The Christiana American Legion will close for 15 days in July, the result of its fourth violation of a state law governing small games of chance.
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Benner-Shoff Post No. 865 was cited Aug. 7, 2008, for "failure to maintain complete and truthful records" of its small games of chance.
The Christiana post was also operating games on club premises at the same time as another organization, resulting in the charge that it "possessed or operated gambling devices … or permitted gambling or lotteries, pool-selling, and/or bookmaking on licensed premises."
Under the Pennsylvania Local Options Small Games of Chance Act, veterans clubs, fire companies, Lions clubs and similar groups have been allowed to operate small lotteries for charitable work in their communities.
The Small Games of Chance law is enforced by the Liquor Control Board.
The case has not been adjudicated.
Officer John E. Mathias, an enforcement supervisor with Liquor Control Enforcement, said the Christiana incidents were discovered in May 2008, during a follow-up check by LCE officers. "We tell them that we'll be coming back, especially the ones that are in rough shape," said Mathias of noncompliant organizations.
An administrative law judge fined the Christiana club $2,000 and suspended its liquor license for 15 days after the latest citation.
Legion post Commander Scott Hammond said the club will shut down from July 6-21 "for previous infractions of the liquor code."
"They certainly can stay open to serve Cokes and sandwiches if they want to, but that's their prerogative," said Francesca Chapman, spokeswoman for the LCB.
The Christiana post's latest violations happened even as the Legion post was under investigation for its third citation under the games-of-chance law.
The post was convicted Aug. 27, 2008, on the record-keeping charge and for exceeding payout limits in January, 2008. It was fined $1,500.
The post had violations in 2004 and 2006.
Violations are a statewide problem, said Mathias.
"I've got lots, lots worse than that, especially in Franklin County," Mathias said. Some clubs exceed the payout limit by $100,000 or more, he said.
Organizations must use all profits from small games of chance to benefit the community. They may not use the profits for operating expenses.
Some clubs are already using the money for operating expenses and that is why they're failing to keep accurate records, Mathias explained.
"We can usually narrow it down enough to determine about how much money they should be sitting on," he said. "Thousands and thousands of dollars are unaccounted for."
Nine bills in the state House and one in the state Senate have been introduced this year to loosen the small games of chance law. None have come to the floor for a vote.
Last year, former Sen. Gibson E. Armstrong (R-13th District) held a similar bill — House Bill 169 — in the Senate Appropriations Committee because he opposed gambling. That bill expired at the end of the assembly's session.
Jeannette Scott is a Sunday News staff writer. Contact her at jscott@lnpnews.com or at 291-8689.