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1518 - Prohibited acts; penalties.

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§ 1518.Prohibited acts; penalties.(a)Criminal offenses.--(1)The provisions of 18 Pa.C.S. § 4902 (relating toperjury), 4903 (relating to false swearing) or 4904 (relatingto unsworn falsification to authorities) shall apply to anyperson providing information or making any statement, whetherwritten or oral, to the board, the bureau, the department,the Pennsylvania State Police or the Office of AttorneyGeneral, as required by this part.(2)It shall be unlawful for a person to willfully:(i)fail to report, pay or truthfully account forand pay over any license fee, authorization fee, tax orassessment imposed under this part; or(ii)attempt in any manner to evade or defeat anylicense fee, authorization fee, tax or assessment imposedunder this part.(3)It shall be unlawful for any licensed entity, gamingemployee, key employee or any other person to permit a slotmachine, table game or table game device to be operated,transported, repaired or opened on the premises of a licensedfacility by a person other than a person licensed orpermitted by the board pursuant to this part.(4)It shall be unlawful for any licensed entity orother person to manufacture, supply or place slot machines,table games, table game devices or associated equipment intoplay or display slot machines, table games, table gamedevices or associated equipment on the premises of a licensedfacility without the authority of the board.(5)Except as provided for in section 1326 (relating tolicense renewals), it shall be unlawful for a licensed entityor other person to manufacture, supply, operate, carry on orexpose for play any slot machine, table game, table gamedevice or associated equipment after the person's license hasexpired and prior to the actual renewal of the license.(6)(i)Except as set forth in subparagraph (ii), itshall be unlawful for an individual while on the premisesof a licensed facility to knowingly use currency otherthan lawful coin or legal tender of the United States ora coin not of the same denomination as the coin intendedto be used in the slot machine with the intent to cheator defraud a licensed gaming entity or the Commonwealthor damage the slot machine.(ii)In the playing of a slot machine, it shall belawful for an individual to use gaming billets, tokens orsimilar objects issued by the licensed gaming entitywhich are approved by the board.(7)(i)Except as set forth in subparagraph (ii), itshall be unlawful for an individual to use or possess acheating or thieving device, counterfeit or alteredbillet, ticket, token or similar objects accepted by aslot machine or counterfeit or altered slot machine-issued tickets or vouchers at a licensed facility.(ii)An authorized employee of a licensee or anemployee of the board may possess and use a cheating orthieving device, counterfeit or altered billet, ticket,token or similar objects accepted by a slot machine orcounterfeit or altered slot machine-issued tickets orvouchers in performance of the duties of employment.(iii)(Deleted by amendment).(7.1)It shall be unlawful for an individual to do anyof the following:(i)Use or possess counterfeit, marked, loaded ortampered with table game devices or associated equipment,chips or other cheating devices in the conduct of gamingunder this part, except that an authorized employee of alicensee or an authorized employee of the board maypossess and use counterfeit chips or table game devicesor associated equipment that have been marked, loaded ortampered with, or other cheating devices in performanceof the duties of employment for training, investigativeor testing purposes only.(ii)Knowingly, by a trick or sleight of handperformance or by fraud or fraudulent scheme, table gamedevice or other device, for himself or for another, winor attempt to win any cash, property or prize at alicensed facility or to reduce or attempt to reduce alosing wager.(8)(i)Except as set forth in subparagraph (ii), itshall be unlawful for an individual to knowingly possessor use while on the premises of a licensed facility a keyor device designed for the purpose of and suitable foropening or entering any slot machine, drop box or coinbox which is located on the premises of the licensedfacility.(ii)An authorized employee of a licensee or amember of the board may possess and use a device referredto in subparagraph (i) in the performance of the dutiesof employment.(9)It shall be unlawful for a person or licensed entityto possess any device, equipment or material which the personor licensed entity knows has been manufactured, distributed,sold, tampered with or serviced in violation of theprovisions of this part with the intent to use the device,equipment or material as though it had been manufactured,distributed, sold, tampered with or serviced pursuant to thispart.(9.1)It shall be unlawful for a person to sell, offerfor sale, represent or pass off as lawful any device,equipment or material which the person or licensed entityknows has been manufactured, distributed, sold, tampered withor serviced in violation of this part.(10)It shall be unlawful for an individual to work orbe employed in a position the duties of which would requirelicensing or permitting under the provisions of this partwithout first obtaining the requisite license or permitissued under the provisions of this part.(11)It shall be unlawful for a licensed gaming entitythat is a licensed racing entity and that has lost thelicense issued to it by either the State Horse RacingCommission or the State Harness Racing Commission under theRace Horse Industry Reform Act or that has had that licensesuspended to operate slot machines or table games at theracetrack for which its slot machine license was issuedunless the license issued to it by either the State HorseRacing Commission or the State Harness Racing Commission willbe subsequently reissued or reinstated within 30 days afterthe loss or suspension.(12)It shall be unlawful for a licensed entity toemploy or continue to employ an individual in a position theduties of which require a license or permit under theprovisions of this part if the individual:(i)Is not licensed or permitted under theprovisions of this part.(ii)Is prohibited from accepting employment from alicensee.(13)It shall be unlawful for an individual under 21years of age to enter and remain in any area of a licensedfacility where slot machines are operated or the play oftable games is conducted, except that an individual 18 yearsof age or older employed by a slot machine licensee, a gamingservice provider, the board or any other regulatory oremergency response agency may enter and remain in any sucharea while engaged in the performance of the individual'semployment duties.(13.1)It shall be unlawful for an individual under 21years of age to wager, play or attempt to play a slot machineor table game at a licensed facility.(14)(Reserved).(15)It shall be unlawful for a licensed gaming entityto require a wager to be greater than the stated minimumwager or less than the stated maximum wager. However, a wagermade by a player and not rejected by a licensed gaming entityprior to commencement of play shall be treated as a validwager. A wager accepted by a dealer shall be paid or lost inits entirety in accordance with the rules of the game,notwithstanding that the wager exceeded the current tablemaximum wager or was lower than the current table minimumwager.(16)An individual that engages in conduct prohibited by18 Pa.C.S. § 6308 (relating to purchase, consumption,possession or transportation of liquor or malt or brewedbeverages) in a licensed facility commits a nongamblingoffense.(17)It shall be unlawful for an individual to claim,collect or take, or attempt to claim, collect or take, moneyor anything of value in or from a slot machine, gaming tableor other table game device, with the intent to defraud, or toclaim, collect or take an amount greater than the amount won,or to manipulate with the intent to cheat, any component ofany slot machine, table game or table game device in a mannercontrary to the designed and normal operational purpose.(b)Criminal penalties and fines.--(1)(i)A person that commits a first offense inviolation of 18 Pa.C.S. § 4902, 4903 or 4904 inconnection with providing information or making anystatement, whether written or oral, to the board, thebureau, the department, the Pennsylvania State Police,the Office of Attorney General or a district attorney asrequired by this part commits an offense to be graded inaccordance with the applicable section violated. A personthat is convicted of a second or subsequent violation of18 Pa.C.S. § 4902, 4903 or 4904 in connection withproviding information or making any statement, whetherwritten or oral, to the board, the bureau, thedepartment, the Pennsylvania State Police, the Office ofAttorney General or a district attorney as required bythis part commits a felony of the second degree.(ii)A person that violates subsection (a)(2)through (12) or (17) commits a misdemeanor of the firstdegree. A person that is convicted of a second orsubsequent violation of subsection (a)(2) through (12) or(17) commits a felony of the second degree.(2)(i)For a first violation of subsection (a)(1)through (12) or (17), a person shall be sentenced to paya fine of:(A)not less than $75,000 nor more than $150,000if the person is an individual;(B)not less than $300,000 nor more than$600,000 if the person is a licensed gaming entity;or(C)not less than $150,000 nor more than$300,000 if the person is a licensed manufacturer orsupplier.(ii)For a second or subsequent violation ofsubsection (a)(1) through (12) or (17), a person shall besentenced to pay a fine of:(A)not less than $150,000 nor more than$300,000 if the person is an individual;(B)not less than $600,000 nor more than$1,200,000 if the person is a licensed gaming entity;or(C)not less than $300,000 nor more than$600,000 if the person is a licensed manufacturer orsupplier.(3)An individual who commits an offense in violation ofsubsection (a)(13) or (13.1) commits a nongambling summaryoffense and upon conviction of a first offense shall besentenced to pay a fine of not less than $200 nor more than$1,000. An individual that is convicted of a second orsubsequent offense under subsection (a)(13) or (13.1) shallbe sentenced to pay a fine of not less than $500 nor morethan $1,500. In addition to the fine imposed, an individualconvicted of an offense under subsection (a)(13) or (13.1)may be sentenced to perform a period of community service notto exceed 40 hours.(4)An individual that commits an offense in violationof subsection (a)(16) commits a nongambling offense to begraded in accordance with 18 Pa.C.S. § 6308 and shall besubject to the same penalties imposed pursuant to 18 Pa.C.S.§ 6308 and 6310.4 (relating to restriction of operatingprivileges) except that the fine imposed for a violation ofsubsection (a)(16) shall be not less than $350 nor more than$1,000.(c)Board-imposed administrative sanctions.--(1)In addition to any other penalty authorized by law,the board may impose without limitation the followingsanctions upon any licensee or permittee:(i)Revoke the license or permit of any personconvicted of a criminal offense under this part orregulations promulgated under this part or committing anyother offense or violation of this part or applicable lawwhich would otherwise disqualify such person from holdingthe license or permit.(ii)Revoke the license or permit of any persondetermined to have violated a provision of this part orregulations promulgated under this part which wouldotherwise disqualify such person from holding the licenseor permit.(iii)Revoke the license or permit of any person forwillfully and knowingly violating or attempting toviolate an order of the board directed to such person.(iv)Suspend the license or permit of any personpending the outcome of a hearing in any case in whichlicense or permit revocation could result.(v)Suspend the license of any licensed gamingentity for violation of or attempting to violate anyprovisions of this part or regulations promulgated underthis part relating to its slot machine or table gameoperations.(vi)Assess administrative penalties as necessary topunish misconduct and to deter future violations.(vii)Order restitution of any moneys or propertyunlawfully obtained or retained by a licensee orpermittee.(viii)Enter cease and desist orders which specifythe conduct which is to be discontinued, altered orimplemented by the licensee or permittee.(ix)Issue letters of reprimand or censure, whichletters shall be made a permanent part of the file ofeach licensee or permittee so sanctioned.(2)If the board refuses to issue or renew a license orpermit, suspends or revokes a license or permit, assessescivil penalties, orders restitution, enters a cease anddesist order or issues a letter of reprimand or censure, itshall provide the applicant or licensee or permittee withwritten notification of its decision, including a statementof the reasons for its decision by certified mail within fivebusiness days of the decision of the board. The applicant,licensee or permittee shall have the right to appeal thedecision in accordance with 2 Pa.C.S. Chs. 5 Subch. A(relating to practice and procedure of Commonwealth agencies)and 7 Subch. A (relating to judicial review of Commonwealthagency action).(3)In addition to any other fines or penalties that theboard may impose under this part or regulation, if a personviolates subsection (a)(2), the board shall impose anadministrative penalty of three times the amount of thelicense fee, authorization tax, tax or other assessmentevaded and not paid, collected or paid over. This subsectionis subject to 2 Pa.C.S. Chs. 5 Subch. A and 7 Subch. A.(d)Aiding and abetting.--A person who aids, abets, counsels, commands, induces, procures or causes another person to violate a provision of this part shall be subject to all sanctions and penalties, both civil and criminal, provided under this part.(e)Continuing offenses.--A violation of this part that is determined to be an offense of a continuing nature shall be deemed to be a separate offense on each event or day during which the violation occurs. Nothing in this section shall be construed to preclude the commission of multiple violations of the provisions of this part in any one day that establish offenses consisting of separate and distinct acts or violations of the provisions of this part or regulations promulgated under this part.(f)Property subject to seizure, confiscation, destruction or forfeiture.--Any equipment, device or apparatus, money, material, gaming proceeds or substituted proceeds or real or personal property used, obtained or received or any attempt to use, obtain or receive the device, apparatus, money, material, proceeds or real or personal property in violation of this part shall be subject to seizure, confiscation, destruction or forfeiture. (Nov. 1, 2006, P.L.1243, No.135, eff.imd.; Jan. 7, 2010, P.L.1, No.1, eff. imd.)2010 Amendment.Act 1 amended subsecs. (a)(2), (3), (4), (5), (7), (8), (11) and (13), (b)(1) and (2) and (c)(1)(v) and (3) and added subsecs (a)(7.1), (13.1), (14), (15), (16) and (17), (b)(3) and (4) and subsecs. (d), (e) and (f).Cross References.Section 1518 is referred to in sections 1201, 1512.1, 1518.1, 1607 of this title.
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  • § 1518. Prohibited acts; penalties. (a) Criminal offenses.-- (1) The provisions of 18 Pa.C.S. § 4902 (relating to perjury), 4903 (relating to false swearing) or 4904 (relating to unsworn falsification to authorities) shall apply to any person providing information or making any statement, whether written or oral, to the board, the bureau, the department, the Pennsylvania State Police or the Office of Attorney General, as required by this part. (2) It shall be unlawful for a person to willfully: (i) fail to report, pay or truthfully account for and pay over any license fee, authorization fee, tax or assessment imposed under this part; or (ii) attempt in any manner to evade or defeat any license fee, authorization fee, tax or assessment imposed under this part. (3) It shall be unlawful for any licensed entity, gaming employee, key employee or any other person to permit a slot machine, table game or table game device to be operated, transported, repaired or opened on the premises of a licensed facility by a person other than a person licensed or permitted by the board pursuant to this part. (4) It shall be unlawful for any licensed entity or other person to manufacture, supply or place slot machines, table games, table game devices or associated equipment into play or display slot machines, table games, table game devices or associated equipment on the premises of a licensed facility without the authority of the board. (5) Except as provided for in section 1326 (relating to license renewals), it shall be unlawful for a licensed entity or other person to manufacture, supply, operate, carry on or expose for play any slot machine, table game, table game device or associated equipment after the person's license has expired and prior to the actual renewal of the license. (6) (i) Except as set forth in subparagraph (ii), it shall be unlawful for an individual while on the premises of a licensed facility to knowingly use currency other than lawful coin or legal tender of the United States or a coin not of the same denomination as the coin intended to be used in the slot machine with the intent to cheat or defraud a licensed gaming entity or the Commonwealth or damage the slot machine. (ii) In the playing of a slot machine, it shall be lawful for an individual to use gaming billets, tokens or similar objects issued by the licensed gaming entity which are approved by the board. (7) (i) Except as set forth in subparagraph (ii), it shall be unlawful for an individual to use or possess a cheating or thieving device, counterfeit or altered billet, ticket, token or similar objects accepted by a slot machine or counterfeit or altered slot machine- issued tickets or vouchers at a licensed facility. (ii) An authorized employee of a licensee or an employee of the board may possess and use a cheating or thieving device, counterfeit or altered billet, ticket, token or similar objects accepted by a slot machine or counterfeit or altered slot machine-issued tickets or vouchers in performance of the duties of employment. (iii) (Deleted by amendment). (7.1) It shall be unlawful for an individual to do any of the following: (i) Use or possess counterfeit, marked, loaded or tampered with table game devices or associated equipment, chips or other cheating devices in the conduct of gaming under this part, except that an authorized employee of a licensee or an authorized employee of the board may possess and use counterfeit chips or table game devices or associated equipment that have been marked, loaded or tampered with, or other cheating devices in performance of the duties of employment for training, investigative or testing purposes only. (ii) Knowingly, by a trick or sleight of hand performance or by fraud or fraudulent scheme, table game device or other device, for himself or for another, win or attempt to win any cash, property or prize at a licensed facility or to reduce or attempt to reduce a losing wager. (8) (i) Except as set forth in subparagraph (ii), it shall be unlawful for an individual to knowingly possess or use while on the premises of a licensed facility a key or device designed for the purpose of and suitable for opening or entering any slot machine, drop box or coin box which is located on the premises of the licensed facility. (ii) An authorized employee of a licensee or a member of the board may possess and use a device referred to in subparagraph (i) in the performance of the duties of employment. (9) It shall be unlawful for a person or licensed entity to possess any device, equipment or material which the person or licensed entity knows has been manufactured, distributed, sold, tampered with or serviced in violation of the provisions of this part with the intent to use the device, equipment or material as though it had been manufactured, distributed, sold, tampered with or serviced pursuant to this part. (9.1) It shall be unlawful for a person to sell, offer for sale, represent or pass off as lawful any device, equipment or material which the person or licensed entity knows has been manufactured, distributed, sold, tampered with or serviced in violation of this part. (10) It shall be unlawful for an individual to work or be employed in a position the duties of which would require licensing or permitting under the provisions of this part without first obtaining the requisite license or permit issued under the provisions of this part. (11) It shall be unlawful for a licensed gaming entity that is a licensed racing entity and that has lost the license issued to it by either the State Horse Racing Commission or the State Harness Racing Commission under the Race Horse Industry Reform Act or that has had that license suspended to operate slot machines or table games at the racetrack for which its slot machine license was issued unless the license issued to it by either the State Horse Racing Commission or the State Harness Racing Commission will be subsequently reissued or reinstated within 30 days after the loss or suspension. (12) It shall be unlawful for a licensed entity to employ or continue to employ an individual in a position the duties of which require a license or permit under the provisions of this part if the individual: (i) Is not licensed or permitted under the provisions of this part. (ii) Is prohibited from accepting employment from a licensee. (13) It shall be unlawful for an individual under 21 years of age to enter and remain in any area of a licensed facility where slot machines are operated or the play of table games is conducted, except that an individual 18 years of age or older employed by a slot machine licensee, a gaming service provider, the board or any other regulatory or emergency response agency may enter and remain in any such area while engaged in the performance of the individual's employment duties. (13.1) It shall be unlawful for an individual under 21 years of age to wager, play or attempt to play a slot machine or table game at a licensed facility. (14) (Reserved). (15) It shall be unlawful for a licensed gaming entity to require a wager to be greater than the stated minimum wager or less than the stated maximum wager. However, a wager made by a player and not rejected by a licensed gaming entity prior to commencement of play shall be treated as a valid wager. A wager accepted by a dealer shall be paid or lost in its entirety in accordance with the rules of the game, notwithstanding that the wager exceeded the current table maximum wager or was lower than the current table minimum wager. (16) An individual that engages in conduct prohibited by 18 Pa.C.S. § 6308 (relating to purchase, consumption, possession or transportation of liquor or malt or brewed beverages) in a licensed facility commits a nongambling offense. (17) It shall be unlawful for an individual to claim, collect or take, or attempt to claim, collect or take, money or anything of value in or from a slot machine, gaming table or other table game device, with the intent to defraud, or to claim, collect or take an amount greater than the amount won, or to manipulate with the intent to cheat, any component of any slot machine, table game or table game device in a manner contrary to the designed and normal operational purpose. (b) Criminal penalties and fines.-- (1) (i) A person that commits a first offense in violation of 18 Pa.C.S. § 4902, 4903 or 4904 in connection with providing information or making any statement, whether written or oral, to the board, the bureau, the department, the Pennsylvania State Police, the Office of Attorney General or a district attorney as required by this part commits an offense to be graded in accordance with the applicable section violated. A person that is convicted of a second or subsequent violation of 18 Pa.C.S. § 4902, 4903 or 4904 in connection with providing information or making any statement, whether written or oral, to the board, the bureau, the department, the Pennsylvania State Police, the Office of Attorney General or a district attorney as required by this part commits a felony of the second degree. (ii) A person that violates subsection (a)(2) through (12) or (17) commits a misdemeanor of the first degree. A person that is convicted of a second or subsequent violation of subsection (a)(2) through (12) or (17) commits a felony of the second degree. (2) (i) For a first violation of subsection (a)(1) through (12) or (17), a person shall be sentenced to pay a fine of: (A) not less than $75,000 nor more than $150,000 if the person is an individual; (B) not less than $300,000 nor more than $600,000 if the person is a licensed gaming entity; or (C) not less than $150,000 nor more than $300,000 if the person is a licensed manufacturer or supplier. (ii) For a second or subsequent violation of subsection (a)(1) through (12) or (17), a person shall be sentenced to pay a fine of: (A) not less than $150,000 nor more than $300,000 if the person is an individual; (B) not less than $600,000 nor more than $1,200,000 if the person is a licensed gaming entity; or (C) not less than $300,000 nor more than $600,000 if the person is a licensed manufacturer or supplier. (3) An individual who commits an offense in violation of subsection (a)(13) or (13.1) commits a nongambling summary offense and upon conviction of a first offense shall be sentenced to pay a fine of not less than $200 nor more than $1,000. An individual that is convicted of a second or subsequent offense under subsection (a)(13) or (13.1) shall be sentenced to pay a fine of not less than $500 nor more than $1,500. In addition to the fine imposed, an individual convicted of an offense under subsection (a)(13) or (13.1) may be sentenced to perform a period of community service not to exceed 40 hours. (4) An individual that commits an offense in violation of subsection (a)(16) commits a nongambling offense to be graded in accordance with 18 Pa.C.S. § 6308 and shall be subject to the same penalties imposed pursuant to 18 Pa.C.S. § 6308 and 6310.4 (relating to restriction of operating privileges) except that the fine imposed for a violation of subsection (a)(16) shall be not less than $350 nor more than $1,000. (c) Board-imposed administrative sanctions.-- (1) In addition to any other penalty authorized by law, the board may impose without limitation the following sanctions upon any licensee or permittee: (i) Revoke the license or permit of any person convicted of a criminal offense under this part or regulations promulgated under this part or committing any other offense or violation of this part or applicable law which would otherwise disqualify such person from holding the license or permit. (ii) Revoke the license or permit of any person determined to have violated a provision of this part or regulations promulgated under this part which would otherwise disqualify such person from holding the license or permit. (iii) Revoke the license or permit of any person for willfully and knowingly violating or attempting to violate an order of the board directed to such person. (iv) Suspend the license or permit of any person pending the outcome of a hearing in any case in which license or permit revocation could result. (v) Suspend the license of any licensed gaming entity for violation of or attempting to violate any provisions of this part or regulations promulgated under this part relating to its slot machine or table game operations. (vi) Assess administrative penalties as necessary to punish misconduct and to deter future violations. (vii) Order restitution of any moneys or property unlawfully obtained or retained by a licensee or permittee. (viii) Enter cease and desist orders which specify the conduct which is to be discontinued, altered or implemented by the licensee or permittee. (ix) Issue letters of reprimand or censure, which letters shall be made a permanent part of the file of each licensee or permittee so sanctioned. (2) If the board refuses to issue or renew a license or permit, suspends or revokes a license or permit, assesses civil penalties, orders restitution, enters a cease and desist order or issues a letter of reprimand or censure, it shall provide the applicant or licensee or permittee with written notification of its decision, including a statement of the reasons for its decision by certified mail within five business days of the decision of the board. The applicant, licensee or permittee shall have the right to appeal the decision in accordance with 2 Pa.C.S. Chs. 5 Subch. A (relating to practice and procedure of Commonwealth agencies) and 7 Subch. A (relating to judicial review of Commonwealth agency action). (3) In addition to any other fines or penalties that the board may impose under this part or regulation, if a person violates subsection (a)(2), the board shall impose an administrative penalty of three times the amount of the license fee, authorization tax, tax or other assessment evaded and not paid, collected or paid over. This subsection is subject to 2 Pa.C.S. Chs. 5 Subch. A and 7 Subch. A. (d) Aiding and abetting.--A person who aids, abets, counsels, commands, induces, procures or causes another person to violate a provision of this part shall be subject to all sanctions and penalties, both civil and criminal, provided under this part. (e) Continuing offenses.--A violation of this part that is determined to be an offense of a continuing nature shall be deemed to be a separate offense on each event or day during which the violation occurs. Nothing in this section shall be construed to preclude the commission of multiple violations of the provisions of this part in any one day that establish offenses consisting of separate and distinct acts or violations of the provisions of this part or regulations promulgated under this part. (f) Property subject to seizure, confiscation, destruction or forfeiture.--Any equipment, device or apparatus, money, material, gaming proceeds or substituted proceeds or real or personal property used, obtained or received or any attempt to use, obtain or receive the device, apparatus, money, material, proceeds or real or personal property in violation of this part shall be subject to seizure, confiscation, destruction or forfeiture. (Nov. 1, 2006, P.L.1243, No.135, eff.imd.; Jan. 7, 2010, P.L.1, No.1, eff. imd.) 2010 Amendment. Act 1 amended subsecs. (a)(2), (3), (4), (5), (7), (8), (11) and (13), (b)(1) and (2) and (c)(1)(v) and (3) and added subsecs (a)(7.1), (13.1), (14), (15), (16) and (17), (b)(3) and (4) and subsecs. (d), (e) and (f). Cross References. Section 1518 is referred to in sections 1201, 1512.1, 1518.1, 1607 of this title.

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