The special raffle permit authorizes a holder to conduct a raffle that exceeds the normal prize limits applicable to games of chance. Generally, a licensed eligible organization may obtain up to 10 special raffle permits. Online reporting is scheduled to begin February 1, The annual reports will require the organization to report proceeds received by the organization from each game of chance conducted and the amount of prizes paid itemized by week, as well as other costs related to the conduct of games and the amount of proceeds distributed for public interest.
Background checks. Proration of fees. A license or registration fee will not be prorated. Inspection of premises. Illegal prizes. A prize may not be given which is illegal under a municipal, State or Federal law.
Prohibited practices, contracts, gifts, and the like. A licensee or registrant or employee thereof, may not directly or indirectly solicit, receive from, or give or offer to give a manufacturer or distributor or his employee gifts, loans of money, premiums, rebates, free merchandise or services of a substantial value.
Nothing in this subsection is intended to prohibit individual manufacturers, distributors and eligible organizations from negotiating for the price to be paid for goods, prizes or services sold or rendered in connection with games of chance. Examination of records.
In addition to the examination of records authorized during an inspection of the premises, the Department is authorized to examine the reports, books, accounts and records, and the inventory related to games of chance of a licensed distributor, registered manufacturer, licensed eligible organization or their representatives. Every manufacturer, distributor or eligible organization is directed and required to give to the Department or its authorized representatives the means, facilities and opportunity for the examinations.
Ownership of games of chance. The physical possessor of a chance in a game is the owner of the chance until a name is imprinted or placed upon it. When a name is placed upon the chance, the person whose name appears on the chance is the owner and is entitled to a prize attributable to it. Governing law. Transactions taking place under the authority granted in the act or this part are governed by the laws of the Commonwealth. If a dispute occurs about whether a chance is a winning chance and the dispute cannot be resolved through normal verification procedures or other appropriate means the licensed eligible organization may retain the chance and replace it with an equivalent chance in a like game.
This is the exclusive remedy of the owner of the chance. Detailed records regarding the dispute, the reasons for the dispute and the chance shall be maintained by the eligible organization for a minimum of 2 years from the date the dispute arose. Termination of games of chance.
A licensed eligible organization may announce a termination date at which point no further chances may be sold, and a date by which all claims or prizes shall be made. This date may not be less than 30 days after the last date for play of the game being terminated. Federal withholding and reporting requirements. A licensed eligible organization is responsible for complying with Internal Revenue Service rules for reporting and withholding on gambling and lottery winnings.
State withholding and reporting requirements. A licensed eligible organization is responsible for complying with Commonwealth rules for reporting and withholding on gambling and lottery winnings. Commonwealth resident designee. Merchandise prize valuation. Merchandise prizes shall be valued at their cash value which is equal to their fair market value. Operating days, nonoperating days and operating weeks.
An operating day or a nonoperating day may not overlap with any other operating day or nonoperating day. For example, an eligible organization could choose its operating day to be from a. The eligible organization shall amend its license before the new operating day or week becomes effective.
Power and duties. The Department has the power and authority granted to it by the Legislature under the act, including the power and authority to do the following: 1 Review the tax status of an applicant for a certificate or distributor license. The standards and restrictions may include specifications for the maximum number of chances available to be sold for a single game or prize and other standards and restrictions the Department deems necessary for the purpose of the act.
Administrative entity. The administrative entity may be changed by notice published in the Pennsylvania Bulletin. Fee payment. Bad checks submitted as payment of fees. Application materials required by the licensing authority, manufacturers and distributors will be available from the Department.
Subchapter B. Registration and game approval forms. The information to be provided on the form must include: 1 The name of the game.
Manufacturer registration application form contents. An application for registration as a manufacturer of games of chance shall contain at a minimum the following information: 1 The name of the manufacturer, including a copy of the Fictitious Name Registration Form, Department of State Registry Statement or similar registration form.
It does not include the address of each person from whom the manufacturer purchases raw materials, components or subparts used to manufacture its games. If organized as a partnership, the application must contain the names, addresses and telephone numbers of all partners. This information must also accompany renewal application if requested or if amended.
The list must contain information as prescribed on the manufacturer registration application form. A copy of the approved deferred payment plan shall be attached to the certified statement. Change of application information. A manufacturer shall report any changes to the information supplied in its application to the Department within 15 days of the change. Waiver of confidentiality.
By filing an application for the grant of a manufacturer registration certificate, the applicant waives confidentiality with respect to Commonwealth tax information in the possession of the Department, the Office of Attorney General or the Department of Labor and Industry regarding the applicant, regardless of the source of that information, and consents to the provision of that information to the Department by the Office of Attorney General or the Department of Labor and Industry.
Registration fee. No part of the registration fee is subject to proration. Registration term. A registration term begins on April 1 and ends on March 31 of the succeeding year. A certificate issued during a registration term is only valid from the date of issuance to the end of the registration term. Annual applications. A registered manufacturer shall file an application for a certificate at least 60 days prior to the expiration date of its existing certificate to ensure that the Department will act on its application prior to the expiration of its current certificate.
Registration number. The Department will assign a registration number and issue a certificate to each manufacturer that it approves for registration. The registered manufacturer shall place the registration number on all documents used in any transactions under the act or this part.
Duplicate certificate. If a certificate is defaced, destroyed or lost, the Department may issue a duplicate to the holder of the certificate upon submission of a duplicate application form. A manufacturer is prohibited from transferring or assigning its certificate. Representatives of manufacturer. Dissolutions, terminations, mergers and bankruptcies. Change of address. A manufacturer shall notify the Department, in writing, 10 days before a change of address.
Change in ownership or personnel. The manufacturer shall make a written report to the Department of changes of responsible persons engaged in the business of the manufacturer. The report shall be filed on September Denial, notice of violation and revocation. The Department may deny an application for a certificate, issue a notice of violation or revoke a certificate if the manufacturer or a person required to be identified in the application form commits one or more of the following acts: 1 Has included false information on the application.
The Department may deny an application for a game of chance approval. The Department may issue a notice of violation for or revoke an approved game of chance if the game of chance fails to meet the requirements of the act or this part.
The Department may revoke its approval of a game if the Department determines that the approval was issued in error. A manufacturer retains the privileges conferred on it by its certificate or game approval during the notice period and may continue to sell games of chance in this Commonwealth.
An extension may not exceed 30 additional days. The notice will provide: i The issue date of the notice. Registration following revocation. Unless otherwise provided by the act or this part: 1 A manufacturer whose certificate is revoked is ineligible to apply for and receive another certificate for the remaining registration term or 6 months, whichever is longer.
Registration decision time limit. The Department will approve or deny applications within 60 days of their receipt unless the applicant is notified in writing of the specific reason for the delay.
Applications are considered to be received when they arrive at the Department as evidenced by the date stamp placed on the application. Notes of Decisions. Major Mfg. Department of Revenue , A. In General This regulation describes the decision time limit for reviewing applications for registration as manufacturers, not applications or requests to market devices. Raffle, daily drawing and weekly drawing ticket manufacturers. Distributor license requirement.
A person shall be licensed by the Department and possess a license to sell, offer for sale or otherwise furnish games of chance to licensed eligible organizations in this Commonwealth. License application form. For a distributor to obtain a license to sell games of chance in this Commonwealth, the distributor shall submit a license application to the Department in the form prescribed by the Department.
The application form shall be completed in full and will not be considered to be received until it has been completed in full. Distributor license application form contents. The application form must include the following: 1 The name of the distributor, including a copy of the Fictitious Name Registration, Department of State Registry Statement or similar registry statement.
This information must also accompany renewals if requested or if changed or amended. A distributor shall report any changes to the information supplied in its application to the Department within 15 days of the change.
An applicant for the grant or renewal of a distributor license by the filing of an application insofar as it relates to the Department, waives confidentiality with respect to Commonwealth tax information in the possession of the Department, the Office of Attorney General or the Department of Labor and Industry regarding the applicant, regardless of the source of that information and consents to the provisions of that information to the Department by the Office of Attorney General or the Department of Labor and Industry.
License fee. No part of this fee is subject to proration. License term. A license term begins on June 1 and ends on May 31 of the succeeding year. A license issued during a license term is only valid from the date of issuance to the end of the license term. There are two types of licenses an organization may purchase. A regular license is an annual license, and the term runs for a calendar year from the date of issuance.
A monthly license is valid for 30 consecutive days from the date of issuance. There is no restriction on the number of monthly licenses an eligible organization may obtain, but the licenses may not overlap. If it is the first time your organization is applying for a small games of chance license, a copy of the constitution and bylaws. If hosting a raffle, you must fill out the Ticket Request Form. Going and Plank helps restaurants, bars, taverns, and private clubs maintain liquor licenses, resolve liquor license issues, work through license renewal denials, and help you resolve complaints or violations associated with liquor licenses.
If need legal help with liquor license issues, contact a business attorney at Going and Plank. Small Games of Chance.
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