Section 901.117. Denial, notice of violation and revocation

(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.

The provisions of this § 901.117 amended August 11, 2006, effective August 12, 2006, 36 Pa.B. 4475. Immediately preceding text appears at serial pages (265867) to (265868).

Notation

Cross References

This section cited in 61 Pa. Code § 901.119 (relating to raffle, daily drawing and weekly drawing ticket manufacturers).