1518 - Prohibited acts; penalties.

     § 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.