2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 4 - AMUSEMENTS › Chapter 35 - Application and Licensure › Section 3520 - Conditional licenses

§ 3520. Conditional licenses.
(a) Conditional establishment licenses.--
(1) Within 90 days after the effective date of this section, the board shall make applications for establishment licenses available to applicants.
(2) The board shall issue a conditional license to an applicant for an establishment license if the applicant satisfies, as determined by the board, all of the following criteria:
(i) The applicant has never been convicted of a felony in any jurisdiction.
(ii) The applicant is current on all State taxes.
(iii) The applicant has submitted a completed application for an establishment license in accordance with this part, which may be submitted concurrently with the applicant's request for a conditional license.
(iv) The applicant has never been convicted of a gambling law violation in any jurisdiction.
(3) (i) The board shall issue a conditional license to an applicant for an establishment license within 60 days after the completed application has been received by the board, provided that the board determines that the criteria contained in paragraph (2) has been satisfied.
(ii) If the board determines that the criteria contained in paragraph (2) has not been satisfied, the board shall give a written explanation to the applicant as to why it has determined the criteria has not been satisfied.
(4) A conditional license shall be valid until:
(i) the board either approves or denies the applicant's application for licensure;
(ii) the conditional license is terminated for a violation of this part; or
(iii) one calendar year has passed since the conditional license was issued.
(5) The board may extend the duration of the conditional license for one calendar year.
(6) An applicant shall attest by way of affidavit under penalty of perjury that the applicant is not otherwise prohibited from licensure according to the requirements of this section or any other provision of this part.
(7) A request for conditional licensure under this subsection shall include payment of a $100 fee, which fee shall be in addition to the applicable fee required under section 4101 (relating to fees).
(b) Conditional terminal operator licenses.--
(1) Within 90 days after the effective date of this section, the board shall make applications for terminal operator licenses available to applicants.
(2) The board shall issue a conditional license to an applicant for a terminal operator license if the applicant satisfies, as determined by the board, all of the following criteria:
(i) The applicant has never been convicted of a felony in any jurisdiction.
(ii) The applicant is current on all State taxes.
(iii) The applicant has submitted a completed application for a terminal operator license which may be submitted concurrently with the applicant's request for a conditional license.
(iv) The applicant has never had its terminal operator license or similar gaming license denied or revoked in another jurisdiction.
(v) The applicant has never been convicted of a gambling law violation in any jurisdiction.
(3) (i) The board shall issue a conditional license to an applicant for a terminal operator license within 60 days after the completed application has been received by the board, provided that the board determines that the criteria contained in paragraph (2) has been satisfied.
(ii) If the board determines that the criteria contained in paragraph (2) has not been satisfied, the board shall give a written explanation to the applicant as to why it has determined the criteria has not been satisfied.
(4) A conditional license shall be valid until:
(i) the board either approves or denies the applicant's application for licensure;
(ii) the conditional license is terminated for a violation of this chapter; or
(iii) one calendar year has passed since the conditional license was issued.
(5) The board may extend the duration of the conditional license for one calendar year.
(6) An applicant shall attest by way of affidavit under penalty of perjury that the applicant is not otherwise prohibited from licensure according to the requirements of this subsection or any other provision of this part.
(7) A request for conditional licensure under this subsection shall include payment of a $100 fee, which fee shall be in addition to the applicable fee required under section 4101.
(c) Conditional manufacturer and supplier licenses.--
(1) Within 90 days after the effective date of this section, the board shall make applications available for manufacturer and supplier licenses.
(2) The board shall issue a conditional license to an applicant for a manufacturer or supplier license if the applicant satisfies, as determined by the board, all of the following criteria:
(i) The applicant has never been convicted of a felony.
(ii) The applicant is current on all State taxes.
(iii) The applicant has submitted a completed application for a manufacturer or supplier license, which may be submitted concurrently with the applicant's request for a conditional license.
(iv) The applicant has never had its manufacturer, supplier or similar gaming license denied or revoked in another jurisdiction.
(v) The applicant has never been convicted of a gambling law violation in any jurisdiction.
(3) (i) The board shall issue a conditional license to an applicant for a manufacturer or supplier license within 60 days after the completed application has been received by the board, provided that the board determines that the criteria contained in paragraph (2) has been satisfied.
(ii) If the board determines that the criteria contained in paragraph (2) has not been satisfied, the board shall give a written explanation to the applicant as to why it has determined the criteria has not been satisfied.
(4) A conditional license shall be valid until:
(i) the board either approves or denies the applicant's application for licensure;
(ii) the conditional license is terminated for a violation of this part; or
(iii) one calendar year has passed since the conditional license was issued.
(5) The board may extend the duration of the conditional license for one calendar year.
(6) An applicant shall attest by way of affidavit under penalty of perjury that the applicant is not otherwise prohibited from licensure according to the requirements of this subsection or any other provision of this part.
(7) A request for a conditional license under this subsection shall include payment of a $1,000 fee, which fee shall be in addition to the applicable fee required under section 4101.
(d) Other conditional licenses.--
(1) Within 90 days after the effective date of this section, the board shall make applications available for any other license required under this part.
(2) The board shall issue a conditional license to an applicant if the applicant satisfies, as determined by the board, all of the following criteria:
(i) The applicant has never been convicted of a felony in any jurisdiction.
(ii) The applicant is current on all State taxes.
(iii) The applicant has submitted a completed application for licensure, which may be submitted concurrently with the applicant's request for a conditional license.
(iv) The applicant has never been convicted of a gambling law violation in any jurisdiction.
(3) (i) The board shall issue a conditional license to an applicant within 60 days after the completed application has been received by the board, provided that the board determines that the criteria contained in paragraph (2) has been satisfied.
(ii) If the board determines that the criteria contained in paragraph (2) has not been satisfied, the board shall give a written explanation to the applicant as to why it has determined the criteria has not been satisfied.
(4) A conditional license shall be valid until:
(i) the board either approves or denies the applicant's application for licensure;
(ii) the conditional license is terminated for a violation of this part; or
(iii) one calendar year has passed since the conditional license was issued.
(5) The board may extend the duration of the conditional license for one calendar year.
(6) An applicant shall attest by way of affidavit under penalty of perjury that the applicant is not otherwise prohibited from licensure according to the requirements of this subsection or any other provision of this part.
(7) A request for conditional licensure under this subsection shall include payment of a $100 fee, which fee shall be in addition to the applicable fee required under section 4101.
(e) Prioritization prohibited.--
(1) The board may not utilize the alternative licensing standards for a terminal operator license, manufacturer license or a supplier license under sections 3511 (relating to alternative terminal operator licensing standards), 3512 (relating to alternative manufacturer licensing standards) and 3513 (relating to alternative supplier licensing standards) to prioritize the issuance of a terminal operator, manufacturer or supplier license under this chapter.
(2) The board shall ensure that applications made to the board according to the alternative standards under sections 3511, 3512 and 3513 are not approved or denied in a time period that is less than the time period in which an application for a conditional license is approved or denied under this section.
(f) Incomplete applications.--
If the board receives an application that is incomplete, the board shall, within seven days of receiving the incomplete application, notify the applicant of additional information required by the board.