Current through Register Vol. 54, No. 44, November 2, 2024
(a)
Manufacturer registration
certificate. 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.
(2)
Has failed to comply with or engaged in an activity prohibited by the act or
this part.
(3) Has changed its
address without notification as required in this part.
(4) Has been convicted of, forfeited bond
upon a charge of or pleaded guilty or nolo contendere to one of the following:
(i) Forgery.
(ii) Larceny.
(iii) Extortion.
(iv) Conspiracy to defraud.
(v) Willful failure to make required payment
or reports to a governmental agency.
(vi) A crime, whether a felony or a
misdemeanor, involving a gambling activity or a felony involving moral
turpitude.
(vii) Other similar
offenses.
(5) Has refused
to permit an inspection of its records or premises under one of the following:
(i) Section
901.28 or §
901.31 (relating to inspection of
premises; and examination of records).
(ii) A search warrant.
(iii) A court order.
(6) Has been convicted of a felony in a
State, or Federal court within the past 5 years.
(7) Has been convicted in a municipal, State
or Federal court of a violation of the act, the Bingo Law or of a
gambling-related offense under 18 Pa.C.S. (relating to the Crimes Code) or
another comparable state or Federal law within 10 years of the date of
application.
(8) Has made a
misrepresentation or fails to disclose a material fact.
(9) Sells or offers for sale in this
Commonwealth a game of chance that has not been approved by the Department as
provided for in this part.
(b)
Game of chance approval.
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.
(c)
Notice of violation.
(1) A notice of violation is issued to notify
a manufacturer of a violation of the act or this part and to provide the
manufacturer with an opportunity to remedy the violation. 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.
(2) The time period
that the Department may grant to a manufacturer to remedy a violation may not
exceed 30 days, unless the manufacturer requests an extension, in writing, and
the Department approves the extension. An extension may not exceed 30
additional days.
(3) The Department
will provide the manufacturer a notice of compliance within 5 days after the
manufacturer demonstrates to the satisfaction of the Department that the
violation has been remedied.
(4) If
the Department determines that the manufacturer has not remedied the violation
identified in the notice by the end of the notice or extension period, the
Department will revoke the certificate or game approval as
applicable.
(5) There is no right
to appeal a notice of violation or a denial of an extension.
(d)
Notice.
(1) The Department will notify a manufacturer
in writing of a denial, violation or revocation. The notice will provide:
(i) The issue date of the notice.
(ii) The action taken by the
Department.
(iii) The reason for
the action.
(iv) The manufacturer's
appeal rights.
(2) The
Department will serve the notice by certified or first-class mail.
(3) The Department will mail the notice to
the manufacturer's Commonwealth resident designee and the manufacturer's
primary business address listed on the manufacturer's application.
This section cited in 61 Pa. Code §
901.119 (relating to raffle, daily
drawing and weekly drawing ticket
manufacturers).
