61 Pa. Code § 901.151 - Denial, notice of violation and revocation of licenses

(a) Distributor license. The Department may deny a license application, issue a notice of violation or revoke a license if the distributor or a person required to be identified in the application form commits one 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 plead 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 payments or reports to a governmental agency.

(vi) A crime, whether a felony or a misdemeanor, involving 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, 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 failed to disclose a material fact.

(b) Notice of violation.

(1) A notice of violation is issued to notify a distributor of a violation of the act or this part and to provide the distributor with an opportunity to remedy the violation. A distributor retains the privileges conferred on it by its license 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 distributor to remedy a violation may not exceed 30 days, unless the distributor 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 distributor a notice of compliance within 5 days after the distributor demonstrates to the satisfaction of the Department that the violation has been remedied.

(4) If the Department determines that the distributor has not remedied the violation identified in the notice by the end of the notice or extension period, the Department will revoke the license.

(5) There is no right to appeal a notice of violation or a denial of an extension.

(c) 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 distributor'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 distributor's Commonwealth resident designee and the distributor's primary business address listed on the distributor's application.

Notes

61 Pa. Code § 901.151

The provisions of this § 901.151 amended August 11, 2006, effective 8/12/2006, 36 Pa.B. 4475.

This section cited in 61 Pa. Code § 901.153 (relating to raffle, daily drawing and weekly drawing ticket distributors).