Act 71 Pennsylvania Gaming Law Part 9 of 9

1 LIQUOR CODE.
2 (B) LICENSE AUTHORITY.--NOTWITHSTANDING ANY OTHER PROVISION
3 OF LAW, A PERSON HOLDING A SLOT MACHINE LICENSE WHICH IS ALSO
4 LICENSED TO SELL LIQUOR OR MALT OR BREWED BEVERAGES PURSUANT TO
5 THE LIQUOR CODE SHALL BE PERMITTED TO SELL, FURNISH OR GIVE
6 LIQUOR OR MALT OR BREWED BEVERAGES ON THE UNLICENSED PORTION OF
7 THE LICENSED GAMING FACILITY SO LONG AS THE LIQUOR OR MALT OR
8 BREWED BEVERAGES REMAIN ON THE FACILITY.
9 (C) NONLICENSEES.--NOTWITHSTANDING ANY OTHER PROVISION OF
10 LAW, A SLOT MACHINE LICENSEE WHICH IS NOT LICENSED TO SELL
11 LIQUOR OR MALT OR BREWED BEVERAGES SHALL BE ENTITLED TO APPLY TO
12 THE PENNSYLVANIA LIQUOR CONTROL BOARD FOR A RESTAURANT LIQUOR OR
13 EATING PLACE RETAIL DISPENSER LICENSE AS PERMITTED BY SECTION
14 472 OF THE LIQUOR CODE. THE FOLLOWING SHALL APPLY:
15 (1) LICENSES ISSUED UNDER THIS SECTION SHALL NOT BE
16 SUBJECT TO:
17 (I) THE PROXIMITY PROVISIONS OF SECTIONS 402 AND 404
18 OF THE LIQUOR CODE.
19 (II) THE QUOTA RESTRICTIONS OF SECTION 461 OF THE
20 LIQUOR CODE.
21 (III) THE PROVISIONS OF SECTION 493(10) OF THE
22 LIQUOR CODE EXCEPT AS THEY RELATE TO LEWD, IMMORAL OR
23 IMPROPER ENTERTAINMENT.
24 (IV) THE PROHIBITION AGAINST MINORS FREQUENTING AS
25 DESCRIBED IN SECTION 493(14) OF THE LIQUOR CODE.
26 (V) THE COST AND TOTAL DISPLAY AREA LIMITATIONS OF
27 SECTION 493(20)(I) OF THE LIQUOR CODE.
28 IN ADDITION, LICENSES ISSUED UNDER THIS SECTION SHALL NOT BE
29 SUBJECT TO THE PROVISIONS DEFINING "RESTAURANT" OR "EATING
30 PLACE" IN SECTION 102 OF THE LIQUOR CODE.
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1 (2) ABSENT GOOD CAUSE SHOWN CONSISTENT WITH THE PURPOSES
2 OF THIS PART, THE PENNSYLVANIA LIQUOR CONTROL BOARD SHALL
3 APPROVE AN APPLICATION FOR THE LICENSE FILED BY A LICENSED
4 GAMING ENTITY WITHIN 60 DAYS.
5 CHAPTER 18
6 FINGERPRINTING
7 SEC.
8 1801. DUTY TO PROVIDE.
9 1802. SUBMISSION OF FINGERPRINTS.
10 1803. COMMISSION EXEMPTION.
11 1804. BOARD EXEMPTION.
12 1805. REIMBURSEMENT.
13 § 1801. DUTY TO PROVIDE.
14 NOTWITHSTANDING THE PROVISIONS OF THE RACE HORSE INDUSTRY
15 REFORM ACT OR THIS PART, THE PENNSYLVANIA STATE POLICE SHALL AT
16 THE REQUEST OF THE COMMISSIONS OR THE BOARD, PROVIDE CRIMINAL
17 HISTORY BACKGROUND INVESTIGATIONS, WHICH SHALL INCLUDE RECORDS
18 OF CRIMINAL ARRESTS OR CONVICTIONS, ON APPLICANTS FOR LICENSURE
19 BY THE RESPECTIVE AGENCIES PURSUANT TO THE RACE HORSE INDUSTRY
20 REFORM ACT OR THIS PART. REQUESTS FOR CRIMINAL HISTORY
21 BACKGROUND INVESTIGATIONS MAY, AT THE DIRECTION OF THE
22 COMMISSIONS OR THE BOARD, INCLUDE BUT NOT BE LIMITED TO,
23 OFFICERS, DIRECTORS AND STOCKHOLDERS OF LICENSED CORPORATIONS,
24 KEY EMPLOYEES, GAMING EMPLOYEES, HORSE OWNERS, TRAINERS,
25 JOCKEYS, DRIVERS AND OTHER PERSONS PARTICIPATING IN THOROUGHBRED
26 OR HARNESS HORSE MEETINGS AND OTHER PERSONS AND VENDORS WHO
27 EXERCISE THEIR OCCUPATION OR EMPLOYMENT AT SUCH MEETINGS,
28 LICENSED FACILITIES OR LICENSED RACETRACK. FOR THE PURPOSES OF
29 THIS CHAPTER, THE BOARD AND COMMISSIONS MAY RECEIVE INFORMATION
30 OTHERWISE PROTECTED BY 18 PA.C.S. CH. 91 (RELATING TO CRIMINAL
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1 HISTORY RECORD INFORMATION).
2 § 1802. SUBMISSION OF FINGERPRINTS.
3 APPLICANTS UNDER THIS PART SHALL SUBMIT TO FINGERPRINTING BY
4 THE PENNSYLVANIA STATE POLICE. THE PENNSYLVANIA STATE POLICE
5 SHALL SUBMIT THE FINGERPRINTS IF NECESSARY, TO THE FEDERAL
6 BUREAU OF INVESTIGATION FOR PURPOSES OF VERIFYING THE IDENTITY
7 OF THE APPLICANTS AND OBTAINING RECORDS OF CRIMINAL ARRESTS AND
8 CONVICTIONS IN ORDER TO PREPARE CRIMINAL HISTORY BACKGROUND
9 INVESTIGATIONS UNDER SECTION 1801 (RELATING TO DUTY TO PROVIDE).
10 THE APPLICANT SHALL PAY FOR THE COST OF FINGERPRINTING.
11 § 1803. COMMISSION EXEMPTION.
12 A COMMISSION MAY EXEMPT APPLICANTS FOR POSITIONS NOT RELATED
13 TO THE CARE OR TRAINING OF HORSES, RACING, WAGERING, SECURITY OR
14 THE MANAGEMENT OF LICENSED CORPORATIONS FROM THE PROVISIONS OF
15 THIS CHAPTER.
16 § 1804. BOARD EXEMPTION.
17 THE BOARD MAY EXEMPT APPLICANTS WHO ARE NOT GAMING EMPLOYEES
18 OR KEY EMPLOYEES FROM THE PROVISIONS OF THIS CHAPTER.
19 § 1805. REIMBURSEMENT.
20 THE COMMISSIONS AND BOARD SHALL REIMBURSE THE PENNSYLVANIA
21 STATE POLICE FOR ACTUAL COSTS INCURRED, AS APPROVED BY THE
22 BOARD, FOR THE CONDUCTING OF INVESTIGATIONS UNDER THIS PART.
23 CHAPTER 19
24 MISCELLANEOUS PROVISIONS
25 SEC.
26 1901. APPROPRIATIONS.
27 1902. SEVERABILITY.
28 1903. REPEALS.
29 1904. EXCLUSIVE JURISDICTION OF SUPREME COURT.
30 § 1901. APPROPRIATIONS.
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1 (A) APPROPRIATION TO BOARD.--THE SUM OF $7,500,000 IS HEREBY
2 APPROPRIATED TO THE PENNSYLVANIA GAMING CONTROL BOARD FOR THE
3 FISCAL PERIOD JULY 1, 2004, TO JUNE 30, 2006, TO IMPLEMENT AND
4 ADMINISTER THE PROVISIONS OF THIS PART. THE MONEY APPROPRIATED
5 IN THIS SUBSECTION SHALL BE CONSIDERED A LOAN FROM THE GENERAL
6 FUND AND SHALL BE REPAID TO THE GENERAL FUND QUARTERLY
7 COMMENCING WITH THE DATE SLOT MACHINE LICENSEES BEGIN OPERATING
8 SLOT MACHINES UNDER THIS PART. THIS APPROPRIATION SHALL BE A
9 TWO-YEAR APPROPRIATION AND SHALL NOT LAPSE UNTIL JUNE 30, 2006.
10 (B) APPROPRIATION TO DEPARTMENT.--THE SUM OF $21,100,000 IS
11 HEREBY APPROPRIATED FROM THE GENERAL FUND TO THE DEPARTMENT OF
12 REVENUE FOR THE FISCAL PERIOD JULY 1, 2004, TO JUNE 30, 2006, TO
13 PREPARE FOR, IMPLEMENT AND ADMINISTER THE PROVISIONS OF THIS
14 PART. THE MONEY APPROPRIATED UNDER THIS SUBSECTION SHALL BE
15 CONSIDERED A LOAN FROM THE GENERAL FUND AND SHALL BE REPAID TO
16 THE GENERAL FUND QUARTERLY COMMENCING WITH THE DATE SLOT MACHINE
17 LICENSEES BEGIN OPERATING SLOT MACHINES UNDER THIS PART. THIS
18 APPROPRIATION SHALL BE A TWO-YEAR APPROPRIATION AND SHALL NOT
19 LAPSE UNTIL JUNE 30, 2006.
20 (C) APPROPRIATION TO PENNSYLVANIA STATE POLICE.--THE SUM OF
21 $7,500,000 IS HEREBY APPROPRIATED FROM THE GENERAL FUND TO THE
22 PENNSYLVANIA STATE POLICE FOR THE FISCAL PERIOD JULY 1, 2004 TO
23 JUNE 30, 2006, TO PREPARE FOR, IMPLEMENT AND ADMINISTER THE
24 PROVISIONS OF THIS PART. THE MONEY APPROPRIATED UNDER THIS
25 SUBSECTION SHALL BE CONSIDERED A LOAN FROM THE GENERAL FUND AND
26 SHALL BE REPAID TO THE GENERAL FUND QUARTERLY COMMENCING WHEN
27 ALL SLOT MACHINE LICENSEES BEGIN OPERATING SLOT MACHINES UNDER
28 THIS PART. THIS APPROPRIATION SHALL BE A TWO-YEAR APPROPRIATION
29 AND SHALL NOT LAPSE UNTIL JUNE 30, 2006.
30 § 1902. SEVERABILITY.
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1 (A) GENERAL RULE.--EXCEPT AS PROVIDED IN SUBSECTION (B), THE
2 PROVISIONS OF THIS PART ARE SEVERABLE. IF ANY PROVISION OF THIS
3 PART OR ITS APPLICATION TO ANY PERSON OR CIRCUMSTANCES IS HELD
4 INVALID, THE INVALIDITY SHALL NOT AFFECT OTHER PROVISIONS OR
5 APPLICATIONS OF THIS PART WHICH CAN BE GIVEN EFFECT WITHOUT THE
6 INVALID PROVISION OR APPLICATION.
7 (B) LIMITATION.--IF ANY OF THE PROVISIONS OF SECTION 1201
8 (RELATING TO PENNSYLVANIA GAMING CONTROL BOARD ESTABLISHED) OR
9 1209 (RELATING TO SLOT MACHINE LICENSE FEE) OR THEIR APPLICATION
10 TO ANY PERSON OR CIRCUMSTANCE ARE HELD TO BE INVALID BY ANY
11 COURT, THE REMAINING PROVISIONS OF THIS PART AND ITS APPLICATION
12 SHALL BE VOID.
13 § 1903. REPEALS.
14 (A) INCONSISTENT.--THE FOLLOWING ACTS AND PARTS OF ACTS ARE
15 REPEALED AS FOLLOWS:
16 (1) SECTION 493(29) OF THE ACT OF APRIL 12, 1951
17 (P.L.90, NO.21), KNOWN AS THE LIQUOR CODE, IS REPEALED
18 ABSOLUTELY.
19 (2) THE PROVISIONS OF 18 PA.C.S. § 5513(A) ARE REPEALED
20 INSOFAR AS THEY ARE INCONSISTENT WITH THIS PART.
21 (B) GENERAL.--ALL OTHER ACTS AND PARTS OF ACTS ARE REPEALED
22 INSOFAR AS THEY ARE INCONSISTENT WITH THIS PART.
23 § 1904. EXCLUSIVE JURISDICTION OF SUPREME COURT.
24 THE PENNSYLVANIA SUPREME COURT SHALL HAVE EXCLUSIVE
25 JURISDICTION TO HEAR ANY CHALLENGE TO OR TO RENDER A DECLARATORY
26 JUDGMENT CONCERNING THE CONSTITUTIONALITY OF THIS PART. THE
27 SUPREME COURT IS AUTHORIZED TO TAKE SUCH ACTION AS IT DEEMS
28 APPROPRIATE, CONSISTENT WITH THE SUPREME COURT RETAINING
29 JURISDICTION OVER SUCH A MATTER, TO FIND FACTS OR TO EXPEDITE A
30 FINAL JUDGMENT IN CONNECTION WITH SUCH A CHALLENGE OR REQUEST
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1 FOR DECLARATORY RELIEF.
2 SECTION 2. THIS ACT SHALL TAKE EFFECT IMMEDIATELY.


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