reglab/statecodes huggingface dataset:
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 4 - AMUSEMENTS › Chapter 15 - Administration and Enforcement › Section 1518.3 - Applicability of Clean Indoor Air Act

§ 1518.3. Applicability of Clean Indoor Air Act.
Notwithstanding section 11(b) of the act of June 13, 2008 (P.L.182, No.27), known as the Clean Indoor Air Act, the provisions of section 3(b)(11) of the Clean Indoor Air Act shall apply to all licensed facilities.
(Jan. 7, 2010, P.L.1, No.1, eff. imd.)
2010 Amendment.
Act 1 added section 1518.3.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 4 - AMUSEMENTS › Chapter 15 - Administration and Enforcement › Section 1519 - Detention

§ 1519. Detention.
A peace officer, licensee or licensee's security employee or an agent under contract with the licensee who has probable cause to believe that criminal violation of this part has occurred or is occurring on or about a licensed facility and who has probable cause to believe that a specific individual has committed or is committing the criminal violation may detain the suspect in a reasonable manner for a reasonable time on the premises of the licensed facility for all or any of the following purposes: to require the suspect to identify himself, to verify such identification or to inform a peace officer. Such detention shall not impose civil or criminal liability upon the peace officer, licensee, licensee's employee or agent so detaining.
(Nov. 1, 2006, P.L.1243, No.135, eff. imd.)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 4 - AMUSEMENTS › Chapter 15 - Administration and Enforcement › Section 1521 - Liquor licenses at licensed facilities

§ 1521. Liquor licenses at licensed facilities.
(a) Reapplication.--
Nothing in this part shall require a person already licensed to sell liquor or malt or brewed beverages to reapply for the license except in the manner set forth in the act of April 12, 1951 (P.L.90, No.21), known as the Liquor Code.
(b) License authority.--
Notwithstanding any other provision of law, a person holding a slot machine license which is also licensed to sell liquor or malt or brewed beverages pursuant to the Liquor Code shall be permitted to sell, furnish or give liquor or malt or brewed beverages on the unlicensed portion of the licensed gaming facility so long as the liquor or malt or brewed beverages remain on the facility.
(b.1) Liquor Code sanctions.--
Notwithstanding any other provision of law, a person holding a slot machine license that also holds a license issued by the Pennsylvania Liquor Control Board shall not be subject to the provisions of section 471(c) of the Liquor Code. In addition, if a fine is imposed under section 471(b) of the Liquor Code, it shall be for not less than $250 nor more than $25,000. The prior citation history of the slot machine licensee shall be considered in determining the amount of the fine.
(c) Nonlicensees.--
Notwithstanding any other provision of law, a slot machine licensee which is not licensed to sell liquor or malt or brewed beverages shall be entitled to apply to the Pennsylvania Liquor Control Board for a restaurant liquor or eating place retail dispenser license as permitted by section 472 of the Liquor Code. The following shall apply:
(1) Licenses issued under this section shall not be subject to:
(i) The proximity provisions of sections 402 and 404 of the Liquor Code.
(ii) The quota restrictions of section 461 of the Liquor Code.
(iii) The provisions of section 493(10) of the Liquor Code except as they relate to lewd, immoral or improper entertainment.
(iv) The prohibition against minors frequenting as described in section 493(14) of the Liquor Code.
(v) The cost and total display area limitations of section 493(20)(i) of the Liquor Code.
In addition, licenses issued under this section shall not be subject to the provisions defining "restaurant" or "eating place" in section 102 of the Liquor Code.
(2) Absent good cause shown consistent with the purposes of this part, the Pennsylvania Liquor Control Board shall approve an application for the license filed by a licensed gaming entity within 60 days.
(Jan. 7, 2010, P.L.1, No.1, eff. imd.)
2010 Amendment.
Act 1 added subsec. (b.1).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 4 - AMUSEMENTS › Chapter 15 - Administration and Enforcement › Section 1522 - Interception of oral communications

§ 1522. Interception of oral communications.
The interception and recording of oral communications made in a count room of a licensed facility by a licensee shall not be subject to the provisions of 18 Pa.C.S. Ch. 57 (relating to wiretapping and electronic surveillance). Notice that oral communications are being intercepted and recorded shall be posted conspicuously in the count room.
(Nov. 1, 2006, P.L.1243, No.135, eff. imd.; Jan. 7, 2010, P.L.1, No.1, eff. imd.)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 4 - AMUSEMENTS › Chapter 15 - Administration and Enforcement › Section 1523 - Electronic funds transfer terminals

§ 1523. Electronic funds transfer terminals.
(a) Prohibition.--
A slot machine licensee may not install, own or operate or allow another person to install, own or operate on the premises of the licensed facility a slot machine or table game that is played with a device that allows a player to operate the slot machine or table game by transferring funds electronically from a debit card, credit card or by means of an electronic funds transfer terminal.
(b) Definitions.--
As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:
"Electronic funds transfer terminal." An information-processing device or an automatic teller machine used for executing deposit account transactions between financial institutions and their account holders by either the direct transmission of electronic impulses or the recording of electronic impulses for delayed processing. The fact that a device is used for other purposes shall not prevent it from being considered an electronic funds transfer terminal under this definition.
(Jan. 7, 2010, P.L.1, No.1, eff. imd.)
2010 Amendment.
Act 1 added section 1523.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 4 - AMUSEMENTS › Chapter 16 - Junkets › Extra - Chapter Notes

Enactment.
Chapter 16 was added January 7, 2010, P.L.1, No.1, effective immediately.
Cross References.
Chapter 16 is referred to in sections 13A61, 13C24, 13C61 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 4 - AMUSEMENTS › Chapter 16 - Junkets › Section 1601 - Gaming junkets authorized

§ 1601. Gaming junkets authorized.
The board may authorize the organization and conduct of gaming junkets subject to the provisions of this chapter. No gaming junket shall be organized or permitted to operate in this Commonwealth and no person shall act as a gaming junket representative or gaming junket enterprise except in accordance with this chapter. The board shall establish a reasonable application and authorization fee for any license, permit or other authorization issued under this chapter.
Cross References.
Section 1601 is referred to in sections 1602, 1604 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 4 - AMUSEMENTS › Chapter 16 - Junkets › Section 1602 - Gaming junket enterprise license

§ 1602. Gaming junket enterprise license.
(a) Gaming junket enterprise license required.--
All gaming junket enterprises shall obtain a license from the board prior to acting as a gaming junket enterprise in this Commonwealth.
(b) Application.--
A gaming junket enterprise license application shall be in a form prescribed by the board and shall include the following:
(1) The name, address and photograph of the applicant and all owners, directors, managers and supervisory employees of a gaming junket enterprise.
(2) The details of a gaming junket enterprise license or similar license applied for or granted or denied to the applicant by another jurisdiction.
(3) Consent for the bureau to conduct a background investigation, the scope of which shall be determined by the board.
(4) All releases necessary for the bureau and the board to acquire licensing documents and other information necessary to conduct a background investigation or otherwise evaluate the application.
(5) A list of all civil judgments obtained against the applicant pertaining to any gaming junket enterprise with which the applicant has been associated.
(6) A description of the operation and organization of the gaming junket enterprise.
(7) Any additional information required by the board.
(c) Enforcement information.--
If the applicant has held a gaming junket license or other gaming license in another jurisdiction, the applicant may submit a letter of reference from the gaming enforcement agency in the other jurisdiction. The letter shall specify the experiences of the agency with the applicant, the applicant's associates and the applicant's gaming junket enterprise or gaming activity. If no letter is received within 30 days following the applicant's request, the applicant may submit a statement under oath, subject to the penalty for false swearing under 18 Pa.C.S. § 4903 (relating to false swearing), that the applicant is in good standing with the gaming enforcement agency in the other jurisdiction.
(d) Issuance.--
Following review of the application, completion of the background investigation and payment of the license fee established by the board under section 1601(a) (relating to gaming junkets authorized), the board may issue a gaming junket enterprise license to the applicant if the applicant has proven by clear and convincing evidence that the applicant is a person of good character, honesty and integrity and that the applicant's activities, criminal record, reputation, habits and associations do not pose a threat to the public interest or suitable or legitimate operation of gaming.
(e) Failure to cooperate.--
Failure to provide required information or releases under this section shall result in the immediate denial of an application for a license.
(f) Nontransferability.--
A license issued under this section shall be nontransferable.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 4 - AMUSEMENTS › Chapter 16 - Junkets › Section 1604 - Gaming junket representatives

§ 1604. Gaming junket representatives.
(a) Occupation permit.--
Except as otherwise provided in subsection (e), a gaming junket representative shall obtain an occupation permit from the board in accordance with section 1318 (relating to occupation permit application).
(b) Application.--
In addition to the requirements of section 1308 (relating to applications for license or permit), the application for a gaming junket representative occupation permit shall be in a form prescribed by the board and shall include the following:
(1) Verification of employment status as a gaming junket representative with a licensed gaming junket enterprise or an applicant for a gaming junket enterprise license.
(2) A description of employment responsibilities.
(3) A consent form to allow the bureau to conduct a background investigation, the scope of which shall be determined by the board.
(4) A release for the bureau and the board to acquire copies of information from government agencies, employers and others as necessary to complete the investigation.
(5) Fingerprints which shall be submitted to the Pennsylvania State Police.
(6) A photograph that meets the standards of the Commonwealth Photo Imaging Network.
(7) Details relating to a similar license, permit or other authorization obtained in another jurisdiction, if any.
(8) Any additional information required by the board.
(c) Issuance.--
Following review of the application, background investigation and payment of the permit fee established by the board under section 1601(a) (relating to gaming junkets authorized), the board may issue an occupation permit if the applicant has proven by clear and convincing evidence that the applicant is a person of good character, honesty and integrity and is eligible and suitable to receive an occupation permit.
(d) Nontransferability.--
An occupation permit issued under this section shall be nontransferable.
(e) Holder of occupation permit.--
Nothing in this section shall be construed to prohibit an individual who holds a valid occupation permit and who is employed by a slot machine licensee from acting as a junket representative. A gaming junket representative need not be a resident of this Commonwealth.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 4 - AMUSEMENTS › Chapter 16 - Junkets › Section 1605 - Junket agreements

§ 1605. Junket agreements.
Agreements entered into between a slot machine licensee and a gaming junket enterprise or a gaming junket representative shall include a provision for the termination of the agreement without liability on the part of the slot machine licensee if:
(1) The board orders the suspension, limitation, conditioning, denial or revocation of the license of a gaming junket representative license or occupation permit of a gaming junket representative.
(2) The board disapproves the agreement and requires its termination.
Failure to expressly include the termination requirement under this section in the agreement shall not constitute a defense in an action brought relating to the termination of the agreement.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 4 - AMUSEMENTS › Chapter 16 - Junkets › Section 1606 - Conduct of junket

§ 1606. Conduct of junket.
A slot machine licensee shall be responsible for the conduct of a gaming junket representative or gaming junket enterprise with which the slot machine licensee has an agreement and for the terms and conditions of a gaming junket on its premises.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 4 - AMUSEMENTS › Chapter 16 - Junkets › Section 1607 - Violation of terms

§ 1607. Violation of terms.
Notwithstanding any other provision of this part, if the board determines that the terms of an agreement to conduct a gaming junket were violated by a slot machine licensee, gaming junket enterprise or gaming junket representative, the board may do any or all of the following:
(1) Order restitution to the gaming junket participant.
(2) Assess civil penalties or sanctions under section 1518 (relating to prohibited acts; penalties) for a violation or deviation from the terms of the junket agreement.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 4 - AMUSEMENTS › Chapter 16 - Junkets › Section 1608 - Records

§ 1608. Records.
The board shall prescribe procedures and forms to retain records relating to the conduct of a gaming junket by a slot machine licensee. A slot machine licensee shall:
(1) Maintain a current report of the operations of gaming junkets conducted at its licensed facility.
(2) Submit to the board and the bureau a list of all its employees who conduct business on behalf of the slot machine licensee with gaming junket representatives on a full-time, part-time or temporary basis.
(3) Maintain records of all agreements entered into with a gaming junket enterprise or gaming junket representative for a minimum of five years.
(4) Provide any other information relating to a gaming junket required by the board or bureau.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 4 - AMUSEMENTS › Chapter 16 - Junkets › Section 1609 - Report

§ 1609. Report.
A slot machine licensee, gaming junket representative or gaming junket enterprise shall file a report with the bureau on each list of gaming junket participants or potential gaming junket participants purchased by the slot machine licensee, gaming junket representative or gaming junket enterprise. The report shall include the source of the list and zip codes of participants or potential participants on a list purchased directly or indirectly by a slot machine licensee, gaming junket representative or gaming junket enterprise. Nothing in this section shall require the reporting or maintenance of personal identifying information pertaining to participants or potential participants.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 4 - AMUSEMENTS › Chapter 16 - Junkets › Section 1610 - Gaming junket arrangement

§ 1610. Gaming junket arrangement.
Upon petition by a slot machine licensee, the board may grant an exemption from the permit requirements of this chapter to a gaming junket representative. The board shall consult with the bureau prior to granting an exemption under this section and shall consider the following:
(1) The terms of the gaming junket arrangement.
(2) The number and scope of gaming junkets.
(3) Whether the exemption is consistent with the policies and purposes of this part.
(4) Any other factor deemed necessary by the bureau or board.
The board may condition, limit or restrict the exemption.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 4 - AMUSEMENTS › Chapter 16 - Junkets › Section 1611 - Prohibitions

§ 1611. Prohibitions.
A gaming junket enterprise or gaming junket representative shall not do any of the following:
(1) Engage in efforts to collect on any check provided by a gaming junket participant that has been returned by a financial institution without payment.
(2) Exercise approval authority over the authorization or issuance of credit under section 13A27 (relating to other financial transactions).
(3) Receive or retain a fee from an individual for the privilege of participating in a gaming junket.
(4) Pay for any service, including transportation, or other thing of value provided to a participant participating in a gaming junket except as authorized by this part.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 4 - AMUSEMENTS › Chapter 17 - Gaming Schools › Section 1701 - Curriculum

§ 1701. Curriculum.
The Department of Labor and Industry, in consultation with the Department of Education and the board, shall, within 60 days following the effective date of this section, develop curriculum guidelines, including minimum proficiency requirements established by the board, for gaming school instruction. The guidelines shall, at a minimum, establish courses of instruction that will provide individuals with adequate job training necessary to obtain employment as a gaming employee with a licensed gaming entity.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 4 - AMUSEMENTS › Chapter 17 - Gaming Schools › Section 1702 - Gaming school gaming equipment

§ 1702. Gaming school gaming equipment.
(a) Use of gaming equipment.--
All gaming equipment utilized by a gaming school, including slot machines, table game devices, associated equipment and all representations of value, shall be used for training, instructional and practice purposes only. The use of any such gaming equipment for actual gaming by any person is prohibited.
(b) Chips.--
Unless the board otherwise determines, all gaming chips and other representations of value utilized by a gaming school shall be distinctly dissimilar to any chips utilized by a slot machine licensee.
(c) Possession, removal and transport of equipment.--
No gaming school shall possess, remove or transport, or cause to be removed or transported, any slot machine, table game device or associated equipment except in accordance with this part.
(d) Serial numbers.--
Each slot machine, table game device and associated equipment on the premises of a gaming school shall have permanently affixed on it a serial number which, together with the location of the machine or table game device, shall be filed with the board.
(e) Security.--
Each gaming school shall provide adequate security for the slot machines, table games, table game devices and associated equipment on the gaming school premises.
(f) Notice to board and bureau.--
No gaming school shall sell or transfer any slot machine, table game, table game device or associated equipment except upon prior written notice to the board and the bureau.
(g) Additional training.--
Each individual attending gaming school shall be trained in cardiopulmonary resuscitation.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 4 - AMUSEMENTS › Chapter 18 - Fingerprinting › Section 1801 - Duty to provide

§ 1801. Duty to provide.
Notwithstanding the provisions of the Race Horse Industry Reform Act or this part, the Pennsylvania State Police shall, at the request of the commissions or the board, provide criminal history background investigations, which shall include records of criminal arrests and convictions, no matter where occurring, including Federal criminal history record information, on applicants for licensure and permit applicants by the respective agencies pursuant to the Race Horse Industry Reform Act or this part. Requests for criminal history background investigations may, at the direction of the commissions or the board, include, but not be limited to, officers, directors and stockholders of licensed corporations, key employees, financial backers, principals, gaming employees, horse owners, trainers, jockeys, drivers and other persons participating in thoroughbred or harness horse meetings and other persons and vendors who exercise their occupation or employment at such meetings, licensed facilities or licensed racetracks. For the purposes of this part, the board and commissions may receive and retain information otherwise protected by 18 Pa.C.S. Ch. 91 (relating to criminal history record information).
(Nov. 1, 2006, P.L.1243, No.135, eff. imd.)
References in Text.
The act of December 17, 1981, P.L.435, No.135, known as the Race Horse Industry Reform Act, referred to in this section, was repealed by the act of February 23, 2016, P.L.15, No.7.
Cross References.
Section 1801 is referred to in section 1802 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 4 - AMUSEMENTS › Chapter 18 - Fingerprinting › Section 1802 - Submission of fingerprints and photographs

§ 1802. Submission of fingerprints and photographs.
Appointees, employees and prospective employees engaged in the service of the commissions or the board and applicants under this part shall submit to fingerprinting and photographing by the Pennsylvania State Police or by a local law enforcement agency capable of submitting fingerprints and photographs electronically to the Pennsylvania State Police utilizing the Integrated Automated Fingerprint Identification System and the Commonwealth Photo Imaging Network or in a manner and in such form as may be provided by the Pennsylvania State Police. Fingerprinting pursuant to this part shall require, at a minimum, the submission of a full set of fingerprints. Photographing pursuant to this part shall require submission to photographs of the face and any scars, marks or tattoos for purposes of comparison utilizing an automated biometric imaging system. The Pennsylvania State Police shall submit fingerprints when requested by the commissions or the board to the Federal Bureau of Investigation for purposes of verifying the identity of the applicants and obtaining records of criminal arrests and convictions in order to prepare criminal history background investigations under section 1801 (relating to duty to provide). Fingerprints and photographs obtained pursuant to this part may be maintained by the commissions, the board and the Pennsylvania State Police for use pursuant to this part and for general law enforcement purposes. In addition to any other fee or cost assessed by the commissions or the board, an applicant shall pay for the cost of fingerprinting and photographing.
(Nov. 1, 2006, P.L.1243, No.135, eff. imd.)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 4 - AMUSEMENTS › Chapter 19 - Miscellaneous Provisions › Section 1901 - Appropriations

§ 1901. Appropriations.
(a) Appropriation to board.--
(1) The sum of $7,500,000 is hereby appropriated to the Pennsylvania Gaming Control Board for the fiscal period July 1, 2004, to June 30, 2006, to implement and administer the provisions of this part. The money appropriated in this subsection shall be considered a loan from the General Fund. This appropriation shall be a two-year appropriation and shall not lapse until June 30, 2006.
(2) The sum of $2,100,000 is hereby appropriated from the State Gaming Fund to the Pennsylvania Gaming Control Board for salaries, wages and all necessary expenses for the proper operation and administration of the Pennsylvania Gaming Control Board for the expansion of gaming associated with table games. This appropriation shall be a supplemental appropriation for fiscal year 2009-2010 and shall be in addition to the appropriation contained in the act of August 19, 2009 (P.L.777, No.9A), known as the Gaming Control Appropriation Act of 2009.
(b) Appropriation to department.--
The sum of $21,100,000 is hereby appropriated from the General Fund to the Department of Revenue for the fiscal period July 1, 2004, to June 30, 2006, to prepare for, implement and administer the provisions of this part. The money appropriated under this subsection shall be considered a loan from the General Fund. This appropriation shall be a two-year appropriation and shall not lapse until June 30, 2006.
(c) Appropriation to Pennsylvania State Police.--
The sum of $7,500,000 is hereby appropriated from the General Fund to the Pennsylvania State Police for the fiscal period July 1, 2004, to June 30, 2006, to prepare for, implement and administer the provisions of this part. The money appropriated under this subsection shall be considered a loan from the General Fund. This appropriation shall be a two-year appropriation and shall not lapse until June 30, 2006.
(Jan. 7, 2010, P.L.1, No.1, eff. imd.; Oct. 30, 2017, P.L.419, No.42, eff. imd.)
Cross References.
Section 1901 is referred to in section 1901.1 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 4 - AMUSEMENTS › Chapter 19 - Miscellaneous Provisions › Section 1901.1 - Repayments to General Fund

§ 1901.1. Repayments to General Fund.
(a) Establishment of repayment schedule.--
(1) No later than December 1, 2017, the board, in consultation with all licensed gaming entities, shall establish a schedule governing the repayment by licensed gaming entities of loans provided under section 1901 (relating to appropriations).
(2) The repayment of loans provided under section 1901 by licensed gaming entities shall begin no later than January 1, 2018.
(3) The repayment schedule shall, at a minimum:
(i) Specify the dates upon which the repayments shall be due. Payments may be required on a quarterly, semiannual or annual basis.
(ii) Assess each slot machine licensee's costs for repayment of loans under section 1901 in an amount that is proportional to each slot machine licensee's gross terminal revenue.
(iii) Result in the total amounts loaned under section 1901 being repaid by June 30, 2019.
(b) Deposit.--
Payments received under subsection (a) shall be deposited into the General Fund.
(Nov. 1, 2006, P.L.1243, No.135, eff. imd.; Oct. 30, 2017, P.L.419, No.42, eff. imd.)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 4 - AMUSEMENTS › Chapter 19 - Miscellaneous Provisions › Section 1901.2 - Commonwealth Financing Authority

§ 1901.2. Commonwealth Financing Authority.
The Commonwealth Financing Authority shall establish accounts, administer and distribute the funds deposited into the accounts and perform all other duties of the Commonwealth Financing Authority required under this part.
(Jan. 7, 2010, P.L.1, No.1, eff. imd.)
2010 Amendment.
Act 1 added section 1901.2.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 4 - AMUSEMENTS › Chapter 19 - Miscellaneous Provisions › Section 1901.3 - Adverse litigation

§ 1901.3. Adverse litigation.
Notwithstanding any law to the contrary, the board may not consider any application for a Category 4 slot machine license, interactive gaming certificate, interactive gaming license, casino simulcasting certificate or sports wagering certificate if the applicant or any person affiliated with or directly related to the applicant is a party in any ongoing civil proceeding in which the party is seeking to overturn or otherwise challenge a decision or order of the board pertaining to the approval, denial or conditioning of a license to operate slot machines. This section shall not be interpreted to affect the rights of applicants to seek judicial enforcement of mandatory obligations of the board as may be required by this part.
(Oct. 30, 2017, P.L.419, No.42, eff. imd.)
2017 Amendment.
Act 42 added section 1901.3.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 4 - AMUSEMENTS › Chapter 19 - Miscellaneous Provisions › Section 1902 - Severability

§ 1902. Severability.
(a) General rule.--
Except as provided in subsection (b), the provisions of this title are severable. If any provision of this title or its application to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of this title which can be given effect without the invalid provision or application.
(b) Limitation.--
If any of the provisions of section 1201 (relating to Pennsylvania Gaming Control Board established) or 1209 (relating to slot machine license fee) or their application to any person or circumstance are held to be invalid by any court, the remaining provisions of this title and its application shall be void.
(Oct. 30, 2017, P.L.419, No.42, eff. imd.)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 4 - AMUSEMENTS › Chapter 19 - Miscellaneous Provisions › Section 1903 - Repeals

§ 1903. Repeals.
(a) Inconsistent.--
The following acts and parts of acts are repealed as follows:
(1) (Unconstitutional).
(2) The provisions of 18 Pa.C.S. § 5513(a) are repealed insofar as they are inconsistent with this part.
(b) General.--
All other acts and parts of acts are repealed insofar as they are inconsistent with this part.
2012 Effectuation of Declaration of Unconstitutionality.
The Legislative Reference Bureau effectuated the 2005 unconstitutionality.
2005 Unconstitutionality.
Subsection (a)(1) was declared unconstitutional. Pennsylvanians Against Gambling Expansion Funds, Inc. v. Commonwealth, 877 A.2d 383 (Pa. 2005).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 4 - AMUSEMENTS › Chapter 19 - Miscellaneous Provisions › Section 1904 - Exclusive jurisdiction of Supreme Court

§ 1904. Exclusive jurisdiction of Supreme Court.
The Pennsylvania Supreme Court shall have exclusive jurisdiction to hear any challenge to or to render a declaratory judgment concerning the constitutionality of this part. The Supreme Court is authorized to take such action as it deems appropriate, consistent with the Supreme Court retaining jurisdiction over such a matter, to find facts or to expedite a final judgment in connection with such a challenge or request for declaratory relief.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 4 - AMUSEMENTS › Chapter 33 - Administration › Section 3303 - Temporary regulations

§ 3303. Temporary regulations.
(a) Promulgation.--
In order to facilitate the prompt implementation of this part, regulations promulgated by the board shall be deemed temporary regulations which shall expire no later than two years following the publication of the temporary regulations. The board may promulgate temporary regulations not subject to:
(1) Sections 201, 202, 203, 204 and 205 of the act of July 31, 1968 (P.L.769, No.240), referred to as the Commonwealth Documents Law.
(2) Section 204(b) of the act of October 15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act.
(3) The act of June 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act.
(b) Expiration.--
Except for temporary regulations related to security and surveillance, the authority provided to the board to adopt temporary regulations in subsection (a) shall expire two years following the publication of the temporary regulations. Regulations adopted after that date shall be promulgated as provided by law.
2020 Partial Repeal.
Section 18 of Act 114 provided that the provisions of section 3303 are repealed insofar as they are inconsistent with the addition of section 1724.1-E(f) of the act of April 9, 1929, P.L.343, No.176, known as The Fiscal Code.
Cross References.
Section 3303 is referred to in sections 3302, 3308 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 4 - AMUSEMENTS › Chapter 33 - Administration › Section 3304 - Appeals

§ 3304. Appeals.
An applicant, licensee or permittee may appeal a final order, determination or decision of the board involving the approval, issuance, denial, revocation, nonrenewal, suspension or conditioning, including any disciplinary actions, of a license, permit or authorization under this part in accordance with 2 Pa.C.S. Chs. 5 Subch. A (relating to practice and procedure of Commonwealth agencies) and 7 Subch. A (relating to judicial review of Commonwealth agency action).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 4 - AMUSEMENTS › Chapter 33 - Administration › Section 3306 - Reporting

§ 3306. Reporting.
(a) Report by board.--
Beginning October 1, 2018, and every year thereafter, the annual report submitted to the Governor and the General Assembly by the board under section 1211 (relating to reports of board) shall include information on the conduct of video gaming for the previous calendar year:
(1) Total gross terminal revenue.
(2) Total number of terminal operator licensees and establishment licensees.
(3) All taxes, fees, fines and other revenue collected and, where appropriate, revenue disbursed. The department shall collaborate with the board to carry out the requirements of this paragraph.
(4) Other information related to the conduct of video gaming that the board deems appropriate.
(b) Participation.--
The board may require terminal operator licensees to provide information to the board to assist in the preparation of the report under subsection (a).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 4 - AMUSEMENTS › Chapter 33 - Administration › Section 3307 - Diversity

§ 3307. Diversity.
(a) Intent.--
It is the intent and goal of the General Assembly that the board promote and ensure diversity in all aspects of the gaming activities authorized under this part.
(b) Reports by applicants.--
An applicant for a terminal operator license or establishment license shall submit a diversity plan to the board. At a minimum, the diversity plan shall contain a summary of:
(1) All employee recruitment and retention efforts undertaken to promote the participation of diverse groups in employment with the applicant if issued a terminal operator license or establishment license.
(2) Other information deemed necessary by the board to assess the diversity plan.
(c) Review.--
The board shall conduct a review of a diversity plan. When reviewing the adequacy of a diversity plan, the board shall take into consideration the total number of video gaming terminals the applicant proposes to operate within the Commonwealth.
(d) Periodic review.--
The board shall periodically review the terminal operator licensee's or establishment licensee's diversity plan and recommend changes.
(e) Applicant or licensee responsibility.--
An applicant for a terminal operator license or establishment license or a terminal operator licensee or establishment licensee shall provide information as required by the board to enable the board to complete the reviews required under subsections (c) and (d).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 4 - AMUSEMENTS › Chapter 33 - Administration › Section 3308 - Authority of department

§ 3308. Authority of department.
(a) General rule.--
The department shall administer and collect taxes imposed under this part and interest imposed under section 806 of the act of April 9, 1929 (P.L.343, No.176), known as The Fiscal Code, and promulgate and enforce rules and regulations to carry out its prescribed duties in accordance with this part, including the collection of taxes, penalties and interest imposed by this part.
(b) Application of rules and regulations.--
The department may prescribe the extent, if any, to which any rules and regulations shall be applied without retroactive effect. The department shall prescribe the forms and the system of accounting and recordkeeping to be employed and through its representative shall at all times have power of access to and examination and audit of any equipment and records relating to all aspects of the operation of video gaming terminals and redemption terminals under this part.
(c) Procedure.--
For purposes of implementing this part, the department may promulgate regulations in the same manner in which the board is authorized as provided in section 3303 (relating to temporary regulations).
(d) Additional penalty.--
A person who fails to timely remit to the department or the State Treasurer amounts required under this part shall be liable, in addition to liability imposed elsewhere in this part, to a penalty of 5% per month up to a maximum of 25% of the amounts ultimately found to be due, to be recovered by the department.
(e) Liens and suits for taxes.--
The provisions of this part shall be subject to the provisions of sections 242 and 243 of the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 4 - AMUSEMENTS › Chapter 35 - Application and Licensure › Section 3504 - Principal licenses

§ 3504. Principal licenses.
(a) License required.--
All principals shall obtain a principal license from the board.
(b) Application.--
A principal license application shall be in a form prescribed by the board and shall include the following:
(1) Verification of status as a principal from a terminal operator licensee, manufacturer licensee or supplier licensee.
(2) A description of responsibilities as a principal.
(3) All releases necessary to obtain information from governmental agencies, employers and other organizations.
(4) Details relating to a similar license, permit or other authorization obtained in another jurisdiction.
(5) Additional information required by the board.
(c) Issuance.--
Following review of the application and the background investigation, the board may issue a principal license if the applicant has proven by clear and convincing evidence that the applicant is a person of good character, honesty and integrity and is eligible and suitable to be licensed as a principal.
(d) Nontransferability.--
A license issued under this section shall be nontransferable.
(e) Principals.--
An individual who receives a principal license need not obtain a key employee license.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 4 - AMUSEMENTS › Chapter 35 - Application and Licensure › Section 3505 - Key employee licenses

§ 3505. Key employee licenses.
(a) License required.--
All key employees shall obtain a key employee license from the board.
(b) Application.--
A key employee license application shall be in a form prescribed by the board and shall include the following:
(1) Verification of status as a key employee from a terminal operator licensee, establishment licensee, manufacturer licensee or supplier licensee.
(2) A description of employment responsibilities.
(3) All releases necessary to obtain information from governmental agencies, employers and other organizations.
(4) Details relating to a similar license or other authorization obtained in another jurisdiction.
(5) Additional information required by the board.
(c) Issuance.--
Following review of the application and the background investigation, the board may issue a key employee license if the applicant has proven by clear and convincing evidence that the applicant is a person of good character, honesty and integrity and is eligible and suitable to be licensed as a key employee.
(d) Nontransferability.--
A license issued under this section shall be nontransferable.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 4 - AMUSEMENTS › Chapter 35 - Application and Licensure › Section 3506 - Divestiture of disqualifying applicant

§ 3506. Divestiture of disqualifying applicant.
(a) Board power to require.--
(1) In the event that any establishment license application, terminal operator license application, supplier license application or manufacturer license application is not approved by the board based on a finding that an individual who is a principal or has an interest in the person applying for the license does not meet the character requirements of this part or any of the eligibility requirements under this part or a person who purchases a controlling interest in the applicant in violation of section 3517 (relating to change in ownership or control of terminal operator licensee), the board may afford the individual the opportunity to completely divest his interest in the person, its affiliate, intermediary, subsidiary or holding company seeking the license and, after such divestiture, reconsider the person's or applicant's suitability for licensure in an expedited proceeding and may, after such proceeding, issue the person or applicant a terminal operator license.
(2) The board shall approve the terms and conditions of any divestiture under this section.
(b) Limitation.--
Under no circumstances shall any divestiture be approved by the board if the compensation for the divested interest exceeds the cost of the interest.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 4 - AMUSEMENTS › Chapter 35 - Application and Licensure › Section 3510 - Occupation permit

§ 3510. Occupation permit.
(a) Application.--
(1) A person who desires to be a gaming employee and has a bona fide offer of employment from a terminal operator licensee, establishment licensee or supplier licensee shall apply to the board for an occupation permit.
(2) A person may not be employed as a gaming employee unless and until that person holds an appropriate occupation permit issued under this section.
(3) The board may promulgate regulations to reclassify a category of nongaming employees or gaming employees upon a finding that the reclassification is in the public interest and consistent with the objectives of this part.
(b) Requirements.--
The application for an occupation permit shall include, at a minimum:
(1) The name and home address of the person.
(2) The previous employment history of the person.
(3) The criminal history record of the person, as well as the person's consent for the bureau to conduct a background investigation.
(4) A photograph of the person.
(5) Evidence of the offer of employment and the nature and scope of the proposed duties of the person, if known.
(6) The details of an occupation permit or similar license granted or denied to the applicant in other jurisdictions.
(7) Other information determined by the board to be appropriate.
(c) Prohibition.--
No terminal operator licensee may employ or permit a person under 18 years of age to render service in a video gaming area.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 4 - AMUSEMENTS › Chapter 35 - Application and Licensure › Section 3511 - Alternative terminal operator licensing standards

§ 3511. Alternative terminal operator licensing standards.
(a) Determination.--
(1) The board may determine whether the licensing standards of another jurisdiction within the United States in which an applicant, its affiliate, intermediary, subsidiary or holding company for a terminal operator license is similarly licensed are comprehensive and thorough and provide similar adequate safeguards as those required by this part.
(2) If the board makes that determination, it may issue a terminal operator license to an applicant who holds a terminal operator license in the other 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 such information in whole or in part into the board's evaluation of the applicant.
(b) Abbreviated process.--
(1) In the event an applicant for a terminal operator license is licensed in another jurisdiction, the board may determine to use an alternate process requiring only that information determined by the board to be necessary to consider the issuance of a license, including financial viability of the licensee, to such an applicant.
(2) Nothing in this section shall be construed to waive fees associated with obtaining a license through the normal application process.
(c) Current license holders.--
In the event an applicant for a terminal operator license under this part holds a slot machine license under Part II (relating to gaming), 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 3511 is referred to in section 3520 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 4 - AMUSEMENTS › Chapter 35 - Application and Licensure › Section 3512 - Alternative manufacturer licensing standards

§ 3512. Alternative manufacturer 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 manufacturer license is similarly licensed are comprehensive and thorough and provide similar adequate safeguards as those required by this part.
(2) If the board makes that determination, it may issue a manufacturer license to an applicant who holds a similar manufacturer license in the other 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 such information in whole or in part into the board's evaluation of the applicant.
(b) Abbreviated process.--
(1) In the event an applicant for a manufacturer 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 fees associated with obtaining a license through the normal application process.
(c) Current license holders.--
In the event an applicant for a manufacturer license under this part holds a manufacturer license under section 1317.1 (relating to manufacturer 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 3512 is referred to in section 3520 of this title.