10 Pa. Stat. § 328.103
The following words and phrases when used in this act shall, except as provided under section 901, have the meanings given to them in this section unless the context clearly indicates otherwise:
"50/50 drawing." A game in which:
"Affiliated nonprofit organization." An organization established by or affiliated with a Major League Baseball, National Hockey League, National Basketball Association or Major League Soccer team for the purpose of raising funds for charity, which is qualified for an exemption under section 501(c)(3) of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 101(c)(3).
"Auxiliary group." The term shall not include a branch, lodge or chapter of a Statewide organization.
"Bona fide member." Any individual who holds a membership in the eligible organization as defined by that organization's constitution, charter, articles of incorporation or bylaws.
"Charitable organization." A not-for-profit group or body of persons which is created and exists for the purpose of performing a humane service; promoting the good and welfare of the aged, poor, infirm or distressed; combating juvenile delinquency; or advancing the spiritual, mental, social and physical improvement of young men and women.
"Civic and associations." Any Statewide or branch, lodge or chapter of a nonprofit national or State organization which is authorized by its written constitution, charter, articles of incorporation or bylaws to engage in a civic or service purpose within this Commonwealth, which shall have existed in this Commonwealth for one year. The term also means a similar local nonprofit organization, not affiliated with a national or State organization, which is recognized by a resolution adopted by the governing body of the municipality in which the organization conducts its principal activities. The term shall include Statewide or local bona fide sportsmen's and wildlife associations, federations or clubs, volunteer fire companies, volunteer rescue squads and volunteer ambulance associations and senior citizens organizations. In the case of bona fide senior citizens organizations, the licensing authority may accept alternative documentation for proof of purposes when there are no bylaws or articles of incorporation in existence. The term shall also include nonprofit organizations which are established to promote and encourage participation and support for extracurricular activities within the established primary and secondary public, private and parochial school systems. Such organizations must be recognized by a resolution adopted by the appropriate governing body. In the case of organizations associated with the public school system, the governing body shall be the school board of the school district. In the case of private or parochial school organizations, that body shall be either the board of trustees or the Archdiocese.
"Club." An organization that (1) is licensed to sell liquor under section 404 of the act of April 12, 1951 (P.L. 90, No. 21), known as the Liquor Code; and (2) qualifies as an exempt organization undersection 501(c) or 527 of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 501(c) or 527).
"Club licensee." A club that holds a license to conduct small games of chance.
"Conservation organization." A national or Statewide nonprofit organization or local federation, club or chapter of a national or Statewide nonprofit organization whose mission or activities include any of the following:
"Daily drawing." A game of chance in which a bona fide member selects or is assigned a number for a chance at a prize with the winner determined by random drawing to take place on the licensed eligible organization's licensed premises during the same operating day. The term includes games of chance commonly known as "member sign-in lotteries" and "half-and-half lotteries." Daily drawing winners may be determined with the aid of a passive selection device or reference to drawings conducted by the department pursuant to the act of August 26, 1971 (P.L.351, No.91), known as the State Lottery Law. Daily drawing chances may not be sold for an amount in excess of $1, and no more than one chance per individual may be sold per drawing. Nothing in this definition shall restrict an eligible organization from conducting more than one drawing per day. After a daily drawing is held, a bona fide member may immediately select a number for a chance at a prize for the next day's daily drawing.
"Department." The Department of Revenue of the Commonwealth.
"Dispensing machine." A device designed exclusively for the dispensing of the games of chance authorized by this act, including, but not limited to, ticket jars, fish bowls and stamp machines. Nothing in this act shall be construed to authorize devices commonly known as "slot machines" or "video poker."
"Eligible organization." A charitable, religious, fraternal or veterans' organization, club, club licensee or civic and service association. In order to qualify as an eligible organization for purposes of this act, an organization shall have been in existence and fulfilling its purposes for one year prior to the date of application for a license. The term shall include an affiliated nonprofit organization licensed under section 307.
"Fraternal organization." A nonprofit organization within this Commonwealth which is created and carried on for the mutual benefit of its members, has a limited membership and a representative form of government and is a branch, lodge or chapter of a national or State organization. Such organizations shall have been in existence in this Commonwealth and fulfilling their purposes for one year prior to the date of application for a license.
"Games of chance." Punchboards, daily drawings, weekly drawings, 50/50 drawings, raffles and pull-tabs, as defined in this act, provided that no such game shall be played by or with the assistance of any mechanical or electrical devices or media other than a dispensing machine or passive selection device and further provided that the particular chance taken by any person in any such game shall not be made contingent upon any other occurrence or the winning of any other contest, but shall be determined solely at the discretion of the purchaser. This definition shall not be construed to authorize any other form of gambling currently prohibited under any provision of Title 18 of the Pennsylvania Consolidated Statutes (relating to crimes and offenses) or authorized under 4 Pa.C.S. (relating to amusements). Nothing in this act shall be construed to authorize games commonly known as "slot machines" or "video poker" or other games regulated by the Pennsylvania Gaming Control Board.
"Law enforcement official." A municipal police officer, a member of the Pennsylvania State Police, the sheriff of a county or a deputy sheriff.
"License." A license to conduct games of chance.
"Licensed distributor." A distributor of games of chance licensed under section 307.
"Licensing authority." The county treasurer, or in any home rule county or city of the first class, where there is no elected treasurer, the designee of the governing authority.
"Major league sports drawing." [Repealed by 2019 Amendment.]
"Major league sports team." A sports team or racing facility that is any of the following:
"Municipality." A city, borough, incorporated town or township or a home rule municipality formerly classified as a city, borough, incorporated town or township.
"Passive selection device." A device which is used to hold or denote the universe of possible winning numbers or entrants in a daily drawing or raffle. Such a device may not have the capability of being utilized to conduct or aid in the conducting of unauthorized or illegal forms of gambling.
"Pool." An activity in which a person pays an entry fee for each chance to win cash or merchandise based on the outcome of an event or series of events wherein the participants in the event or series of events are natural persons or animals, and to which all of the following apply:
"Prize." Cash or merchandise awarded for games of chance.
"Proceeds." The difference between:
"Public interest purpose." One or more of the following:
The term does not include the erection or acquisition of any real property, unless the property will be used exclusively for one or more of the purposes specified in this definition.
"Pull-tab." A single folded or banded ticket or a strip ticket or card with a face covered to conceal one or more numbers or symbols, where one or more of each set of tickets or cards has been designated in advance as a winner.
"Punchboard." A board, placard or other device marked off in a grid or columns, in which each section contains a hidden number or numbers, or other symbol, which determines the winning chances.
"Race night game." A game of chance in which multiple participants place entry fees or wagers on a prerecorded horse race displayed on a single screen to multiple participants simultaneously during a gaming session that does not exceed eight consecutive hours and is not conducted more frequently than once a month. This definition does not include an instant racing machine, historical racing machine or other similar pari- mutuel device.
"Raffle." A game of chance in which a participant buys a ticket for a chance at a prize with the winner determined by a random drawing of corresponding ticket stubs . Such games of chance shall include lotteries but not daily and weekly drawings. Raffle winners may be determined by reference to drawings conducted by the department pursuant to the act of August 26, 1971 (P.L.351, No.91), known as the State Lottery Law. The term shall include a raffle auction.
"Raffle auction." A game of chance in which a participant buys a ticket for a chance to win a prize as follows:
"Religious organization." A not-for-profit group or body of persons which is created and which exists for the predominant purpose of regularly holding or conducting religious activities or religious education, without pecuniary benefit to any officer, member or shareholder except as reasonable compensation for actual services rendered to the organization.
"Tavern games." Pull tabs, tavern daily drawings and tavern raffles.
"Veterans organization." Any congressionally chartered organization within this Commonwealth, or any branch or lodge or chapter of a nonprofit national or State organization within this Commonwealth, the membership of which consists of individuals who were members of the armed services or armed forces of the United States. The term shall also include a home association, affiliate or other nonprofit organization established by or in cooperation with the veterans organization to provide services to veterans or to the community. Such organizations shall have been in existence in this Commonwealth fulfilling their purposes for one year prior to the date of application for a license.
"Weekly drawing." A game of chance in which a bona fide member selects or receives a number or numbers for a chance at a prize with the winner determined by a random drawing to take place on the licensed eligible organization's licensed premises at the end of a seven-day period. Weekly drawing winners may be determined with the aid of a passive selection device or reference to drawings conducted by the Department of Revenue pursuant to the act of August 26, 1971 (P.L.351, No.91), known as the State Lottery Law. Weekly drawing chances may not be sold for an amount in excess of $1. After a weekly drawing is held, a bona fide member may immediately select a number for a chance at a prize for the next weekly drawing.
10 P.S. § 328.103