Section 901.731. Punchboard and pull-tab operation

(a) A person 17 years of age and younger or a person visibly intoxicated or visibly under the influence of a controlled substance may not be allowed to play or sell a punchboard or pull-tab. It is the responsibility of the licensee and the responsibility of the person physically selling the punchboard or pull-tab deal to determine that an unauthorized person is not allowed to play or sell.

(b) Limitations on punchboards, pull-tabs and flares are as follows:

(1) A licensed eligible organization may not permit the display or operation of a punchboard or pull-tab which may have been marked, defaced, tampered with or otherwise placed in a condition or operated in a manner which may deceive the public or which affects the chances of winning or losing upon the taking of a chance thereon.

(2) A licensed eligible organization may alter a flare to indicate that merchandise of equivalent value will substitute for a cash prize in a punchboard or pull-tab game.

(c) Records, reports and receipts relating to a punchboard or pull-tab deal in play shall be retained on the licensed premises as long as the deal or punchboard is in play and shall be made available on demand to law enforcement officers, county officials or the Department.

(d) When licensed eligible organizations purchase merchandise to be used as prizes on punchboards or pull-tab deals, the following information must be on the invoice provided by the seller:

(1) The date of the purchase.

(2) The company’s name and adequate business address.

(3) A full description of each item purchased.

(4) The quantity of items purchased.

(5) The cost per individual items purchased.

(e) Limitations on pull-tab dispensing machines are as follows:

(1) Pull-tabs may not be placed out for public play unless the total number of pull-tabs originally in the deal is clearly disclosed on the face of the flare advertising the prizes available from that deal. The total number of pull-tabs originally in the deal will be placed upon the flare by the manufacturer prior to the series being sold to a distributor.

(2) A pull-tab may not be added to a deal after that deal has been shipped from its place of manufacture.

(3) If an entire deal is not placed in a dispensing machine at one time, the pull-tabs in the deal shall be placed in the dispensing machine randomly and in a manner that does not compromise the randomization of the tickets as packaged by the manufacturer.

(4) A pull-tab deal once placed in or upon a pull-tab container out for play may not be removed from the container until the deal is permanently removed from public play, except as follows:

(i) Pull-tabs actually played by consumers.

(ii) Pull-tabs removed by representatives of the county, or other law enforcement agency inspecting the games of chance.

(5) Once a pull-tab has been removed from public play it may not again be put out for public play.

(6) Deals may not be commingled.

(f) A person may not sell or transfer to another person in this Commonwealth, for use within this Commonwealth, or place out for public play a container for pull-tabs not so constructed to allow a consumer to clearly see the pull tabs within or upon the container prior to playing the game. Stamp machines are excluded from this requirement.

(g) A person may not sell or transfer to another person in this Commonwealth, for use within this Commonwealth, or put out for public play, a pull-tab deal which contains more than 4,000 individual pull-tabs or 4,000 stapled packets of jar tickets.

The provisions of this § 901.731 amended August 11, 2006, effective August 12, 2006, 36 Pa.B. 4475. Immediately preceding text appears at serial pages (265913) to (265914).

Notation

Cross References

This section cited in 61 Pa. Code § 901.602 (relating to flares); 61 Pa. Code § 901.608 (relating to standards for flares); 61 Pa. Code § 901.621 (relating to flares); 61 Pa. Code § 901.627 (relating to standards for flares); and 61 Pa. Code § 901.632 (relating to predetermination of rules, winning chances and prizes).