Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 328.304 - [Renumbered from 317] Distributor licenses(a)License required.--No person shall sell, offer for sale or furnish games of chance to eligible organizations licensed under this chapter or licensed under chapter 9 unless such person shall have obtained a distributor license as provided in this section.(b) Application.-- An applicant for the grant or renewal of a distributor license issued pursuant to this section shall provide to the department, upon the form prescribed, all of the following: (1) The applicant's State sales tax number.(2) The applicant's State corporate tax number.(3) The applicant's State employer withholding tax number.(4) The applicant's unemployment compensation account number.(5) A statement that:(i) all State tax reports have been filed and all State taxes paid;(ii) all State taxes are subject to a timely administrative or judicial appeal; or(iii) all State taxes are subject to a duly approved deferred payment plan.(6) The names and business addresses of all owners, officers, directors, partners and sales personnel.(c) Waiver of confidentiality.-- An applicant for the grant or renewal of a distributor license issued pursuant to this section shall, by the filing of an application insofar as it relates to the department, waive any confidentiality with respect to State tax information in the possession of the department, the Office of Attorney General or the Department of Labor and Industry regarding that applicant, regardless of the source of that information, and shall consent to the providing of that information to the department by the Office of Attorney General or the Department of Labor and Industry.(c.1)Background.--The department shall conduct and annually update a criminal history record check on each individual listed under subsection (b)(6).(d) Review of tax status.-- Upon receipt of any application for the grant or renewal of a distributor license issued pursuant to this section, the department shall review the State tax status of the applicant. The department shall request State tax information regarding the applicant from the Office of Attorney General or the Department of Labor and Industry and that information shall be provided.(e) Limitation on approval.-- The department shall not approve any application for the grant or renewal of a distributor license issued pursuant to this section where the applicant has failed to: (1) provide any of the information required by subsection (b);(2) file required State tax reports; or(3) pay any State taxes not subject to a timely administrative or judicial appeal or subject to a duly authorized deferred payment plan.(f) Records.-- A distributor licensee shall keep such records, reports and books as the department shall prescribe. Applicants shall be required to make such records, reports and books available as required by the department pursuant to regulation.(g)Ineligibility.--The department shall not issue or renew a distributor license for the sale of games of chance to a person, including any corporation, firm or partnership which has as an officer, director or other person in a supervisory or management position, or employee eligible to make sales on behalf of the distributor, who: (1) has been convicted of a felony in a state or Federal court within the past five years; or(2) has been convicted within ten years of the date of application in a state or Federal court of a violation of any of the following: (ii) The act of July 10, 1981 (P.L.214, No.67), known as the Bingo Law.(iii) A gambling-related offense under 4 Pa.C.S. (relating to amusements).(iv) A gambling-related offense under 18 Pa.C.S. (relating to crimes and offenses).(v) A Federal or State law comparable to the statutes listed under subparagraphs (i), (ii), (iii) and (iv).(h) License and renewal fees.--The fee for a distributor license shall be $2,000. Licenses shall be renewable on an annual basis.(i) Exception.--This section shall not apply to the manufacture or distribution of raffle tickets, 50/50 drawings, daily drawings, weekly drawings or pools.Amended by P.L. 1062 2013 No. 92, § 4, eff. 1/26/2014.Amended by P.L. 1045 2013 No. 90, § 1.3, eff. 1/26/2014.Renumbered from § 317 by P.L. 7 2012 No. 2, § 7, eff. 3/3/2012.1988, Dec. 19, P.L. 1262, No. 156, § 7, effective in 60 days. Amended 1990, Dec. 19, P.L. 812, No. 195, § 3, imd. effective.