALS AND OTHER
11 DATA FROM ANY LICENSEE, PERMITTEE OR APPLICANT.
12 (10) REFER FOR INVESTIGATION ALL POSSIBLE CRIMINAL
13 VIOLATIONS TO THE PENNSYLVANIA STATE POLICE AND COOPERATE
14 FULLY IN THE INVESTIGATION AND PROSECUTION OF A CRIMINAL
15 VIOLATION ARISING UNDER THIS PART.
16 (B) POWERS AND DUTIES OF THE DEPARTMENT.--
17 (1) THE DEPARTMENT SHALL AT ALL TIMES HAVE THE POWER OF
18 ACCESS TO EXAMINATION AND AUDIT OF ANY EQUIPMENT AND RECORDS
19 RELATING TO ALL ASPECTS OF THE OPERATION OF SLOT MACHINES
20 UNDER THIS PART.
21 (2) NOTWITHSTANDING THE PROVISIONS OF SECTION 353(F) OF
22 THE ACT OF MARCH 4, 1971 (P.L.6, NO.2), KNOWN AS THE TAX
23 REFORM CODE OF 1971, THE DEPARTMENT SHALL SUPPLY THE BOARD,
24 THE BUREAU, THE PENNSYLVANIA STATE POLICE AND THE OFFICE OF
25 ATTORNEY GENERAL WITH INFORMATION CONCERNING THE STATUS OF
26 DELINQUENT TAXES OWNED BY THE APPLICANT, LICENSEE OR
27 PERMITTEE.
28 (C) POWERS AND DUTIES OF THE PENNSYLVANIA STATE POLICE.--THE
29 PENNSYLVANIA STATE POLICE SHALL HAVE THE FOLLOWING POWERS AND
30 DUTIES:
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1 (1) PROMPTLY INVESTIGATE ALL LICENSEES, PERMITTEES AND
2 APPLICANTS AS DIRECTED BY THE BOARD, IN ACCORDANCE WITH THE
3 PROVISIONS OF SECTION 1202.
4 (2) ENFORCE THE RULES AND REGULATIONS PROMULGATED UNDER
5 THIS PART.
6 (3) INITIATE PROCEEDINGS FOR ANY VIOLATIONS OF THIS PART
7 OR REGULATIONS PROMULGATED UNDER THIS PART.
8 (4) PROVIDE THE BOARD WITH ALL INFORMATION NECESSARY FOR
9 ALL ACTIONS UNDER THIS PART FOR ALL PROCEEDINGS INVOLVING
10 ENFORCEMENT OF THIS PART OR REGULATIONS PROMULGATED UNDER
11 THIS PART.
12 (5) INSPECT A LICENSEE'S OR PERMITTEE'S PERSON AND
13 PERSONAL EFFECTS PRESENT IN A LICENSED FACILITY UNDER THIS
14 PART WHILE THAT LICENSEE OR PERMITTEE IS PRESENT AT A
15 LICENSED FACILITY.
16 (6) ENFORCE THE CRIMINAL PROVISIONS OF THIS PART AND ALL
17 OTHER CRIMINAL LAWS OF THE COMMONWEALTH.
18 (7) FINGERPRINT APPLICANTS FOR LICENSES AND PERMITS.
19 (8) EXCHANGE FINGERPRINT DATA WITH AND RECEIVE NATIONAL
20 CRIMINAL HISTORY RECORD INFORMATION FROM THE FBI FOR USE IN
21 INVESTIGATING APPLICATIONS FOR ANY LICENSE OR PERMIT UNDER
22 THIS PART.
23 (9) RECEIVE AND TAKE APPROPRIATE ACTION ON ANY REFERRAL
24 FROM THE BOARD RELATING TO CRIMINAL CONDUCT.
25 (10) REQUIRE THE PRODUCTION OF ANY INFORMATION, MATERIAL
26 AND OTHER DATA FROM ANY LICENSEE, PERMITTEE OR APPLICANT.
27 (11) CONDUCT ADMINISTRATIVE INSPECTIONS ON THE PREMISES
28 OF LICENSED RACETRACK OR NONPRIMARY LOCATION OR LICENSED
29 FACILITY TO ENSURE COMPLIANCE WITH THIS PART AND THE
30 REGULATIONS OF THE BOARD AND, IN THE COURSE OF INSPECTIONS,
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1 REVIEW AND MAKE COPIES OF ALL DOCUMENTS AND RECORDS REQUIRED
2 BY THE INSPECTION THROUGH ONSITE OBSERVATION AND OTHER
3 REASONABLE MEANS TO ASSURE COMPLIANCE WITH THIS ACT AND
4 REGULATIONS PROMULGATED UNDER THIS PART.
5 (12) CONDUCT AUDITS OR VERIFICATION OF INFORMATION OF
6 SLOT MACHINE OPERATIONS AT SUCH TIMES, UNDER SUCH
7 CIRCUMSTANCES AND TO SUCH EXTENT AS THE BUREAU DETERMINES.
8 THIS PARAGRAPH INCLUDES REVIEWS OF ACCOUNTING, ADMINISTRATIVE
9 AND FINANCIAL RECORDS AND MANAGEMENT CONTROL SYSTEMS,
10 PROCEDURES AND RECORDS UTILIZED BY A SLOT MACHINE LICENSEE.
11 (13) A MEMBER OF THE PENNSYLVANIA STATE POLICE ASSIGNED
12 TO DUTIES OF ENFORCEMENT UNDER THIS PART SHALL NOT BE COUNTED
13 TOWARD THE COMPLEMENT AS DEFINED IN THE ACT OF DECEMBER 13,
14 2001 (P.L.903, NO.100), ENTITLED "AN ACT REPEALING IN PART A
15 LIMITATION ON THE COMPLEMENT OF THE PENNSYLVANIA STATE
16 POLICE."
17 (D) CRIMINAL ACTION.--
18 (1) THE DISTRICT ATTORNEYS OF THE SEVERAL COUNTIES SHALL
19 HAVE AUTHORITY TO INVESTIGATE AND TO INSTITUTE CRIMINAL
20 PROCEEDINGS FOR ANY VIOLATION OF THIS PART.
21 (2) IN ADDITION TO THE AUTHORITY CONFERRED UPON THE
22 ATTORNEY GENERAL BY THE ACT OF OCTOBER 15, 1980 (P.L.950,
23 NO.164), KNOWN AS THE COMMONWEALTH ATTORNEYS ACT, THE
24 ATTORNEY GENERAL SHALL HAVE THE AUTHORITY TO INVESTIGATE AND
25 TO INSTITUTE CRIMINAL PROCEEDINGS FOR ANY VIOLATION OF THIS
26 PART OR ANY SERIES OF SUCH VIOLATIONS INVOLVING ANY COUNTY OF
27 THIS COMMONWEALTH AND ANOTHER STATE. NO PERSON CHARGED WITH A
28 VIOLATION OF THIS PART BY THE ATTORNEY GENERAL SHALL HAVE
29 STANDING TO CHALLENGE THE AUTHORITY OF THE ATTORNEY GENERAL
30 TO INVESTIGATE OR PROSECUTE THE CASE, AND, IF ANY SUCH
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1 CHALLENGE IS MADE, THE CHALLENGE SHALL BE DISMISSED AND NO
2 RELIEF SHALL BE AVAILABLE IN THE COURTS OF THIS COMMONWEALTH
3 TO THE PERSON MAKING THE CHALLENGE.
4 (E) INSPECTION, SEIZURE AND WARRANTS.--
5 (1) THE BUREAU, THE DEPARTMENT AND THE PENNSYLVANIA
6 STATE POLICE SHALL HAVE THE AUTHORITY, WITHOUT NOTICE AND
7 WITHOUT WARRANT, TO DO ALL OF THE FOLLOWING IN THE
8 PERFORMANCE OF THEIR DUTIES:
9 (I) INSPECT AND EXAMINE ALL PREMISES WHERE SLOT
10 MACHINE OPERATIONS ARE CONDUCTED, GAMING DEVICES OR
11 EQUIPMENT ARE MANUFACTURED, SOLD, DISTRIBUTED OR SERVICED
12 OR WHERE RECORDS OF THESE ACTIVITIES ARE PREPARED OR
13 MAINTAINED.
14 (II) INSPECT ALL EQUIPMENT AND SUPPLIES IN, ABOUT,
15 UPON OR AROUND PREMISES REFERRED TO IN SUBPARAGRAPH (I).
16 (III) SEIZE, SUMMARILY REMOVE AND IMPOUND EQUIPMENT
17 AND SUPPLIES FROM PREMISES REFERRED TO IN SUBPARAGRAPH
18 (I) FOR THE PURPOSES OF EXAMINATION AND INSPECTION.
19 (IV) INSPECT, EXAMINE AND AUDIT ALL BOOKS, RECORDS
20 AND DOCUMENTS PERTAINING TO A SLOT MACHINE LICENSEE'S
21 OPERATION.
22 (V) SEIZE, IMPOUND OR ASSUME PHYSICAL CONTROL OF ANY
23 BOOK, RECORD, LEDGER, GAME, DEVICE, CASH BOX AND ITS
24 CONTENTS, COUNTING ROOM OR ITS EQUIPMENT OR SLOT MACHINE
25 OPERATIONS.
26 (2) THE PROVISIONS OF PARAGRAPH (1) SHALL NOT BE DEEMED
27 TO LIMIT WARRANTLESS INSPECTIONS EXCEPT IN ACCORDANCE WITH
28 CONSTITUTIONAL REQUIREMENTS.
29 (3) TO FURTHER EFFECTUATE THE PURPOSES OF THIS PART, THE
30 BUREAU AND THE PENNSYLVANIA STATE POLICE MAY OBTAIN
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1 ADMINISTRATIVE WARRANTS FOR THE INSPECTION AND SEIZURE OF
2 PROPERTY POSSESSED, CONTROLLED, BAILED OR OTHERWISE HELD BY
3 AN APPLICANT, LICENSEE, PERMITTEE, INTERMEDIARY, SUBSIDIARY,
4 AFFILIATE OR HOLDING COMPANY.
5 (F) INFORMATION SHARING AND ENFORCEMENT REFERRAL.--WITH
6 RESPECT TO THE ADMINISTRATION, SUPERVISION AND ENFORCEMENT OF
7 THIS PART, THE BUREAU, THE DEPARTMENT, THE PENNSYLVANIA STATE
8 POLICE OR THE OFFICE OF ATTORNEY GENERAL MAY OBTAIN OR PROVIDE
9 PERTINENT INFORMATION REGARDING APPLICANTS, LICENSEES OR
10 PERMITTEES FROM OR TO LAW ENFORCEMENT ENTITIES OR GAMING
11 AUTHORITIES OF THE COMMONWEALTH AND OTHER DOMESTIC, FOREIGN OR
12 FEDERALLY APPROVED JURISDICTIONS, INCLUDING THE FEDERAL BUREAU
13 OF INVESTIGATION, AND MAY TRANSMIT SUCH INFORMATION TO EACH
14 OTHER ELECTRONICALLY.
15 § 1518. PROHIBITED ACTS; PENALTIES.
16 (A) CRIMINAL OFFENSES.--
17 (1) THE PROVISIONS OF 18 PA.C.S. § 4902 (RELATING TO
18 PERJURY), 4903 (RELATING TO FALSE SWEARING) OR 4904 (RELATING
19 TO UNSWORN FALSIFICATION TO AUTHORITIES) SHALL APPLY TO ANY
20 PERSON PROVIDING INFORMATION OR MAKING ANY STATEMENT, WHETHER
21 WRITTEN OR ORAL, TO THE BOARD, THE BUREAU, THE DEPARTMENT,
22 THE PENNSYLVANIA STATE POLICE OR THE OFFICE OF ATTORNEY
23 GENERAL, AS REQUIRED BY THIS PART.
24 (2) IT IS UNLAWFUL FOR A PERSON TO WILLFULLY:
25 (I) FAIL TO REPORT, PAY OR TRUTHFULLY ACCOUNT FOR
26 AND PAY OVER ANY LICENSE FEE, TAX OR ASSESSMENT IMPOSED
27 UNDER THIS PART; OR
28 (II) ATTEMPT IN ANY MANNER TO EVADE OR DEFEAT ANY
29 LICENSE FEE, TAX OR ASSESSMENT IMPOSED UNDER THIS PARTY.
30 (3) IT IS UNLAWFUL FOR ANY LICENSED ENTITY, GAMING
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1 EMPLOYEE, KEY EMPLOYEE OR ANY OTHER PERSON TO PERMIT A SLOT
2 MACHINE TO BE OPERATED, TRANSPORTED, REPAIRED OR OPENED ON
3 THE PREMISES OF A LICENSED FACILITY BY A PERSON OTHER THAN A
4 PERSON LICENSED OR PERMITTED BY THE BOARD PURSUANT TO THIS
5 PART.
6 (4) IT IS UNLAWFUL FOR ANY LICENSED ENTITY OR OTHER
7 PERSON TO MANUFACTURE, SUPPLY OR PLACE SLOT MACHINES INTO
8 PLAY OR DISPLAY SLOT MACHINES ON THE PREMISE OF A LICENSED
9 FACILITY WITHOUT THE AUTHORITY OF THE BOARD.
10 (5) EXCEPT AS PROVIDED FOR IN SECTION 1326 (RELATING TO
11 LICENSE RENEWALS), IT IS UNLAWFUL FOR A LICENSED ENTITY OR
12 OTHER PERSON TO MANUFACTURE, SUPPLY, OPERATE, CARRY ON OR
13 EXPOSE FOR PLAY ANY SLOT MACHINE AFTER THE PERSON'S LICENSE
14 HAS EXPIRED AND PRIOR TO THE ACTUAL RENEWAL OF THE LICENSE.
15 (6) (I) EXCEPT AS SET FORTH IN PARAGRAPH (2), IT IS
16 UNLAWFUL FOR AN INDIVIDUAL ON THE PREMISES OF A LICENSED
17 FACILITY TO KNOWINGLY USE CURRENCY OTHER THAN LAWFUL COIN
18 OR LEGAL TENDER OF THE UNITED STATES OR A COIN NOT OF THE
19 SAME DENOMINATION AS THE COIN INTENDED TO BE USED IN THE
20 SLOT MACHINE.
21 (II) IN THE PLAYING OF A SLOT MACHINE, IT IS LAWFUL
22 FOR AN INDIVIDUAL TO USE GAMING BILLETS, TOKENS OR
23 SIMILAR OBJECTS ISSUED BY THE LICENSED GAMING ENTITY
24 WHICH ARE APPROVED BY THE BOARD.
25 (7) (I) EXCEPT AS SET FORTH IN PARAGRAPH (2), IT IS
26 UNLAWFUL FOR AN INDIVIDUAL ON THE PREMISES OF A LICENSED
27 FACILITY TO USE OR POSSESS A CHEATING OR THIEVING DEVICE,
28 COUNTERFEIT OR ALTERED BILLET, TICKET, TOKEN OR SIMILAR
29 OBJECTS ACCEPTED BY A SLOT MACHINE, OR COUNTERFEIT OR
30 ALTERED SLOT MACHINE-ISSUED TICKETS OR VOUCHERS.
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1 (II) AN AUTHORIZED EMPLOYEE OF A LICENSEE OR AN
2 EMPLOYEE OF THE BOARD MAY POSSESS AND USE A CHEATING OR
3 THIEVING DEVICE, COUNTERFEIT OR ALTERED BILLET, TICKET,
4 TOKEN OR SIMILAR OBJECTS ACCEPTED BY A SLOT MACHINE, OR
5 COUNTERFEIT OR ALTERED SLOT MACHINE-ISSUED TICKETS OR
6 VOUCHERS ONLY IN PERFORMANCE OF THE DUTIES OF EMPLOYMENT.
7 (III) AS USED IN THIS SUBSECTION, THE TERM "CHEATING
8 OR THIEVING DEVICE" INCLUDES, BUT IS NOT LIMITED TO, A
9 DEVICE TO FACILITATE THE ALIGNMENT OF ANY WINNING
10 COMBINATION OR TO REMOVE FROM ANY SLOT MACHINE MONEY OR
11 OTHER CONTENTS. THE TERM INCLUDES, BUT IS NOT LIMITED TO,
12 A TOOL, DRILL, WIRE, COIN OR TOKEN ATTACHED TO A STRING
13 OR WIRE AND ANY ELECTRONIC OR MAGNETIC DEVICE.
14 (8) (I) EXCEPT AS SET FORTH IN PARAGRAPH (2), IT IS
15 UNLAWFUL FOR AN INDIVIDUAL TO KNOWINGLY POSSESS OR USE
16 WHILE ON THE PREMISES OF A LICENSED FACILITY A KEY OR
17 DEVICE DESIGNED FOR THE PURPOSE OF AND SUITABLE FOR
18 OPENING OR ENTERING ANY SLOT MACHINE OR COIN BOX.
19 (II) AN AUTHORIZED EMPLOYEE OF LICENSEE OR A MEMBER
20 OF THE BOARD MAY POSSESS AND USE A DEVICE REFERRED TO IN
21 PARAGRAPH (1) ONLY IN THE PERFORMANCE OF THE DUTIES OF
22 EMPLOYMENT.
23 (9) IT IS UNLAWFUL FOR A PERSON OR LICENSED ENTITY TO
24 POSSESS ANY DEVICE, EQUIPMENT OR MATERIAL WHICH THE PERSON OR
25 LICENSED ENTITY KNOWS HAS BEEN MANUFACTURED, DISTRIBUTED,
26 SOLD, TAMPERED WITH OR SERVICED IN VIOLATION OF THIS PART.
27 (10) IT IS UNLAWFUL FOR AN INDIVIDUAL TO WORK OR BE
28 EMPLOYED IN A POSITION THE DUTIES OF WHICH WOULD REQUIRE
29 LICENSING OR PERMITTING UNDER THE PROVISIONS OF THIS PART
30 WITHOUT FIRST OBTAINING THE REQUISITE LICENSE OR PERMIT AS
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1 PROVIDED FOR IN THIS PART.
2 (11) IT IS UNLAWFUL FOR A LICENSED GAMING ENTITY THAT IS
3 A LICENSED RACING ENTITY AND THAT HAS LOST THE LICENSE ISSUED
4 TO IT BY EITHER THE STATE HORSE RACING COMMISSION OR THE
5 STATE HARNESS RACING COMMISSION UNDER THE RACE HORSE INDUSTRY
6 REFORM ACT, OR THAT HAS HAD THAT LICENSE SUSPENDED, TO
7 OPERATE SLOT MACHINES AT THE RACETRACK FOR WHICH ITS LICENSE
8 WAS ISSUED UNLESS THE LICENSE WILL BE SUBSEQUENTLY REISSUED
9 OR REINSTATED WITHIN 30 DAYS AFTER THE LOSS OR SUSPENSION.
10 (12) IT IS UNLAWFUL FOR A LICENSED ENTITY TO EMPLOY OR
11 CONTINUE TO EMPLOY IN A POSITION THE DUTIES OF WHICH REQUIRE
12 A LICENSE OR PERMIT UNDER THE PROVISIONS OF THIS PART:
13 (I) AN INDIVIDUAL NOT LICENSED OR PERMITTED UNDER
14 THE PROVISIONS OF THIS PART.
15 (II) AN INDIVIDUAL WHO IS PROHIBITED FROM ACCEPTING
16 EMPLOYMENT FROM A LICENSEE.
17 (13) IT IS UNLAWFUL FOR ANY PERSON UNDER 18 YEARS OF AGE
18 TO BE PERMITTED IN THE AREA WHERE SLOT MACHINES ARE OPERATED.
19 (B) CRIMINAL PENALTIES AND FINES.--
20 (1) (I) A PERSON THAT VIOLATES SUBSECTION (A)(1)
21 COMMITS AN OFFENSE TO BE GRADED IN ACCORDANCE WITH 18
22 PA.C.S. § 4902, 4903 OR 4904, AS APPLICABLE, FOR A FIRST
23 CONVICTION. A PERSON THAT IS CONVICTED OF A SECOND OR
24 SUBSEQUENT VIOLATION OF SUBSECTION (A)(1) COMMITS A
25 FELONY OF THE SECOND DEGREE.
26 (II) A PERSON THAT VIOLATES SUBSECTION (A)(2)
27 THROUGH (12) COMMITS A MISDEMEANOR OF THE FIRST DEGREE. A
28 PERSON THAT IS CONVICTED OF A SECOND OR SUBSEQUENT
29 VIOLATION OF SUBSECTION (A)(2) THROUGH (12) COMMITS A
30 FELONY OF THE SECOND DEGREE.
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1 (2) (I) FOR A FIRST VIOLATION OF SUBSECTION (A)(1)
2 THROUGH (12), A PERSON SHALL BE SENTENCED TO PAY A FINE
3 OF:
4 (A) NOT LESS THAN $75,000 NOR MORE THAN $150,000
5 IF THE PERSON IS AN INDIVIDUAL;
6 (B) NOT LESS THAN $300,000 NOR MORE THAN
7 $600,000 IF THE PERSON IS A LICENSED GAMING ENTITY;
8 OR
9 (C) NOT LESS THAN $150,000 NOR MORE THAN
10 $300,000 IF THE PERSON IS A LICENSED MANUFACTURER OR
11 SUPPLIER.
12 (II) FOR A SECOND OR SUBSEQUENT VIOLATION OF
13 SUBSECTION (A)(1) THROUGH (12), A PERSON SHALL BE
14 SENTENCED TO PAY A FINE OF:
15 (A) NOT LESS THAN $150,000 NOR MORE THAN
16 $300,000 IF THE PERSON IS AN INDIVIDUAL;
17 (B) NOT LESS THAN $600,000 NOR MORE THAN
18 $1,200,000 IF THE PERSON IS A LICENSED GAMING ENTITY;
19 OR
20 (C) NOT LESS THAN $300,000 NOR MORE THAN
21 $600,000 IF THE PERSON IS A LICENSED MANUFACTURER OR
22 SUPPLIER.
23 (C) BOARD-IMPOSED ADMINISTRATIVE SANCTIONS.--
24 (1) IN ADDITION TO ANY OTHER PENALTY AUTHORIZED BY LAW,
25 THE BOARD MAY IMPOSE WITHOUT LIMITATION THE FOLLOWING
26 SANCTIONS UPON ANY LICENSEE OR PERMITTEE:
27 (I) REVOKE THE LICENSE OR PERMIT OF ANY PERSON
28 CONVICTED OF A CRIMINAL OFFENSE UNDER THIS PART OR
29 REGULATIONS PROMULGATED UNDER THIS PART OR COMMITTING ANY
30 OTHER OFFENSE OR VIOLATION OF THIS PART OR APPLICABLE LAW
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1 WHICH WOULD OTHERWISE DISQUALIFY SUCH PERSON FROM HOLDING
2 THE LICENSE OR PERMIT.
3 (II) REVOKE THE LICENSE OR PERMIT OF ANY PERSON
4 DETERMINED TO HAVE VIOLATED A PROVISION OF THIS PART OR
5 REGULATIONS PROMULGATED UNDER THIS PART WHICH WOULD
6 OTHERWISE DISQUALIFY SUCH PERSON FROM HOLDING THE LICENSE
7 OR PERMIT.
8 (III) REVOKE THE LICENSE OR PERMIT OF ANY PERSON FOR
9 WILLFULLY AND KNOWINGLY VIOLATING OR ATTEMPTING TO
10 VIOLATE AN ORDER OF THE BOARD DIRECTED TO SUCH PERSON.
11 (IV) SUSPEND THE LICENSE OR PERMIT OF ANY PERSON
12 PENDING THE OUTCOME OF A HEARING IN ANY CASE IN WHICH
13 LICENSE OR PERMIT REVOCATION COULD RESULT.
14 (V) SUSPEND THE LICENSE OF ANY LICENSED GAMING
15 ENTITY FOR VIOLATION OF OR ATTEMPTING TO VIOLATE ANY
16 PROVISIONS OF THIS PART OR REGULATIONS PROMULGATED UNDER
17 THIS PART RELATING TO ITS SLOT MACHINE OPERATIONS.
18 (VI) ASSESS ADMINISTRATIVE PENALTIES AS NECESSARY TO
19 PUNISH MISCONDUCT AND TO DETER FUTURE VIOLATIONS.
20 (VII) ORDER RESTITUTION OF ANY MONEYS OR PROPERTY
21 UNLAWFULLY OBTAINED OR RETAINED BY A LICENSEE OR
22 PERMITTEE.
23 (VIII) ENTER CEASE AND DESIST ORDERS WHICH SPECIFY
24 THE CONDUCT WHICH IS TO BE DISCONTINUED, ALTERED OR
25 IMPLEMENTED BY THE LICENSEE OR PERMITTEE.
26 (IX) ISSUE LETTERS OF REPRIMAND OR CENSURE, WHICH
27 LETTERS SHALL BE MADE A PERMANENT PART OF THE FILE OF
28 EACH LICENSEE OR PERMITTEE SO SANCTIONED.
29 (2) IF THE BOARD REFUSES TO ISSUE OR RENEW A LICENSE OR
30 PERMIT, SUSPENDS OR REVOKES A LICENSE OR PERMIT, ASSESSES
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1 CIVIL PENALTIES, ORDERS RESTITUTION, ENTERS A CEASE AND
2 DESIST ORDER OR ISSUES A LETTER OF REPRIMAND OR CENSURE, IT
3 SHALL PROVIDE THE APPLICANT OR LICENSEE OR PERMITTEE WITH
4 WRITTEN NOTIFICATION OF ITS DECISION, INCLUDING A STATEMENT
5 OF THE REASONS FOR ITS DECISION BY CERTIFIED MAIL WITHIN FIVE
6 BUSINESS DAYS OF THE DECISION. ANY APPLICANT OR LICENSEE OR
7 PERMITTEE WHO HAS RECEIVED NOTICE OF A REFUSAL, SUSPENSION OR
8 REVOCATION OF A LICENSE OR PERMIT, THE ASSESSMENT OF CIVIL
9 PENALTIES, AN ORDER OF RESTITUTION, THE ENTRANCE OF A CEASE
10 AND DESIST ORDER OR THE ISSUANCE OF A LETTER OF REPRIMAND OR
11 CENSURE FROM THE BOARD SHALL HAVE THE RIGHT TO AN
12 ADMINISTRATIVE HEARING BEFORE THE BOARD IN ACCORDANCE WITH 2
13 PA.C.S. CH. 5 SUBCH. A (RELATING TO PRACTICE AND PROCEDURE OF
14 COMMONWEALTH AGENCIES) AND CH. 7 SUBCH. A (RELATING TO
15 JUDICIAL REVIEW OF COMMONWEALTH AGENCY ACTION).
16 (3) IN ADDITION TO ANY OTHER FINES OR PENALTIES THAT THE
17 BOARD MAY IMPOSE UNDER THIS PART OR REGULATION, IF A PERSON
18 VIOLATES SUBSECTION (A)(2), THE BOARD SHALL IMPOSE AN
19 ADMINISTRATIVE PENALTY OF THREE TIMES THE AMOUNT OF THE
20 LICENSE FEE, TAX OR OTHER ASSESSMENT EVADED AND NOT PAID,
21 COLLECTED OR PAID OVER. THIS SUBSECTION IS SUBJECT TO 2
22 PA.C.S. CH. 5 SUBCH. A AND CH. 7 SUBCH. A.
23 § 1520. AUTOMATED TELLER MACHINES.
24 THE BOARD SHALL PROMULGATE RULES AND REGULATIONS GOVERNING
25 THE PLACEMENT OF AUTOMATED TELLER MACHINES (ATMS).
26 § 1521. LIQUOR LICENSES AT LICENSED FACILITIES.
27 (A) REAPPLICATION.--NOTHING IN THIS PART SHALL REQUIRE A
28 PERSON ALREADY LICENSED TO SELL LIQUOR OR MALT OR BREWED
29 BEVERAGES TO REAPPLY FOR THE LICENSE, EXCEPT IN THE MANNER SET
30 FORTH IN THE ACT OF APRIL 12, 1951 (P.L.90, NO.21), KNOWN AS THE
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