The American Legion post in Christiana was issued its fourth citation for violating the law governing small games of chance Aug. 7.
The Benner-Shoff Post No. 865 American Legion Home Association of Christiana was fined $500 in 2004 for exceeding payout limits and failure to maintain complete and truthful records.
The club was fined $1,200 in 2006 for again exceeding payout limits and "possessing or operating gambling devices or paraphernalia or permitting gambling or lotteries, pool selling and/or bookmaking" on its premises.
The post was again cited Feb. 7 this year and fined $1,500 for exceeding payout limits and and for not maintaining complete and truthful records.
The latest citation is also for record-keeping and illegal gambling violations.
The club faces a fine of up to $5,000 and a suspension of its liquor license, if found guilty by an administrative law judge.
The August citation resulted from a "compliance recheck" in May, said John E. Mathias, an enforcement officer supervisor with the Harrisburg district of the Bureau of Liquor Control Enforcement, which covers nine counties, including Lancaster.
"And it is safe to assume that the premises will be checked again at some future time to ensure compliance," Mathias added.
He said the club had "inadequate records" to do an audit.
Reah Wallace, club member and a former trustee, said members are confused "about this — what it is, why it is or anything at all — because, since the first [citation this year], the people from Liquor Control Enforcement have been in there with their prescribed paperwork about how they want anything done, and we have abided by everything they've set down.
"The records weren't incomplete, they were as complete as they should be," Wallace said. "It's that they weren't presented exactly how this [investigating officer] wanted them to be.
"It's like it's his way or no way."
Club officials are deciding if they will seek legal counsel, Wallace said.
The club did not contest the previous citations.
The illegal gambling charge was brought because "there were games being operated at the establishment that were not being operated under the small games of chance license issued to this establishment," Mathias said.
The games were operated by "another eligible organization" he said.
He would not give further details about either charge.
Christiana chapters of the Sons of the American Legion and the women's auxiliary also operate on the same premises as the Home Association. Each group has its own license to operate small games of chance.
By law, only one group may operate a raffle or other small game of chance on the premises at a given time.
"We're totally in the dark because we have no idea what they're talking about," Wallace said. The notice the club received states the charges, but does not indicate specifics, he said.
Clubs like the American Legion can obtain a license to operate small games of chance under the Local Options Small Games of Chance Act.
Payouts from such games may not exceed $5,000 in any seven-day period. Profits may not exceed 20 percent of sales, minus the cost of operating the game.
All profits from the games must be donated to local charitable work. None may be retained for club operating expenses.
House Bill 169 would quadruple the payout limit, and also the income for charity work.
The bill passed the state House in June but is stalled in the Senate Appropriations Committee chaired by Sen. Gib Armstrong, who opposes gambling of any kind.
Jeannette Scott is a Sunday News staff writer. Contact her at jscott@lnpnews.com or at 291-8689.
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