Regular Session 2023-2024 House Bill 2042 P.N. 2604

PRINTER'S NO. 2604

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2042

Session of

2024

INTRODUCED BY DUNBAR, SMITH, JOZWIAK AND DALEY,

FEBRUARY 20, 2024

REFERRED TO COMMITTEE ON GAMING OVERSIGHT, FEBRUARY 20, 2024

AN ACT

Amending Titles 4 (Amusements) and 18 (Crimes and Offenses) of

the Pennsylvania Consolidated Statutes, in revenues,

providing for audits of Pennsylvania Race Horse Development

Trust Fund; in administration and enforcement, further

providing for investigations and enforcement; in general

provisions, further providing for definitions; in

administration, further providing for records and

confidentiality of information; in application and licensure,

further providing for establishment licenses, for license or

permit prohibition, for issuance and renewal and for

conditional licenses; in operation, further providing for

testing and certification of terminals and for video gaming

limitations, providing for hours of operation and further

providing for terminal placement agreements and for

compulsive and problem gambling; in enforcement, further

providing for investigations and enforcement; in revenues,

further providing for distribution of local share, for

regulatory assessments and for transfers from Video Gaming

Fund; in ethics, further providing for political influence;

in riot, disorderly conduct and related offenses, further

providing for the offense of gambling devices, gambling,

etc.; providing for implementation; and making a repeal.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Title 4 of the Pennsylvania Consolidated Statutes

is amended by adding a section to read:

§ 1406.1. Audits of Pennsylvania Race Horse Development Trust

Fund.

(a) Financial audit.--By December 31, 2023, and each

December 31 thereafter, the Office of the Budget shall conduct a

financial audit of the money distributed under section 1406

(relating to d istributions from Pennsylvania Race Horse

Development Trust Fund ) for the prior fiscal year. The scope of

the audit shall be limited to expenditures of money under

section 1406(a). The audit may include recommendations for

changes relating to the maintenance, use or administration of

the money.

(b) Public record.--The audit and audited financial

statement required under this section shall be open to

inspection by the public.

(1) A horsemen's organization shall, within 90 days

after the end of the organization's fiscal year, prepare an

annual financial statement in accordance with generally

accepted accounting principles for the horsemen's

organization and each of the horsemen's organization's

affiliates.

(2) The financial statement required under paragraph (1)

shall be prepared beginning in the horsemen's organization's

fiscal year ending prior to June 30, 2023, and for each

fiscal year thereafter.

(3) The financial statement required under paragraph (1)

shall include additional information as necessary to

reconcile the information in the financial statement to the

amounts received by the horsemen's organization during the

same fiscal year and as otherwise directed by the Office of

the Budget.

(d) Accountants or actuaries.--The Office of the Budget

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shall engage independent certified public accountants or

actuaries to conduct the audits under subsection (a) and to

audit the annual financial statements and accompanying

additional information filed under subsection (c)(3) for each

fiscal year. The Office of the Budget shall provide copies of

each audit to the persons listed under subsection (e)(2), (3),

(4) and (5).

(d.1) Additional information.--Within 90 days of a written

request by the Office of the Budget for additional information,

the horsemen's organization shall provide the additional

information.

(e) Statements and reports.--Within 10 days of completion of

an audit under subsection (a), the horsemen's organization shall

provide the financial statement and report required under

subsection (c) to each of the following within 90 days of the

end of the organization's fiscal year:

(1) The Department of Agriculture.

(2) The chair and minority chair of the Community,

Economic and Recreational Development Committee of the Senate

and the chair and minority chair of the Gaming Oversight

Committee of the House of Representatives.

(3) The chair and minority chair of the Agriculture and

Rural Affairs Committee of the Senate and the chair and

minority chair of the Agriculture and Rural Affairs Committee

of the House of Representatives.

(4) The Pennsylvania Gaming Control Board.

(5) The State Horse Racing Commission and the State

Harness Racing Commission.

(f) Distributions suspended for noncompliance.--

Distributions under section 1406 shall be suspended for a

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horsemen's organization that the office certifies is out of

compliance with the requirements of this section.

(g) Cooperation.--A horsemen's organization shall cooperate

fully with an audit under this section.

Section 2. Section 1517(c)(13) of Title 4 is amended and the

subsection is amended by adding a paragraph to read:

§ 1517. Investigations and enforcement.

* * *

Pennsylvania State Police shall have the following powers and

duties:

* * *

[(13) A member of the Pennsylvania State Police assigned

to duties of enforcement under this part shall not be counted

toward the complement as defined in the act of December 13,

2001 (P.L.903, No.100), entitled "An act repealing in part a

limitation on the complement of the Pennsylvania State

Police."]

(13.1) The board shall not require the Pennsylvania

State Police to have an office located within a licensed

facility.

* * *

Section 3. The definitions of "coin-operated amusement

game," "establishment license," "establishment licensee,"

"gaming employee," "inducement," "licensee," "truck stop

establishment" and "video gaming terminal" in section 3102 of

Title 4 are amended and the section is amended by adding

definitions to read:

§ 3102. Definitions.

The following words and phrases when used in this part shall

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have the meanings given to them in this section unless the

context clearly indicates otherwise:

* * *

"Club liquor license." Any of the following licenses issued

by the Pennsylvania Liquor Control Board under Article IV of the

act of April 12, 1951 (P.L.90, No.21), known as the Liquor Code:

(1) Catering club.

(2) Club liquor.

(3) Club retail dispenser.

"Coin-operated amusement game." A [machine that requires the

insertion of a coin, currency or token to play or activate a

game the outcome of which is predominantly and primarily

determined by the skill of the player.] mechanical, electrical

or computerized contrivance, terminal, machine or other device

that requires the insertion of a coin, currency, token or

similar object to play or activate a game and meets each of the

following criteria:

(1) The outcome of the game is predominantly and

primarily determined by the skill of the player.

(2) Elements of chance do not affect or have a

de minimis effect on the outcome of the game.

(3) Winning the game entitles the player to a noncash

merchandise prize or a gift card that may be redeemable for a

noncash merchandise prize, food or drink or additional

credits to play the game.

* * *

"Convenience store." A retail business that sells everyday

items, such as coffee, groceries, snack foods, confectionery,

soft drinks, tobacco products, over-the-counter drugs,

toiletries, gasoline and magazines.

20240HB2042PN2604 - 5 -

* * *

"Department store." A retail establishment offering consumer

goods in different areas of the store, which may include food

items.

"Establishment." A restaurant liquor license, club liquor

license or truck stop establishment.

"Establishment license." A license issued by the board

authorizing [a truck stop] an establishment to permit a terminal

operator licensee to place and operate video gaming terminals on

the [truck stop] establishment's premises under this part and

the rules and regulations promulgated under this part.

"Establishment licensee." [A truck stop] An establishment

that holds an establishment license.

* * *

"Gaming employee."

(1) Any of the following:

(i) An employee of a terminal operator licensee[,

establishment licensee] or supplier licensee [that] who

is not a key employee and is involved in the conduct of

video gaming.

(ii) An employee of a supplier licensee whose duties

are directly involved with the repair or distribution of

video gaming terminals or associated equipment sold or

provided to a terminal operator licensee within this

Commonwealth as determined by the board.

(iii) An employee of an establishment licensee who

is:

(A) responsible for the management, supervision

and training of establishment employees regarding the

conduct of video gaming;

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(B) responsible for coordinating video gaming

operations with a terminal operator; and

issues that arise at the premises of an establishment

licensee.

(2) The term does not include nongaming personnel as

determined by the board [or an employee of an establishment

licensee].

* * *

"Grocery store." A retail business that primarily sells a

variety of fresh and packaged foods, beverages and other items

to be consumed or used off of the store premises.

* * *

"Inducement."

(1) Any of the following:

(i) Consideration paid directly or indirectly, from

a manufacturer, supplier, terminal operator, procurement

agent, gaming employee, employee or another person on

behalf of an applicant or anyone licensed under this

part, to [a truck stop] an establishment, establishment

licensee, establishment licensee owner or an employee of

the establishment licensee, directly or indirectly as an

enticement to solicit or maintain the establishment

licensee or establishment licensee owner's business.

(ii) Cash, incentive, marketing and advertising

cost, gift, food, beverage, loan, prepayment of gross

terminal revenue and other contribution or payment that

offsets an establishment licensee's operational costs, or

as otherwise determined by the board.

(2) The term shall not include costs paid by a terminal

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operator applicant or terminal operator licensee related to

[making video gaming terminals operate at the premises of an

establishment licensee, including wiring and rewiring,

software updates, ongoing video gaming terminal maintenance,

redemption terminals, network connections, site controllers

and costs associated with communicating with the central

control computer system.]:

(i) Structural changes necessary to segregate the

video gaming area or maintain the security of video

gaming terminals and redemption terminals as required by

the board that do not exceed $2,500, except that any

changes in excess of $2,500 may be shared equally between

the terminal operator applicant or terminal operator

licensee and the establishment applicant or establishment

licensee.

(ii) Surveillance technology to monitor only the

video gaming area.

(iii) Operation of video gaming terminals at a

licensed establishment, including wiring and rewiring,

software updates, ongoing video gaming terminal

maintenance, redemption terminals, network connections,

site controllers and costs associated with communicating

with the central control computer system.

(iv) Installation of a security and alarm system at

the premises of an establishment licensee that are

reasonably necessary to protect video gaming terminals

and redemption terminals outside normal business hours,

provided that the cost does not exceed $1,000.

(v) A requirement established by the board regarding

a minimum standard for a video gaming area.

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(vi) A cosmetic renovation or improvement within a

video gaming area that is reasonably necessary, as

determined by the board.

(vii) A fee established by the board to cover costs

associated with the mandatory employee training program

established under section 3706 (relating to compulsive

and problem gambling).

* * *

"Licensee." A person [listed] licensed under this part.

* * *

"Restaurant." A reputable place:

(1) operated by responsible persons of good reputation;

(2) habitually and principally used for the purpose of

providing food for the public;

(3) having an area within a building of not less than

400 square feet; and

(4) equipped with tables and chairs, including bar

seats, accommodating at least 30 individuals at one time.

"Restaurant liquor license." A license issued by the

Pennsylvania Liquor Control Board under Article IV of the Liquor

Code for a restaurant. The term does not include a restaurant

liquor license that has an interior connection to a grocery

store, convenience store, department store or similar business.

* * *

"Skill." The knowledge, dexterity, adroitness, acumen or

other mental skill of an individual.

"Skill video gaming terminal." A video gaming terminal in

which a combination of the skill of the player and elements of

chance affect the outcome of the game, regardless of whether or

not a random number generator is utilized. The term shall not

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include a coin-operated amusement game.

* * *

"Truck stop establishment." A premises that:

(1) Is equipped with diesel islands used for fueling

[commercial motor vehicles.] motor carrier vehicles as

defined in 75 Pa.C.S. § 102 (relating to definitions).

(2) Has sold on average 50,000 gallons of diesel or

biodiesel fuel each month for the previous 12 months or is

projected to sell an average of 50,000 gallons of diesel or

biodiesel fuel each month for the next 12 months.

(3) Has at least [20 parking spaces dedicated for

commercial motor vehicles.] 4,000 gross square feet, not

necessarily contiguous or marked with individual parking

spaces, dedicated for parking motor carrier vehicles as

defined in 75 Pa.C.S. § 102.

(4) Has a convenience store.

(5) Is situated on a parcel of land of not less than

three acres that the truck stop establishment owns or leases.

(6) Is not located on any property owned by the

Pennsylvania Turnpike.

(7) Has sufficient laundry facilities for motor carrier

vehicle drivers.

(8) Has individual shower, toilet and sink facilities

for motor carrier vehicle drivers.

* * *

"Video gaming terminal."

(1) A mechanical or electrical contrivance, terminal,

machine or other device approved by the board that, upon

insertion of cash or cash equivalents, is available to play

or operate one or more gambling games, the play of which

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utilizes a random number generator and:

(i) May award a winning player either a free game or

credit that shall only be redeemable for cash or cash

equivalents at a redemption terminal.

(ii) May utilize video displays.

(iii) May use an electronic credit system for

receiving wagers and making payouts that are only

redeemable at a redemption terminal.

(2) Associated equipment necessary to conduct the

operation of the contrivance, terminal, machine or other

device.

(3) The term does not include a slot machine operated at

a licensed facility in accordance with Part II (relating to

gaming) or a coin-operated amusement game.

(4) The term does not include "lottery" as defined under

the act of August 26, 1971 (P.L.351, No.91), known as the

State Lottery Law.

(5) The term includes a skill video gaming terminal.

Section 4. Section 3305(d) of Title 4 is amended to read:

§ 3305. Records and confidentiality of information.

* * *

(d) Information held by other agencies.--Files, records,

reports and other information in the possession of the

department or the Pennsylvania Liquor Control Board pertaining

to an applicant, licensee or permittee shall be made available

to the board as may be necessary to the effective administration

of this part.

Section 5. Section 3514(a) introductory paragraph of Title 4

is amended and the subsection is amended by adding a paragraph

to read:

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§ 3514. Establishment licenses.

(a) General requirements.--[A truck stop] An establishment

that submits an application for an establishment license shall

include at a minimum:

* * *

(4.1) If the applicant is in possession of a restaurant

liquor license or club liquor license:

(i) documentation showing that the restaurant liquor

license or club liquor license of the establishment is

valid and in good standing with the Pennsylvania Liquor

Control Board; and

(ii) disclosure of conditional license agreements

entered into under the act of April 12, 1951 (P.L.90,

No.21), known as the Liquor Code.

* * *

Section 6. Section 3515(2) of Title 4 is amended by adding

subparagraphs to read:

§ 3515. License or permit prohibition.

The following apply:

* * *

(2) In addition to the prohibition under paragraph (1),

the board shall be prohibited from granting the following:

* * *

(iv) An establishment license to an applicant that

is an establishment whose restaurant liquor license or

club liquor license is not in good standing with the

Pennsylvania Liquor Control Board.

(v) An establishment license to an applicant that is

an establishment which has been declared a nuisance under

section 611 of the act of April 12, 1951 (P.L.90, No.21),

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known as the Liquor Code, or has been declared a nuisance

within the past three years.

(vi) An establishment license to an applicant that

is an establishment with a conditional license agreement

entered into under the Liquor Code unless the agreement

has been amended to allow for video gaming.

(vii) An establishment license to an applicant that

is an establishment whose restaurant liquor license or

club liquor license has been suspended, unless three

years have elapsed from the date of suspension.

* * *

Section 7. Section 3516(a)(1) of Title 4 is amended to read:

§ 3516. Issuance and renewal.

(a) Issuance.--

(1) In addition to any other criteria provided under

this part, any terminal operator, [truck stop] establishment,

supplier, manufacturer, gaming employee, key employee,

principal or other person that the board approves as

qualified to receive a license, permit or other authorization

under this part shall be issued a license or permit upon the

payment of a fee required in section 4101 (relating to fees)

and upon the fulfillment of conditions required by the board

or provided for in this part.

* * *

Section 8. Section 3520(a) of Title 4 is amended by adding a

paragraph to read:

§ 3520. Conditional licenses.

(a) Conditional establishment licenses.--

* * *

(2.1) The board shall issue a conditional license to an

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applicant for an establishment license if the applicant is a

restaurant liquor licensee or club liquor licensee and

satisfies the criteria under paragraph (2) and the following

criteria, as determined by the board:

(i) The applicant held a valid restaurant liquor

license or club liquor license on the date of application

and the license is in good standing.

(ii) The restaurant liquor licensee or club liquor

licensee has not been declared a nuisance under section

611 of the act of April 12, 1951 (P.L.90, No.21), known

as the Liquor Code, or three years have elapsed from the

date of the declaration.

(iii) The applicant has a conditional license

agreement entered into under the Liquor Code.

(iv) The applicant's restaurant liquor license or

club liquor license has not been suspended or five years

have elapsed from the date of suspension.

* * *

Section 9. Section 3701(b)(9) of Title 4 is amended and the

subsection is amended by adding a paragraph to read:

§ 3701. Testing and certification of terminals.

* * *

(b) Video gaming terminal specifications.--Video gaming

terminals shall be tested and certified to meet the following

specifications:

* * *

(9) [The] Except as provided in paragraph (9.1), the

video gaming terminal shall pay out a minimum of 85% of the

amount wagered.

(9.1) The board shall adopt alternative minimum

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requirements for payout for skill video gaming terminals that

define a minimum win percentage based on the combination of

skill and the elements of chance of the game.

* * *

Section 10. Section 3702(a)(1) and (b)(1) and (6) of Title 4

are amended, subsection (a) is amended by adding a paragraph and

the section is amended by adding a subsection to read:

§ 3702. Video gaming limitations.

(a) Establishment licensee limitations.--An establishment

licensee may offer video gaming terminals for play within its

premises, subject to the following:

(1) No more than five video gaming terminals may be

placed on the premises of [the] an establishment licensee.

* * *

(13) An establishment licensee must employ at least one

gaming employee. An establishment licensee is not required to

have a gaming employee on premises during the conduct of

video gaming at the establishment.

(b) Terminal operator licensee limitations.--A terminal

operator licensee may place and operate video gaming terminals

on the premises of an establishment licensee, subject to the

following:

(1) No more than five video gaming terminals may be

placed on the premises of [the] an establishment licensee.

* * *

(6) No terminal operator licensee may give or offer to

give, directly or indirectly, any type of inducement to [a

truck stop] an establishment to secure or maintain a terminal

placement agreement.

* * *

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more than 50,000 video gaming terminals in this Commonwealth.

Section 11. Title 4 is amended by adding a section to read:

§ 3703.1. Hours of operation.

(a) Restaurant liquor license establishments and club liquor

license establishments.--An establishment licensee that is also

a restaurant liquor license establishment or club liquor license

establishment may only permit the play of a video gaming

terminal during the hours that the restaurant liquor license

establishment or club liquor license establishment is authorized

by the Pennsylvania Liquor Control Board to sell alcoholic

beverages.

(b) Truck stop establishments.--An establishment licensee

that is also a truck stop establishment may permit play of a

video gaming terminal during normal business hours.

Section 12. Section 3704 of Title 4 is amended by adding a

subsection to read:

§ 3704. Terminal placement agreements.

* * *

(f.1) Additional void agreements.--An agreement entered into

by a restaurant liquor license establishment or club liquor

license establishment prior to the effective date of this

subsection with a person for the placement, operation, service

or maintenance of a video gaming terminal or skill video gaming

terminal, including an agreement granting a person the right to

enter into an agreement or match an offer made after the

effective date of this subsection, shall be void and may not be

approved by the board.

* * *

Section 13. Section 3706(d)(3) and (e) of Title 4 are

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amended to read:

§ 3706. Compulsive and problem gambling.

* * *

(d) Mandatory training.--

* * *

(3) At least one gaming employee of the establishment

licensee [who holds a valid occupation permit and has

successfully completed the training program shall be located

on the premises and supervising the video gaming area during

all times video gaming terminals are available for play.]

shall successfully complete the training program.

(e) Penalty.--An establishment licensee that fails to

fulfill the requirements of subsection (a), (b), (c) or (d)

shall be assessed by the board an administrative penalty and may

have its establishment license suspended. When determining the

penalty and number of suspension days, the board shall consider

the length of time in which the materials were not available or

[a trained employee was not located on the premises] at least

one gaming employee was not trained as required by subsection

(d)(3).

Section 14. Section 3904(d) of Title 4 is amended by adding

a paragraph and the section is amended by adding a subsection to

read:

§ 3904. Investigations and enforcement.

* * *

(d) Powers and duties of the Pennsylvania State Police.--The

Pennsylvania State Police shall have the following powers and

duties:

* * *

(14) Require the Bureau of Liquor Control Enforcement to

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report to the bureau violations of this part that are found

during the normal course of duties required under the laws of

this Commonwealth.

* * *

(j) Pennsylvania Liquor Control Board.--Nothing in this part

shall be construed as conferring on the Pennsylvania Liquor

Control Board the authority to assess penalties under the act of

April 12, 1951 (P.L.90, No.21), known as the Liquor Code,

against a club establishment that holds an establishment license

for violations of this part that are not a criminal offense.

Section 15. Sections 4103, 4104(b) and (d) and 4105(b) of

Title 4 are amended to read:

§ 4103. Distribution of local share.

[(a) Distribution.--

(1) (Reserved).

(2) The department shall on a quarterly basis deposit

the local share assessment imposed under section 4102(b)(1)

(ii) (relating to taxes and assessments) into a restricted

receipts account to be established in the Commonwealth

Financing Authority to be used exclusively for grants for

projects in the public interest within the Commonwealth.]

(a.1) Distribution.--The department shall distribute, in a

manner and according to a schedule adopted by the department, to

each county 10% of the gross terminal revenue of each video

gaming terminal operating within the county into a restricted

receipts account on a quarterly basis to be distributed to the

county for grants for projects in the public interest within the

county.

(b) Duty of terminal operator.--A terminal operator licensee

shall continuously provide the department with records,

20240HB2042PN2604 - 18 -

documents or other information necessary to effectuate the

requirements of subsection [(a).] (a.1).

(1) In cooperation with the department and the

Commonwealth Financing Authority, the Department of Community

and Economic Development shall submit an annual report by

August 31, 2025, and by August 31 of each year thereafter, on

all distributions of local share assessments to counties

under this section to the chairperson and minority

chairperson of:

(i) The Appropriations Committee of the Senate.

(ii) The Appropriations Committee of the House of

Representatives.

(iii) The Community, Economic and Recreational

Development Committee of the Senate.

(iv) The Gaming Oversight Committee of the House of

Representatives.

(2) A county that receives a distribution of local share

assessments under this section shall submit information to

the Department of Community and Economic Development on a

form prepared by the Department of Community and Economic

Development that states the amount and use of the money

received under this section in the prior fiscal year.

§ 4104. Regulatory assessments.

* * *

(b) Bi-monthly deposits.--

(1) The department shall determine the appropriate

assessment amount for each terminal operator licensee, which

shall be a percentage assessed on the terminal operator

licensee's bi-monthly gross terminal revenue, except that the

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percentage assessed may not exceed 2%.

(2) The percentage assessed shall not exceed an amount

equal to the costs or expenses incurred by the board, the

department, the Pennsylvania State Police or the Office of

Attorney General in carrying out their powers and duties

under this part based upon a budget submitted by the

department under subsection (c).

* * *

(d) Appropriation.--

(1) Costs and expenses may be paid from the accounts

established under subsection (a) only upon appropriation by

the General Assembly.

(2) If the total costs or expenses incurred by the

board, the department, the Pennsylvania State Police or the

Office of Attorney General exceed the amounts available in

the accounts established under subsection (a), the General

Assembly [may] shall appropriate additional amounts to the

board, the department, the Pennsylvania State Police or the

Office of Attorney General from the Video Gaming Fund.

§ 4105. Transfers from Video Gaming Fund.

* * *

(b) General Fund transfer.--On June 30, 2018, and on the

last day of each fiscal year thereafter, the State Treasurer

shall transfer the remaining balance in the Video Gaming Fund

[that is not transferred under subsection (a) to the General

Fund.] as follows:

(1) Fourteen percent to the Race Horse Development Trust

Fund.

(2) Thirty-eight percent to the Property Tax Relief

Fund.

20240HB2042PN2604 - 20 -

(3) Forty-eight percent to the General Fund.

Section 16. Section 4305 of Title 4 is amended by adding a

subsection to read:

§ 4305. Political influence.

* * *

(e.1) Expiration.--

(1) Upon publication of the notice required under

paragraph (2), this section shall expire.

(2) Within 30 days of a final order of court, not

subject to appeal, stating that section 1513 (relating to

political influence) is unconstitutional, the Secretary of

the Commonwealth shall transmit notice of the final order to

the Legislative Reference Bureau for publication in the next

available issue of the Pennsylvania Bulletin.

* * *

Section 17. Section 5513(f) of Title 18 is amended by adding

definitions to read:

§ 5513. Gambling devices, gambling, etc.

* * *

(f) Definitions.--The following words and phrases when used

in this section shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Amusement game." A mechanical, electrical or computerized

contrivance, terminal, machine or other device that requires the

insertion of a coin, currency, token or similar object to play

or activate a game and meets all of the following criteria:

(1) The outcome of the game is predominantly and

primarily determined by the skill of the player.

(2) Elements of chance do not affect or have a

de minimis effect on the outcome of the game.

20240HB2042PN2604 - 21 -

(3) Winning the game entitles the player to a noncash

merchandise prize or a gift card that may be redeemable for a

noncash merchandise prize, food or drink or additional

credits to play the game.

* * *

"Skill." The knowledge, dexterity, adroitness, acumen or

other mental ability of an individual.

"Slot machine." The term shall include a mechanical,

electrical or computerized contrivance, terminal, machine or

other device approved by the Pennsylvania Gaming Control Board

which, upon insertion of a coin, bill, ticket, token or similar

object therein or upon payment of any consideration whatsoever,

including the use of an electronic payment system, is available

to play or operate, and in which a combination of the skill of

the player and elements of chance affect the outcome of the game

and the skill of the player, rather than the element of chance,

is the predominant factor in affecting the outcome of the game

and awards the player directly or indirectly a prize. The term

shall not include an amusement game.

Section 18. The Pennsylvania Liquor Control Board shall, for

the purposes of the definition of "restaurant" in 4 Pa.C.S. §

3102, promulgate regulations to determine what constitutes

tables and chairs sufficient to accommodate 30 individuals at

one time.

Section 19. Repeals are as follows:

(1) The General Assembly declares that the repeal under

paragraph (2) is necessary to effectuate the addition of 4

Pa.C.S. § 1406.1.

(2) Section 1701-O of the act of April 9, 1929 (P.L.343,

No.176), known as The Fiscal Code, is repealed.

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Section 20. This act shall take effect in 30 days.

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