reglab/statecodes huggingface dataset:
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 4 - AMUSEMENTS › Chapter 35 - Application and Licensure › Section 3513 - Alternative supplier licensing standards

§ 3513. Alternative supplier licensing standards.
(a) Determination.--
(1) The board may determine whether the licensing standards of another jurisdiction within the United States in which an applicant for a supplier's license is similarly licensed are comprehensive and thorough and provide similar adequate safeguards as required by this part.
(2) If the board makes that determination, it may issue a supplier license to an applicant who holds a similar supplier license in another jurisdiction after conducting an evaluation of the information relating to the applicant from the other jurisdictions, as updated by the board, and evaluating other information related to the applicant received from that jurisdiction and other jurisdictions where the applicant may be licensed. The board may incorporate the information in whole or in part into its evaluation of the applicant.
(b) Abbreviated process.--
(1) In the event an applicant for a supplier license is licensed in another jurisdiction, the board may determine to use an abbreviated process requiring only that information determined by the board to be necessary to consider the issuance of a license, including financial viability of the applicant.
(2) Nothing in this section shall be construed to waive any fees associated with obtaining a license through the normal application process.
(c) Current license holders.--
In the event an applicant for a supplier license under this part holds a supplier license under section 1317 (relating to supplier licenses), the board may determine to use an abbreviated process requiring only that information determined by the board to be necessary to consider the issuance of a license, including financial viability of the applicant.
Cross References.
Section 3513 is referred to in section 3520 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 4 - AMUSEMENTS › Chapter 35 - Application and Licensure › Section 3514 - Establishment licenses

§ 3514. Establishment licenses.
(a) General requirements.--
A truck stop establishment that submits an application for an establishment license shall include at a minimum:
(1) The name, address and photograph of the applicant and additional financial information required by the board.
(2) A description of the proposed surveillance and security measures to ensure the security of the proposed video gaming area.
(3) A current tax lien certificate issued by the department.
(4) The criminal history record of the applicant, principal and key employees and a consent for the bureau to conduct a background investigation on the applicant, principals and key employees.
(5) Other information determined to be appropriate by the board.
(b) Nontransferability.--
A license issued under this section shall be nontransferable.
(c) Ongoing duty.--
An establishment applying for a license under this section shall continue to provide information required by the board or the bureau and cooperate in any inquiry or investigation.
(d) Review and approval.--
Upon being satisfied that the requirements of subsection (a) have been met, the board may approve the application and issue the applicant an establishment license consistent with all of the following:
(1) (i) The license shall be valid for a period of five years.
(ii) Nothing in this paragraph shall be construed to relieve a licensee of the affirmative duty to notify the board of a change relating to the status of its license or to information contained in application materials on file with the board.
(2) The license shall be nontransferable.
(3) Other conditions established by the board.
(e) Renewal.--
(1) At least three months prior to expiration of an establishment license, the establishment licensee seeking renewal of its license shall submit a renewal application accompanied by the renewal fee to the board.
(2) If the renewal application satisfies the requirements of subsection (d), the board may renew the licensee's establishment license.
(3) If the board receives a complete renewal application but fails to act upon the renewal application prior to the expiration of the establishment license, the establishment license shall continue in effect until acted upon by the board.
(f) Requirement.--
In order to be eligible for an establishment license, a truck stop establishment must be licensed as a lottery sales agent under section 305 of the act of August 26, 1971 (P.L.351, No.91), known as the State Lottery Law, and licensed to take any actions authorized by the designation.
Cross References.
Section 3514 is referred to in section 3508 of this title; section 502 of Title 53 (Municipalities Generally).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 4 - AMUSEMENTS › Chapter 35 - Application and Licensure › Section 3515 - License or permit prohibition

§ 3515. License or permit prohibition.
The following apply:
(1) The board shall be prohibited from granting a license under this part to any applicant who has been convicted of a felony offense in any jurisdiction.
(2) In addition to the prohibition under paragraph (1), the board shall be prohibited from granting the following:
(i) A principal license or key employee license to an individual who has been convicted in a jurisdiction of a misdemeanor gambling offense, unless 15 years have elapsed from the date of conviction for the offense.
(ii) A gaming employee permit or a license other than a principal license or key employee license to an individual who has been convicted in a jurisdiction of a misdemeanor gambling offense, unless 15 years have elapsed from the date of conviction for the offense.
(iii) An establishment license to an applicant who has been convicted in a jurisdiction of a misdemeanor gambling offense, unless 15 years have elapsed from the date of conviction for the offense.
(3) Following the expiration of any prohibition period applicable to an applicant under paragraph (2), in determining whether to issue a license or permit, the board shall consider the following factors:
(i) The nature and duties of the applicant's position with the licensed entity.
(ii) The nature and seriousness of the offense or conduct.
(iii) The circumstances under which the offense or conduct occurred.
(iv) The age of the applicant when the offense or conduct was committed.
(v) Whether the offense or conduct was an isolated or a repeated incident.
(vi) Evidence of rehabilitation, including good conduct in the community, counseling or psychiatric treatment received and the recommendation of persons who have substantial contact with the applicant.
(4) For purposes of this section, a felony offense is any of the following:
(i) An offense classified as a felony or punishable under the laws of this Commonwealth by imprisonment for more than five years.
(ii) An offense which, under the laws of another jurisdiction, is:
(A) classified as a felony; or
(B) punishable by imprisonment for more than five years.
(iii) An offense under the laws of another jurisdiction which, if committed in this Commonwealth, would be subject to imprisonment for more than five years.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 4 - AMUSEMENTS › Chapter 35 - Application and Licensure › Section 3519 - Multiple licenses prohibited

§ 3519. Multiple licenses prohibited.
(a) Manufacturer restriction.--
A manufacturer may not be licensed as a terminal operator or own, manage or control an establishment licensee or terminal operator licensee, but may also be licensed as a supplier.
(b) Supplier restriction.--
A supplier may not be licensed as a terminal operator or own, manage or control an establishment licensee or terminal operator licensee.
(c) Terminal operator restriction.--
A terminal operator may not be licensed as a manufacturer or supplier or own, manage or control an establishment licensee or own, manage or control premises used by an establishment licensee.
(d) Establishment restriction.--
An establishment licensee may not be licensed as a manufacturer, supplier or terminal operator.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 4 - AMUSEMENTS › Chapter 37 - Operation › Section 3704 - Terminal placement agreements

§ 3704. Terminal placement agreements.
(a) General rule.--
No terminal operator licensee may place and operate video gaming terminals on the premises of an establishment licensee unless pursuant to a terminal placement agreement approved by the board. Approval shall be presented upon connection of one or more video gaming terminals at the establishment licensee to the central control computer.
(b) Form of agreement.--
The board shall establish through regulation minimum standards for terminal placement agreements.
(c) Length of agreement.--
Terminal placement agreements shall be valid for a minimum 60-month term but shall not exceed a 120-month term.
(d) Provisions required.--
A terminal placement agreement shall include a provision that:
(1) Renders the agreement invalid if either the terminal operator license or terminal operator application or the establishment license or establishment licensee application is denied, revoked, not renewed, withdrawn or surrendered.
(2) Provides the establishment licensee no more or less than 15% of gross terminal revenue from each video gaming terminal located on the premises of the establishment licensee.
(3) Identifies who solicited the terminal placement agreement on behalf of a terminal operator licensee or applicant.
(e) Parties to agreement.--
Only an establishment licensee or applicant may sign or agree to sign a terminal placement agreement with an applicant for a terminal operator license or a terminal operator licensee.
(f) Void agreements.--
An agreement entered into by a truck stop establishment prior to the effective date of this section with a person or entity for the placement, operation, service or maintenance of video gaming terminals, including an agreement granting a person or entity the right to enter into an agreement or match any offer made after the effective date of this section shall be void and may not be approved by the board.
(g) Transferability of agreements.--
No terminal placement agreement may be transferred or assigned unless the individual or entity making the assignment is either a terminal operator applicant or terminal operator licensee and the individual or entity receiving the assignment of the terminal placement agreement is either a terminal operator applicant or terminal operator licensee under this chapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 4 - AMUSEMENTS › Chapter 37 - Operation › Section 3705 - Duties of licensees

§ 3705. Duties of licensees.
A person issued a license under this part shall:
(1) Provide assistance or information required by the board, the bureau, the department or the Pennsylvania State Police and to cooperate in inquiries, investigations and hearings.
(2) Consent to inspections, searches and seizures.
(3) Inform the board of actions that the person believes would constitute a violation of this part.
(4) Inform the board of arrests for violations of offenses enumerated under 18 Pa.C.S. (relating to crimes and offenses).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 4 - AMUSEMENTS › Chapter 37 - Operation › Section 3706 - Compulsive and problem gambling

§ 3706. Compulsive and problem gambling.
(a) Required posting.--
(1) An establishment licensee shall conspicuously post signs similar to the following statement:
If you or someone you know has a gambling problem, help is available. Call (Toll-free telephone number) or Text (Toll-free telephone number).
(2) At least one sign shall be posted within the video gaming area and at least one sign shall be posted within five feet of each automated teller machine located within the establishment licensee's premises, if applicable.
(b) Toll-free telephone number.--
The toll-free telephone number required to be posted in subsection (a) shall be the same number maintained by the Department of Drug and Alcohol Programs or successor agency under section 3310 (relating to Department of Drug and Alcohol Programs).
(c) Problem gambling information.--
(1) An establishment licensee shall have available on its premises access to materials regarding compulsive and problem gambling assistance.
(2) The available materials required by paragraph (1) shall be a uniform, Statewide handout developed by the board in consultation with the Department of Drug and Alcohol Programs or successor agency.
(3) The available materials required by paragraph (1) shall be displayed conspicuously at least within the video gaming area.
(d) Mandatory training.--
(1) The board's Office of Compulsive and Problem Gambling, in consultation with the Department of Drug and Alcohol Programs or successor agency, shall develop a mandatory training program for employees and management of an establishment licensee who oversee the establishment licensee's video gaming area. The training program shall address responsible gaming and other compulsive and problem gambling issues related to video gaming terminals.
(2) The board shall establish a fee to cover the cost of the mandatory training program.
(3) At least one employee of the establishment licensee who holds a valid occupation permit and has successfully completed the training program shall be located on the premises and supervising the video gaming area during all times video gaming terminals are available for play.
(e) Penalty.--
An establishment licensee that fails to fulfill the requirements of subsection (a), (b), (c) or (d) shall be assessed by the board an administrative penalty and may have its establishment license suspended. When determining the penalty and number of suspension days, the board shall consider the length of time in which the materials were not available or a trained employee was not located on the premises as required by subsection (d)(3).
Cross References.
Section 3706 is referred to in section 3702 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 4 - AMUSEMENTS › Chapter 39 - Enforcement › Section 3902 - Repeat offenders

§ 3902. Repeat offenders.
(a) Discretion to exclude or eject.--
An establishment licensee may exclude or eject from the establishment licensee's video gaming area or premises a person who is known to it to have been convicted of a misdemeanor or felony committed in or on the premises of a licensed establishment.
(b) Construction.--
Nothing in this section or in any other law of this Commonwealth shall be construed to limit the right of an establishment licensee to exercise its common law right to exclude or eject permanently from its video gaming area or premises a person who:
(1) disrupts the operations of its premises;
(2) threatens the security of its premises or its occupants; or
(3) is disorderly or intoxicated.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 4 - AMUSEMENTS › Chapter 39 - Enforcement › Section 3903 - Self-exclusion

§ 3903. Self-exclusion.
(a) Establishment of list.--
(1) The board shall provide by regulation for the establishment of a list of persons self-excluded from video gaming activities within specific establishment licensees or establishment licensees in geographic areas of the Commonwealth.
(2) A person may request placement on the list of self-excluded persons by:
(i) acknowledging in a manner to be established by the board that the person is a problem gambler;
(ii) agreeing that, during any period of voluntary exclusion, the person may not collect any winnings or recover any losses resulting from any video gaming activity within establishment licensees and that person may be subject to arrest for trespass; and
(iii) agreeing to another condition established by the board.
(b) Regulations.--
The regulations of the board shall establish:
(1) Procedures for placement on and removal from the list of a self-excluded person.
(2) Procedures for the transmittal to establishment licensees of identifying information concerning a self-excluded person and shall require establishment licensees to establish reasonable procedures designed at a minimum to prevent entry of a self-excluded person into the video gaming area of an establishment licensee, provided that the board may not require video gaming terminals to be equipped with identification card-reading devices or require establishment licensees to purchase identification card-reading devices.
(3) Procedures for the transmittal to terminal operator licensees of identifying information concerning a self-excluded person and shall require terminal operator licensees to establish procedures to remove self-excluded persons from customer loyalty or reward card programs and targeted mailings or other forms of advertising or promotions.
(c) Liability.--
An establishment licensee or employee thereof shall not be liable to a self-excluded person or to another party in a judicial proceeding for harm, monetary or otherwise, which may arise as a result of:
(1) the failure of the establishment licensee to withhold video gaming privileges from or restore video gaming privileges to the self-excluded person; or
(2) otherwise permitting or not permitting the self-excluded person to engage in video gaming activity within the establishment licensee's premises while on the list of self-excluded persons.
(d) Nondisclosure.--
Notwithstanding any other law to the contrary, the board's list of self-excluded persons shall not be open to public inspection.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 4 - AMUSEMENTS › Chapter 39 - Enforcement › Section 3908 - Detention

§ 3908. Detention.
(a) General rule.--
A peace officer who has probable cause to believe that criminal violation of this part has occurred or is occurring on or about an establishment licensee's premises and who has probable cause to believe that a specific individual has committed or is committing the criminal violation may detain the individual in a reasonable manner for a reasonable time on the premises of the establishment licensee to require the suspect to identify himself, to verify such identification or to inform a peace officer.
(b) Immunity.--
A peace officer shall not be subject to civil or criminal liability for detention of an individual in accordance with subsection (a).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 4 - AMUSEMENTS › Chapter 41 - Revenues › Section 4101 - Fees

§ 4101. Fees.
(a) Application fees.--
The following nonrefundable application fees shall accompany an application for the following licenses or permits applied for under Chapter 35 (relating to application and licensure):
(1) For a manufacturer or supplier license, $50,000.
(2) For a terminal operator license, $25,000.
(3) For an establishment license, $1,000.
(4) For a key employee or principal license, $500.
(5) For any other authorization or permit authorized by this part, an amount established by the board, through regulation, which may not exceed $100.
(b) Initial license and renewal fees.--
The following nonrefundable fees shall be required upon issuance of an initial license and shall accompany an application for renewal for the following licenses or permits under Chapter 35:
(1) For a manufacturer or supplier license, $10,000.
(2) For a terminal operator license, $5,000.
(3) For an establishment license, an amount equal to $250 per each video gaming terminal in operation at the premises of the establishment licensee.
(4) For a key employee, procurement agent license or principal license, $500.
(5) For any other authorization or license authorized by this part, an amount established by the board, through regulation, which may not exceed $100.
(c) Terminal increase fee.--
An establishment licensee that increases the total number of video gaming terminals within the establishment after submission of the renewal fee required in subsection (b) shall provide the board with a $250 renewal fee for each additional video gaming terminal added to the establishment within 60 days of installation of each additional video gaming terminal.
(d) Deposit of fees.--
Fees collected under this section shall be deposited into the General Fund.
Cross References.
Section 4101 is referred to in sections 3516, 3517, 3520, 3701 of this title; section 502 of Title 53 (Municipalities Generally).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 4 - AMUSEMENTS › Chapter 41 - Revenues › Section 4102 - Taxes and assessments

§ 4102. Taxes and assessments.
(a) Fund established.--
The Video Gaming Fund is established in the State Treasury. Money in the fund is hereby appropriated to the department on a continuing basis for the purposes under subsection (c).
(b) Video gaming terminal tax and assessments.--
(1) The department shall determine and each terminal operator licensee shall pay on a bimonthly basis:
(i) A tax of 42% of its gross terminal revenue from all video gaming terminals operated by the terminal operator licensee within this Commonwealth.
(ii) A 10% local share assessment from its gross terminal revenue.
(iii) A regulatory assessment established in section 4104 (relating to regulatory assessments) from the terminal operator licensee's weekly gross terminal revenue.
(2) All money owed under this section shall be held in trust by the terminal operator licensee until the money is paid or transferred to the Video Gaming Fund.
(3) Unless otherwise agreed to by the board, a terminal operator licensee shall establish a separate bank account to maintain gross terminal revenue until such time as the money is paid or transferred under this section.
(c) Transfers and distributions.--
The department shall:
(1) Transfer the tax imposed under subsection (b) to the Video Gaming Fund.
(2) (Reserved).
(3) Transfer the regulatory assessment imposed under subsection (b) in accordance with section 4104.
Cross References.
Section 4102 is referred to in sections 3102, 4103 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 4 - AMUSEMENTS › Chapter 41 - Revenues › Section 4103 - Distribution of local share

§ 4103. Distribution of local share.
(a) Distribution.--
(1) (Reserved).
(2) The department shall on a quarterly basis deposit the local share assessment imposed under section 4102(b)(1)(ii) (relating to taxes and assessments) into a restricted receipts account to be established in the Commonwealth Financing Authority to be used exclusively for grants for projects in the public interest within the Commonwealth.
(b) Duty of terminal operator.--
A terminal operator licensee shall continuously provide the department with records, documents or other information necessary to effectuate the requirements of subsection (a).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 4 - AMUSEMENTS › Chapter 41 - Revenues › Section 4104 - Regulatory assessments

§ 4104. Regulatory assessments.
(a) Accounts established.--
The State Treasurer shall establish within the State Treasury an account for each terminal operator for the deposit of a regulatory assessment amount required under subsection (b) to recover costs or expenses incurred by the board, the department, the Pennsylvania State Police and the Office of Attorney General in carrying out their powers and duties under this part based upon a budget submitted by the department under subsection (c).
(b) Bi-monthly deposits.--
(1) The department shall determine the appropriate assessment amount for each terminal operator licensee, which shall be a percentage assessed on the terminal operator licensee's bi-monthly gross terminal revenue.
(2) The percentage assessed shall not exceed an amount equal to the costs or expenses incurred by the board, the department, the Pennsylvania State Police or the Office of Attorney General in carrying out their powers and duties under this part based upon a budget submitted by the department under subsection (c).
(c) Itemized budget reporting.--
(1) The department shall prepare and annually submit to the chairperson and minority chairperson of the Appropriations Committee of the Senate and the chairperson and minority chairperson of the Appropriations Committee of the House of Representatives an itemized budget consisting of amounts to be appropriated out of the accounts established under this section necessary to administer this part.
(2) As soon as practicable after submitting copies of the itemized budget, the department shall submit to the chairperson and minority chairperson of the Appropriations Committee of the Senate and the chairperson and minority chairperson of the Appropriations Committee of the House of Representatives analyses of and recommendations regarding the itemized budget.
(3) The itemized budget required under paragraph (1) shall be submitted in conjunction with the budget required to be submitted under section 1202(b)(28) (relating to general and specific powers).
(d) Appropriation.--
(1) Costs and expenses may be paid from the accounts established under subsection (a) only upon appropriation by the General Assembly.
(2) If the total costs or expenses incurred by the board, the department, the Pennsylvania State Police or the Office of Attorney General exceed the amounts available in the accounts established under subsection (a), the General Assembly may appropriate additional amounts to the board, the department, the Pennsylvania State Police or the Office of Attorney General from the Video Gaming Fund.
Cross References.
Section 4104 is referred to in sections 3301, 4102 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 4 - AMUSEMENTS › Chapter 41 - Revenues › Section 4105 - Transfers from Video Gaming Fund

§ 4105. Transfers from Video Gaming Fund.
(a) Transfer for compulsive and problem gambling treatment.--
On June 30, 2018, and on the last day of each fiscal year thereafter, the State Treasurer shall transfer from the Video Gaming Fund an amount equal to 0.002 multiplied by the total gross terminal revenue of all terminal operator licensees to the Compulsive and Problem Gambling Treatment Fund established in section 1509 (relating to compulsive and problem gambling program).
(b) General Fund transfer.--
On June 30, 2018, and on the last day of each fiscal year thereafter, the State Treasurer shall transfer the remaining balance in the Video Gaming Fund that is not transferred under subsection (a) to the General Fund.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 4 - AMUSEMENTS › Chapter 45 - Miscellaneous Provisions › Section 4502 - Declaration of exemption from Federal laws prohibiting video gaming terminals

§ 4502. Declaration of exemption from Federal laws prohibiting video gaming terminals.
(a) Declaration.--
Under the Gambling Devices Transportation Act (64 Stat. 1134, 15 U.S.C. § 1171 et seq.), the Commonwealth declares that it is exempt from section 2 of that act.
(b) Legal shipments.--
All shipments of gambling devices, as defined in section 1 of the Gambling Devices Transportation Act, into this Commonwealth, the registering, recording and labeling of which has been effected by the manufacturer and supplier of those devices in accordance with sections 3 and 4 of the Gambling Devices Transportation Act, shall be deemed legal shipments of gambling devices into this Commonwealth.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 4 - AMUSEMENTS › Chapter 45 - Miscellaneous Provisions › Section 4503 - Preemption of local taxes and license fees

§ 4503. Preemption of local taxes and license fees.
(a) Statutes.--
Video gaming terminals shall be exempt from taxes levied under the following:
(1) The act of August 5, 1932 (Sp.Sess., P.L.45, No.45), referred to as the Sterling Act.
(2) The act of December 31, 1965 (P.L.1257, No.511), known as The Local Tax Enabling Act.
(3) 53 Pa.C.S. Pt. III Subpt. E (relating to home rule and optional plan government).
(4) Any statute that confers taxing authority to a political subdivision.
(b) Licensing fees.--
Video gaming terminals are exempt from local licensing fees.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 4 - AMUSEMENTS › Chapter 45 - Miscellaneous Provisions › Section 4504 - Exclusive jurisdiction of Supreme Court

§ 4504. Exclusive jurisdiction of Supreme Court.
The Pennsylvania Supreme Court shall have exclusive jurisdiction to hear a challenge to or to render a declaratory judgment concerning the constitutionality of this part. The Pennsylvania Supreme Court may take such action as it deems appropriate, consistent with the Pennsylvania Supreme Court retaining jurisdiction over the matter, to find facts or to expedite a final judgment in connection with a challenge or request for declaratory relief.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 4 - AMUSEMENTS › Chapter 45 - Miscellaneous Provisions › Section 4506 - Host county option

§ 4506. Host county option.
(a) General rule.--
A county that hosts a Category 1, Category 2 or Category 3 licensed facility on the effective date of this section shall have the option to prohibit the placement of video gaming terminals within the host county by delivering a resolution of the county governing body to the board within 60 days of the effective date of this section. No video gaming terminals may be operated in a host county that has exercised the option to prohibit video gaming terminals under this section.
(b) Rescission of prohibition.--
(1) Subject to paragraph (2), a host county that prohibits video gaming terminals within the host county under subsection (a) may rescind that prohibition at any time by delivering a new resolution of the county governing body to the board.
(2) A host county that rescinds its prior prohibition according to paragraph (1) may not subsequently prohibit video gaming terminals in the host county under this section.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 5 - ATHLETICS AND SPORTS › Extra - Title Notes

Special Provisions in Appendix.
See sections 2 and 4 of Act 32 of 1992 in the appendix to this title for special provisions
            relating to status of existing licenses and permits and effect of prior rules and
            regulations.
Special Provisions in Appendix.
See section 3 of Act 32 of 1992 in the appendix to this title for special provisions
            relating to current members of State Athletic Commission and Medical Advisory Board.
05c103s
Special Provisions in Appendix.
See section 5 of Act 139 of 2022 in the appendix to this title for special provisions
            relating to continuation of prior law.
05c3701s
Enactment.
Unless otherwise noted, the provisions of Title 5 were added May 13, 1992, P.L.180,
            No.32, effective immediately.
Enactment.
Part I was added May 13, 1992, P.L.180, No.32, effective immediately.
Enactment.
Part II was added December 9, 2002, P.L.1423, No.180, effective in 60 days.
Prior Provisions.
Former Part II, which related to the same subject matter, was added January 27, 1998,
            P.L.13, No.2, and repealed December 9, 2002, P.L.1423, No.180, effective in 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 5 - ATHLETICS AND SPORTS › Extra - Appendix To Title

APPENDIX TO TITLE 5
ATHLETICS AND SPORTS
Supplementary Provisions of Amendatory Statutes
1992, MAY 13, P.L.180, NO.32
§ 2. Status of existing licenses and permits.
This act shall not adversely affect licenses or permits issued under or otherwise valid under the act of July 1, 1989 (P.L.136, No.28), known as the Athletic Code, or the act of July 1, 1989 (P.L.160, No.29), known as the Professional Wrestling Act. This act shall not affect any suspensions, revocations or other action taken with respect to licenses and permits by the Department of State or the State Athletic Commission under applicable law.
Explanatory Note.
Act 32 added Part I of Title 5.
§ 3. Current members of State Athletic Commission and Medical Advisory Board.
Any person who is a member of the State Athletic Commission or the Medical Advisory Board on the effective date of this act shall serve on the commission or board for a term of two years from his date of appointment and until his successor is appointed and qualified.
§ 4. Effect of prior rules and regulations.
All rules and regulations made pursuant to or valid under any act repealed by this act shall continue in force and effect unless contrary to the provisions of 5 Pa.C.S. Pt. I (relating to boxing and wrestling).
§ 5. Repayment of appropriation.
The appropriation under section 3107 of the act of July 1, 1989 (P.L.136, No.28), known as the Athletic Code, shall be repaid by the State Athletic Commission to the Professional Licensure Augmentation Account by June 30, 1995.
2022, NOVEMBER 3, P.L.1996, NO.139
§ 5. Continuation of prior law.
The addition of 5 Pa.C.S. Ch. 37 is a continuation of Article XX-K of the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949. All activities initiated under Article XX-K of the Public School Code of 1949 shall continue and remain in full force and effect and may be completed under 5 Pa.C.S. Ch. 37. Orders, regulations, rules and decisions which were made under Article XX-K of the Public School Code of 1949 and which are in effect on the effective date of section 4(4) of this act shall remain in full force and effect until revoked, vacated or modified under 5 Pa.C.S. Ch. 37. Contracts, obligations and collective bargaining agreements entered into under Article XX-K of the Public School Code of 1949 are not affected nor impaired by the repeal of Article XX-K of the Public School Code of 1949.
Explanatory Note. Act 139 amended, added or repealed the heading of Part II, Subparts A and B and Chapters 35 and 37 of Title 5.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 5 - ATHLETICS AND SPORTS › Chapter 1 - Preliminary Provisions › Section 101 - Definitions

§ 101. Definitions.
Subject to additional definitions contained in subsequent provisions of this part which are applicable to specific provisions of this part, the following words and phrases when used in this part shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Commission."
The State Athletic Commission.
"Department."
The Department of State of the Commonwealth.
"Executive director."
The executive director of the State Athletic Commission.
"Secretary."
The Secretary of the Commonwealth.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 5 - ATHLETICS AND SPORTS › Chapter 1 - Preliminary Provisions › Section 102 - State Athletic Commission

§ 102. State Athletic Commission.
(a) Composition.
--The State Athletic Commission shall be composed of three members appointed by the Governor with the advice and consent of a majority of the members elected to the Senate. The Governor shall designate one of the members as chairman. The secretary and the chairman of the Medical Advisory Board established under section 501 (relating to Medical Advisory Board) shall be ex officio members of the commission. Each appointment shall be for a term of four years.
(b) Compensation.
--Each commissioner, except the secretary and the chairman of the Medical Advisory Board, shall receive a salary of $10,000 annually. The chairman of the commission shall receive a salary of $10,500 annually. The commissioners and the chairman of the Medical Advisory Board shall also receive reasonable and necessary travel expenses incurred as a direct result of their duties as members of the commission. The expenses incurred by the commissioners shall be allowed and paid on the presentation of itemized vouchers therefor, which vouchers shall be subject to the approval of the secretary.
(c) Removal.
--Except as authorized under this section, no commissioner may be removed from office during his term. The Governor may, upon clear and convincing evidence of misfeasance or malfeasance in office or neglect of duty, remove a commissioner prior to the expiration of the term. The Governor shall then provide the commissioner so removed with a detailed written statement of the reasons for removal.
(d) Quorum requirement.
--Two members of the commission shall constitute a quorum.
Special Provisions in Appendix.
See section 3 of Act 32 of 1992 in the appendix to this title for special provisions relating to current members of State Athletic Commission and Medical Advisory Board.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 5 - ATHLETICS AND SPORTS › Chapter 1 - Preliminary Provisions › Section 103 - Duties of commission

§ 103. Duties of commission.
(a) Meetings.
--The commission shall hold regular meetings at least once every two months to carry out the requirements of this part, which shall include the consideration of any rules or regulations or amendments thereto which are recommended by the executive director. The meetings shall be open to the public. The meeting times shall be scheduled one year in advance and shall be published in the Pennsylvania Bulletin.
(b) General duties.
--In addition to any other power specifically granted by this part, the commission:
(1) May establish policy and shall promulgate rules and regulations regarding professional and amateur boxing contests and exhibitions held within this Commonwealth and the presentation of such contests and exhibitions and all matters pertaining thereto, except such contests and exhibitions as are specifically exempted from this part.
(2) Shall promulgate rules and regulations regarding collection of taxes on professional wrestling exhibitions.
(3) May establish policy and promulgate rules and regulations regarding professional and amateur wrestling contests as authorized under Chapter 21 (relating to regulation of professional wrestling contests and exhibitions). The rules and regulations authorized under this section include those rules and regulations required by this part, together with such others as the commission considers necessary in order to carry out the provisions of this part.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 5 - ATHLETICS AND SPORTS › Chapter 1 - Preliminary Provisions › Section 104 - Appointment and qualifications of executive director

§ 104. Appointment and qualifications of executive director.
The secretary shall appoint an executive director of the commission with administrative experience and other qualifications indicating he is familiar with the activities to be regulated by this part. The executive director shall serve at the pleasure of the secretary. The executive director's salary shall be fixed by the secretary with the approval of the Governor, and the executive director shall hold no other paid public position.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 5 - ATHLETICS AND SPORTS › Chapter 1 - Preliminary Provisions › Section 105 - Powers and duties of executive director

§ 105. Powers and duties of executive director.
The executive director shall supervise the administrative work of the commission. The executive director shall have the power and duty:
(1) To attend the meetings of the commission.
(2) To recommend to the commission suspension or revocation of any license or permit issued pursuant to this part for violations of any provisions of this part or the rules and regulations of the commission or when such action is necessary to protect the public welfare.
(3) To supervise and direct staff appointed by the secretary engaged in work directly related to the implementation of this part.
(4) To prepare and recommend to the commission rules and regulations and amendments thereto regarding the matters regulated under this part.
(5) To implement and supervise a drug testing program of all athletes licensed under Subpart B (relating to boxing) in consultation with the Medical Advisory Board and the Department of Health.
(6) To present the standing committees of both Houses of the General Assembly with an annual review of the commission's rules and regulations.
(7) To establish and maintain a record of all boxers licensed under Subpart B, showing for each licensee all of the following:
(i) The date licensed.
(ii) The results of prefight and postfight physicals.
(iii) Any fictitious or assumed names by which the licensee competes.
(iv) The number and dates of any suspensions of the licensee.
(v) The dates when the licensee is knocked out.
(vi) The licensee's record from other states.
(8) To administer and make effective the provisions of this part and the rules and regulations made under this part.
(9) To conduct a substantial portion of the activities required by this part at a single central location, wherein all records of the commission shall be maintained.
(10) To prepare an annual budget for the consideration of the commission, showing the costs of operation and revenues received in the previous fiscal year and the estimated costs of operations and revenues to be received in the next fiscal year. The budget shall be approved by the commission and forwarded to the secretary in a timely fashion for his review and inclusion in the budget request of the department.
(11) To aid the commission in the promotion of boxing contests in this Commonwealth.
(12) To supervise collection of taxes on professional wrestling exhibitions.
Cross References.
Section 105 is referred to in section 709 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 5 - ATHLETICS AND SPORTS › Chapter 1 - Preliminary Provisions › Section 106 - Limitations on applicability of part

§ 106. Limitations on applicability of part.
No provision of this part nor any rule or regulation promulgated under this part shall apply to any boxing contest or exhibition or wrestling contest or exhibition conducted or sponsored by any university, college, secondary school or group of universities, colleges or secondary schools or the Department of Corrections if all the participants are students regularly enrolled in such institutions or inmates confined within a State or county correctional facility, respectively.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 5 - ATHLETICS AND SPORTS › Chapter 3 - Preliminary Provisions › Section 302 - Definitions

§ 302. Definitions.
Subject to additional definitions contained in subsequent provisions of this subpart which are applicable to specific provisions of this subpart, the following words and phrases when used in this subpart shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Amateur."
A person who has never received nor competed for any purse or other article of value, either for participating in any boxing contest or exhibition or for the expenses of training therefor, other than a prize which does not exceed $50 in value.
"Boxing."
The act of attack and defense with the fists, practiced as a sport. The term includes all variations of the sport permitting or using other parts of the human body, including, but not limited to, the foot, knee, leg, elbow or head.
"Contest."
A boxing engagement in which the boxers strive earnestly in good faith to win.
"Exhibition."
A boxing engagement in which the boxers show or display their skill without necessarily striving to win.
"Foreign copromoter."
A promoter who has no place of business within this Commonwealth.
"Judge."
A person who has a vote in determining the winner of any contest.
"Manager."
A person who, directly or indirectly, controls or administers the affairs of any boxer.
"Matchmaker."
A person who brings together professional boxers or arranges professional boxing contests or exhibitions.
"Pay-per-view telecast."
A telecast, closed-circuit or otherwise, which is not intended to be available for viewing without the payment of a fee, collected for or based upon each event viewed, for the privilege of viewing the telecast.
"Producer."
Any person who charges or receives a fee for having a contest viewed through a pay-per-view telecast by utilizing any type of cable television system. The term does not include the operator of a cable television system.
"Professional."
A person who has received or competed for or is receiving or competing for any purse or other article of value, other than a prize which does not exceed $50 in value, either for participating in any boxing contest or exhibition or for the expenses of training therefor.
"Promoter."
Any person and, in the case of a corporate promoter, any officer, director, employee or stockholder thereof who produces, arranges or stages any professional contest or exhibition.
"Purse."
The financial guarantee or any other remuneration, or part thereof, for which professional boxers are participating in a contest or exhibition. The term includes the participant's share of any payment received for radio broadcasting, television and motion picture rights.
"Sponsor."
Any person and, in the case of a corporate sponsor, any officer, director, employee or stockholder thereof who produces, arranges or stages any amateur contest or exhibition.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 5 - ATHLETICS AND SPORTS › Chapter 5 - Medical Advisory Board › Section 501 - Medical Advisory Board

§ 501. Medical Advisory Board.
The commission shall appoint five physicians to serve on a Medical Advisory Board for a term of four years. The Governor shall designate a member with experience in sports medicine as chairman of the board. Each member shall be paid a per diem rate to be established by the secretary, but not in excess of $150 a day. The board shall issue an annual report to the commission, which shall include a review of the health status of each boxer who competed during the prior fiscal year to identify those who may be at risk of serious physical impairment. The board may recommend changes or additions to the health and safety rules and regulations of the commission and, upon request of the commission, shall review proposed rules and regulations and advise the commission of recommendations with respect to the proposed rules and regulations.
Special Provisions in Appendix.
See section 3 of Act 32 of 1992 in the appendix to this title for special provisions relating to current members of State Athletic Commission and Medical Advisory Board.
Cross References.
Section 501 is referred to in section 102 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 5 - ATHLETICS AND SPORTS › Chapter 7 - Regulation of Boxing Contests and Exhibitions › Section 701 - Boxing regulated

§ 701. Boxing regulated.
(a) General rule.
--Professional contests or exhibitions, including kick boxing, shall be held within this Commonwealth only in accordance with the provisions of this subpart and the rules and regulations promulgated under this subpart.
(b) Events on Sunday.
--Contests or exhibitions may be held on Sunday.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 5 - ATHLETICS AND SPORTS › Chapter 7 - Regulation of Boxing Contests and Exhibitions › Section 702 - Age of participants

§ 702. Age of participants.
(a) General rule.
--No person under 18 years of age shall be a participant in any contest or exhibition.
(b) Exception.
--
(1) Any person between 12 and 17 years of age may participate in amateur contests or exhibitions under such rules and regulations as the commission shall prescribe.
(2) Any person between 12 and 17 years of age may participate after obtaining written permission from a parent or legal guardian, as well as consent by the executive director.
(3) A person 12 to 16 years of age may only participate in such contests with a person not more than one year older.
(c) Junior Olympics.
--The limitations set forth in subsections (a) and (b) shall not apply to sanctioned boxing events for the Junior Olympics under the direction of a national governing organization certified by the commission. For the purposes of the Junior Olympic events, participants, with the written permission of a parent or legal guardian, may box only in the following age divisions:
(1) Ten and eleven years of age.
(2) Twelve and thirteen years of age.
(3) Fourteen and fifteen years of age. No participant shall take part in any event outside of the approved division for that age group.