The Pennsylvania Crimes Code provides that all forms of gambling are
illegal unless the activity is specifically authorized by the
Pennsylvania Legislature.
The elements of gambling are:
1) the payment of a consideration or fee
2) for the chance to win a prize
3) the winner of which is determined by chance.
If these three elements are present the activity is “gambling” and is
illegal unless legislatively sanctioned. Currently, the authorized and,
therefore, the only legal forms of gambling in Pennsylvania are:
Those gambling activities conducted pursuant to the Race Horse
Industry Reform Act;
Pennsylvania Lottery;
Bingo conducted pursuant to the Bingo Law; and,
Those gambling activities conducted pursuant to the Local Option Small
Games of Chance Act.
The Pennsylvania Local Option Small Games of Chance Act (the Act), 10
P.S. §§311-327, was passed in 1988. The Act allows certain nonprofit
organizations, known as “eligible organizations”, to conduct small games
of chance for the purpose of raising funds for the promotion of “public
interest purposes”. The Department of Revenue promulgated regulations
pursuant to the Act that were adopted and appear at 61 Pa. Code §901.1,
et seq.
The Local Option Small Games of Chance Act is quite specific regarding
the games of chance that are allowed and the manner in which they may be
conducted.
Five (5) games of chance may be conducted by an organization licensed
under the Act. They are:
Punchboards
Pull -Tabs
Raffles (Includes Lotteries)
Daily Drawings
Weekly Drawings
DISCLAIMER
The Pennsylvania Department of Revenue has prepared this “Primer” on
Pennsylvania’s Local Option Small Games of Chance Act, 1988 P.L. 1262,
No. 156 (72 P.S. §§ 311, et seq.), for review and use by the general
public. The Primer is for informational purposes only. Nothing contained
in the Primer should be considered legal advice or the official position
or policy of the Department of Revenue. Further, no information contained
in this document shall be binding on the Department of Revenue, the
County Treasurers or any law enforcement official or agency (as defined
by the Act) of the Commonwealth of Pennsylvania regarding the
administration or enforcement of the Local Option Small Games of Chance
Act. Any person or entity with legal questions regarding the Local Option
Small Games of Chance Act should review the provisions of the Act for
guidance or consult private legal counsel.
