10 Pa. Stat. § 328.902

Current through Pa Acts 2024-53, 2024-56 through 2024-92

Section 328.902 - Definitions

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Applicant." The person applying for a license under this chapter. The term includes each owner and officer of the tavern where tavern games will be conducted and of the holder of the liquor, malt or brewed beverage license under the act of April 12, 1951 (P.L.90, No.21), known as the Liquor Code.

"Board." The Pennsylvania Liquor Control Board.

"Bureau." The Bureau of Investigations and Enforcement of the Pennsylvania Gaming Control Board.

"Grocery store."

A retail establishment, commonly known as a grocery store, supermarket or delicatessen, where food, food products and supplies are sold for human consumption on or off the premises. The term shall include a restaurant with an interior connection to, and the separate and segregated portion of, any other retail establishment which is dedicated solely to the sale of food, food products and supplies for the table for human consumption on or off the premises.

"Host municipality." A municipality with one or more tavernslicensed to conduct tavern games.

"License." A license to conduct tavern games under this chapter.

"Licensee." A person that holds a license under this chapter.

"Net revenue." As follows:

(1) For tavern games required to be purchased from a licensed distributor under this act, the difference between:

(i) the face value, as indicated by the manufacturer, collectible by a licensee from a tavern game; and

(ii) the maximum amount of prizes payable, as indicated by the manufacturer, by a licensee from a tavern game.

(2) For tavern games not required to be purchased from a licensed distributor, the term has the same meaning as proceeds.

"Restaurant licensee." A for-profit hotel, restaurant, privately owned public golf course, brew pub or micro brewery licensed to sell liquor under the Liquor Code. The term does not include any of the following:

(1) A grocery store.

(2) A premises where the sale of liquid fuels or oil is conducted.

"Tavern." A for-profit hotel, restaurant, privately owned public golf course or brew pub or micro brewery with a valid license to sell liquor, malt or brewed beverages under the Liquor Code. The term does not include any of the following:

(1) A grocery store.

(2) A restaurant where the sale of liquid fuels or oil is conducted.

(3) A hotel or restaurant whose place of business is located in a licensed facility as defined in 4 Pa.C.S. § 1103 (relating to definitions).

(4) A business on the grounds of a facility where a Major League sports team conducts games or races.

"Tavern daily drawing." A game in which:

(1) an individual at a tavern selects or is assigned a number for a chance at a prize with the winner determined by random drawing to take place at the tavern during the same operating day;

(2) a winner may be determined with the aid of a passive selection device or reference to drawings conducted by the department under the act of August 26, 1971 (P.L.351, No.91), known as the State Lottery Law;

(3) chances are not sold for an amount in excess of $1; and

(4) no more than one chance per individual is sold per drawing.

"Tavern raffle." A raffle held in part for a charitable or public purpose in accordance with section 908.1.

10 P.S. § 328.902

Added by P.L. 1045 2013 No. 90, § 5, eff. 1/26/2014.