10 Pa. Stat. § 305

Current through P.A. Acts 2023-32
Section 305 - Rules for licensing and operation
(a) Issuance and fee.--
(1) Except as provided in paragraph (2), the licensing authority shall license, upon application, any association as defined in section 3 to conduct the game of bingo at one location in the county. The license fee to be charged to each nonprofit association shall be $100 per annum except to those recognized senior citizens' groups who conduct bingo for their members only the fee shall be $50 per annum. The license fee to be charged to each agricultural association or county fair shall be $100 per annum. Associations which conduct bingo only one period each year for not more than three consecutive days shall be charged $15 for the issuance of their license. The fees collected pursuant to this section shall be paid by the licensing authority into the general fund of the county and used for county purposes. All records retained by the licensing authority relating to the issuance of bingo licenses and bingo permits shall be public information.
(2) Notwithstanding the single location requirement of paragraph (1), if it is determined that the applicant is a bona fide consolidated volunteer fire company, the consolidated volunteer fire company is authorized to conduct the game of bingo at two locations in the county.
(b) Display.--Licenses issued pursuant to this section shall be publicly displayed at games conducted by licensees.
(c) Operation.--Each licensed association shall comply with the following restrictions and rules governing the operation of bingo:
(1) No person under the age of 18 shall be permitted to play bingo unless accompanied by an adult.
(2) [Deleted by 2017 Amendment.]
(3) Prizes awarded shall not exceed a value of $500 for any one game of bingo, except for jackpot games which shall not exceed a value of $4,000 for one such game. In addition, no more than $8,000 in prizes shall be awarded in any calendar day.
(4) Only associations licensed to conduct bingo shall be permitted to advertise their bingo games. Such advertisements shall contain the date, time, location, whether cash or merchandise prizes will be awarded and the name of the association licensed to conduct the bingo game and the name of the individual in charge of the operation of the game. An association may advertise any prize, its dollar value and any guaranteed prize dollar value.
(5) The association shall own the equipment used in playing bingo or shall sign a written agreement leasing the equipment from another licensed association for a fee which is not determined by the amount of receipts realized from the playing of bingo or the number of people attending bingo games. Joint ownership of bingo equipment shall be permitted only if both owners of the equipment are licensed associations. This paragraph shall not apply to associations contracting charitable organizations or outside operators to conduct bingo at expositions, carnivals or fairs.
(6) The association shall own both the premises upon which bingo is played and the personal property used in the conduct of the game, or if it does not, the association shall sign a written agreement leasing such premises or personal property from the owner thereof for a fee which is not determined by either the amount of receipts realized from the playing of bingo or the number of people attending bingo games. An association shall not lease such premises or personal property from any person who has been convicted of a felony or a violation of this act.
(7) Each association shall keep written records of the moneys and merchandise collected and distributed for each day they conduct bingo. These records shall indicate the total proceeds collected, the total prize money distributed, the total value of all merchandise awarded as a prize and the amount of moneys paid as rentals or wages and to whom such rentals or wages were paid. All prizes awarded having a value greater than $250 shall be specifically described in the association's records.
(8) Each association shall deposit with a financial institution all proceeds for each day's bingo game in an account in the association's name. This deposit shall be made before any of the proceeds may be used for any other purpose, except for payment of prize money and compensation to members employed in the operation of the game.
(9) Except as provided in paragraph (13), no association shall permit any person who is not a bona fide member of the association or who has been convicted of a felony or a violation of this act to manage, set up, supervise or participate in the operation of the association's bingo games. Nothing contained in this act shall be construed to prohibit individuals under 18 years of age from participating in the operation of the game and being compensated therefor if written permission is obtained from their parent or guardian.
(10) Associations which obtain a license for the purpose of conducting bingo at an exposition, carnival or fair for a period not exceeding ten days shall be permitted to contract a charitable organization to manage, set up, supervise or participate in the operation of the bingo game provided only merchandise prizes are awarded. Except as provided in paragraph (13), only bona fide members of the contracted charitable organization shall be permitted to participate in the operation of the bingo game. If no charitable organizations are available, the association may contract an outside operator to conduct the game for merchandise at the exposition, carnival or fair site. The provisions of this paragraph shall not be construed to allow bingo games to be ordinarily carried out on a commercial basis in this Commonwealth.
(11) [Deleted by 2017 Amendment.]
(12) No supplier of merchandise nor any person who has been convicted of a felony or a violation of this act shall have a pecuniary interest in the operation or proceeds of the bingo game.
(13) An association or a charitable organization may permit a person who is not a bona fide member of the association or charitable organization and who has not been convicted of a felony or violation of this act to announce numbers during the conduct of bingo if the person is under the supervision of a bona fide member of the association or charitable organization. A person who is not a bona fide member of the association or charitable organization must be approved by the association or charitable organization prior to announcing numbers according to the association's or charitable organization's constitution, charter, articles of incorporation or bylaws.
(d) Application for license.--Each association shall apply to the licensing authority for a license on a form to be prescribed by the Secretary of the Commonwealth. Said form shall contain an affidavit to be affirmed by the executive officer or secretary of the association stating that:
(1) No person under the age of 18 will be permitted by the association to play bingo unless accompanied by an adult.
(2) The facility in which any game of bingo is to be played does have adequate means of ingress and egress and adequate sanitary facilities available in the area.
(3) The association is the sole or joint owner with a licensed association of the equipment used in playing bingo or it leases the equipment from another licensed association under a written agreement for a fee which is not determined by the amount of receipts realized from the playing of bingo or the number of people attending bingo games. This paragraph shall not apply to associations contracting with charitable organizations or outside operators to conduct bingo at expositions, carnivals or fairs.
(4) The association is the owner of both the premises upon which bingo is played and the personal property used in the conduct of the game or, if it is not, that the association is not leasing such premises or personal property from the owner thereof under an oral agreement, nor is it leasing such premises or personal property from the owner thereof under a written agreement at a rental which is determined by either the amount of receipts realized from the playing of bingo or the number of people attending bingo games, nor is it leasing such premises or personal property from a person who has been convicted of a felony or a violation of this act.
(5) [Deleted by 2017 Amendment.]
(6) The association in any calendar day will not award a total of more than $8,000 in prizes.
(7) The association is a nonprofit association as defined in this act.
(e) Limitation on compensation.--No person may be employed in the operation or the actual running of a bingo game for compensation greater than $50 per day, except employees of outside operators under section 5(c)(10) , and any person compensated shall be paid individually by check or by cash, in which case the payee shall sign a written receipt therefor. In addition, no person shall receive compensation from more than one source for services rendered in the operation of a bingo game.
(f) Investigation of association.--The licensing authority may request an investigation to verify the statements made in any application for a license.

10 P.S. § 305

Amended by P.L. TBD 2017 No. 66, § 2, eff. 2/20/2018.
1981, July 10, P.L. 214, No. 67, §5, effective in 120 days. Amended 1982, Dec. 15, P.L. 1299, No. 293, §2, effective in 60 days; 1988 , Feb. 12, P.L. 76, No. 14, § 1, effective in 60 days.