Maine Online Gambling Laws

For Maine residents that choose to gamble on the internet we provide them with websites that are licensed, legitimate, and do not steal your money or information. The sites we recommend allow residents of Maine to gamble on the internet without fear of violating state gambling laws. We feel it is important to note that we are not lawyers and you should contact one about the gambling laws if you are unsure of anything we recommend.

Section 330

Definitions –

As used in this chapter, unless the context indicates otherwise, the following words shall have the following meanings.

1. Distributor. “Distributor” shall mean a person, firm, corporation, association or organization that sells, markets or otherwise distributes sealed tickets, gambling apparatus or any other implements of gambling that may be used in the conduct of a game of chance.

1-A. Electronic video machine. “Electronic video machine” means a machine, however operated, which has a video screen featuring an electronically simulated game or games and delivers or entitles the person playing or operating it to receive the privilege of playing the electronic video machine without charge, but does not deliver or entitle the person playing or operating the electronic video machine to receive any cash, premiums, merchandise, tickets or something of value other than the privilege of playing the electronic video machine without charge. A machine which has a video screen featuring an electronically simulated slot machine as a game is not an electronic video machine, but is a machine as defined in subsection 3-A.

1-B. Chief of State Police. “Chief of the State Police” or “chief” means the Chief of the State Police or the chief’s designee.

1-C. Agricultural society. “Agricultural society” or “fair” means a nonprofit agricultural fair society eligible for a stipend under Title 7, chapter 4.

2. Game of chance. “Game of chance” means any game, contest, scheme or device in which:

A. A person stakes or risks something of value for the opportunity to win something of value;

B. The rules of operation or play require an event the result of which is determined by chance, outside the control of the contestant or participant; and

C. Chance enters as an element that influences the outcome in a manner that can not be eliminated through the application of skill.

For the purposes of this subsection, “an event the result of which is determined by chance” includes but is not limited to a shuffle of a deck or decks of cards, a roll of a die or dice or a random drawing or generation of an object or objects that may include, but are not limited to, a card or cards, a die or dice, a number or numbers or simulations of any of these. A shuffle of a deck or decks of cards, a roll of a die or dice, a random drawing or generation of an object or objects or some other event the result of which is determined by chance that is employed to determine impartially the initial order of play in a game, contest, scheme or device does not alone make a game, contest, scheme or device a game of chance. For purposes of this chapter, beano and bingo are not games of chance.

2-A. Game of skill. “Game of skill” means any game, contest, scheme or device in which a person stakes or risks something of value for the opportunity to win something of value and that is not a game of chance.

2-C. Gross revenue. “Gross revenue” means the total amount wagered in a game of chance less the prizes awarded.

3. Licensee. “Licensee” shall mean a firm, corporation, association or organization licensed by the Chief of the State Police to operate a game of chance.

3-A. Machine. “Machine” means any machine, including electronic devices, however operated, the internal mechanism or components of which when set in motion or activated and by the application of the element of chance may deliver or entitle the person playing or operating the machine to receive cash, premiums, merchandise, tickets or something of value as defined in subsection 8.

3-B. Member. “Member” means a bona fide member of a firm, corporation, association, organization, department, class or combination thereof, who has been duly admitted as a member according to the laws, rules, regulations, ordinances or bylaws governing membership in the firm, corporation, association, organization, department, class or combination thereof.

3-C. Net revenue. “Net revenue” means gross revenue less all approved expenses.

4. Printer. “Printer” shall mean a person, firm, corporation, association or organization that reproduces in printed form, for sale or distribution, materials to be used in the conduct of a game of chance.

5. Raffle. “Raffle” shall mean a game of chance in which: A. A person, or persons, pays or agrees to pay something of value for a chance, represented and differentiated by a number, to win a prize; B. One or more of the chances is to be designated the winning chance;

C. The winning chance is to be determined as a result of a drawing from a container holding numbers representative of all chances sold; and D. A holder of a winning chance does not receive something of value worth more than the amount applicable under section 331-A.

6. Roulette. “Roulette” shall mean a game of chance in which players bet on the compartment of a revolving wheel into which a small ball will come to rest.

7. Slot machine. “Slot machine” means any machine which operates by inserting a coin, token or similar object, setting the internal mechanism of the machine in motion, and by the application of the element of chance may deliver or entitle the person playing or operating the machine to receive cash, premiums, merchandise, tickets or something of value as defined in subsection 8.

8. Something of value. “Something of value” means:

A. Any money or property;

B. Any token, object or article exchangeable for money, property, amusement or entertainment; or

C. Any form of credit or promise directly or indirectly contemplating transfer of money or property, or of any interest therein, or involving extension of a service, entertainment or a privilege of playing at a game or scheme without charge.

9. Tokens. “Tokens” means distinctive objects, chips, tickets or other devices of no intrinsic value used as a substitute for cash in accounting for revenue from a game of chance.

Section 331

Game of chance –

1. License required. No person, firm, corporation, association or organization shall hold, conduct or operate a game of chance within the State unless a license therefor is obtained from the Chief of the State Police, or the game of chance constitutes “social gambling” as that term is defined by Title 17-A, section 952, subsection 8.

2. Exceptions.

2-A. Games of chance at agricultural fairs. The Chief of the State Police may issue a license to hold, conduct or operate the game of chance commonly known as “penny falls” or “quarter falls” at any agricultural fair as long as the fair controls the revenue from such games.

2-B. Exceptions for persons under 16. Notwithstanding any rule to the contrary, upon receiving an application on a form provided by the Chief of the State Police and a determination by the chief that a game of chance licensed to be conducted at a festival-style event is designed to attract players under 16 years of age and awards a nonmonetary prize valued at less than $10 for every chance played, the chief may permit:

A. Persons under 16 years of age to conduct or operate the game of chance; and

B. Persons under 16 years of age to play the game of chance without being accompanied by an adult. Nothing in this subsection may be construed to permit games of chance to be operated without a license.

3. Door prizes. Distribution of tickets to any event upon which appear details concerning any prize to be given away as a result of a drawing is to be considered a game of chance within the meaning of this chapter, except that such distribution of tickets containing only the words “Door Prize,” without further description, shall be excluded from the provisions of this chapter, provided that no promotional materials or presentations, written or oral, shall further describe the door prize.

4. “Donation” not to provide an exclusion. The word “Donation” printed on a ticket shall in no way exclude the sponsoring organization from complying with this chapter.

5. Single purpose professional or trade organizations.

6. Raffles with prizes of $10,000 or less. Notwithstanding subsection 1, a license to conduct or operate a raffle as defined in section 330, subsection 5, in which the holder of the winning chance does not receive something of value worth more than $10,000, is not required of the following: A. Any agricultural society eligible for a stipend under Title 7, chapter 4, or any bona fide, nonprofit organization that is either charitable, educational, political, civic, recreational, fraternal, patriotic or religious or any auxiliary of such organization; B. Any volunteer police force, fire department or ambulance corps;

C. Any class or organization of an elementary, secondary or postsecondary educational institution operated or accredited by the State; or

D. Any state agency that conducts or operates a raffle for a donated item to benefit fish and wildlife conservation projects. [2001, c. 471, Pt. F, §5 (AFF); 2001, c. 471, Pt. F, §4 (RPR).] Any exempt organization, department or class or combination listed in paragraph A, B, C or D may sponsor, operate and conduct a raffle without a license only for the exclusive benefit of that organization, department or class or combination, and that raffle may be conducted only by duly authorized members of the sponsoring organization, department or class or combination. A state agency may not conduct or operate more than 2 raffles per year pursuant to paragraph D.

7. Special exempt raffles; prizes more than $10,000 but not more than $25,000. The following rules apply to special exempt raffles licensed under this subsection.

A. Except as provided in subsection 8, the Chief of the State Police may issue one special exempt raffle license per year to any organization, department or class eligible to hold a raffle under subsection 6 without obtaining a license. The special exempt raffle license entitles the licensee to hold one raffle in which the holder of a winning chance receives something of value worth more than $10,000 but not more than $25,000. Section 341 does not apply to raffles licensed under this section.

B. The Chief of the State Police may not issue a license under this subsection to hold a raffle in which the holder of a winning chance receives a cash prize worth more than $10,000.

C. All tickets sold pursuant to a special exempt raffle license shall be purchased from a licensed distributor or licensed printer. Tickets shall be sequentially numbered and have printed on their faces the following information: the name of the special exempt raffle licensee; a description of the prize or prizes; the price of the ticket; and the date, time and place of the drawing. Any organization, department or class listed in subsection 6 that conducts a raffle under section 331-A shall retain all unsold raffle tickets for 6 months after the raffle drawing and make those tickets available for inspection at the request of the Chief of the State Police.

8. Special exempt raffles; prizes from $10,000 to $75,000.

8-A. Special exempt raffles; prizes more than $10,000 but not more than $75,000. The following rules apply to special exempt raffles licensed under this subsection. A. The Chief of the State Police may issue one special exempt raffle license per year to any organization, department or class eligible to hold a raffle under subsection 6 without obtaining a license. The special exempt raffle license entitles the licensee to hold one raffle in which the holder of a winning chance receives something of value worth more than $10,000 but not more than $75,000. A raffle licensed under this paragraph may be structured as a progressive raffle that is divided into a maximum of 12 multiple drawings with previous entries rolled into subsequent drawing pots and with the final drawing to be held within 12 months of the first. Drawings must be used to randomly select a smaller group to be eligible for the final prize to be awarded after the final drawing. Section 341 does not apply to raffles licensed under this section.

B. The Chief of the State Police may not issue a license under this subsection to hold a raffle in which the holder of a winning chance receives a cash prize worth more than $10,000.

C. All tickets sold pursuant to a special exempt raffle license must be purchased from a licensed distributor or licensed printer. Tickets must be sequentially numbered and have printed on their faces the following information: the name of the special exempt raffle licensee; a description of the prize or prizes; the price of the ticket; and the date, time and place of the drawing. Any organization, department or class listed in subsection 6 that conducts a raffle under section 331-A shall retain all unsold raffle tickets for 6 months after the raffle drawing and make those tickets available for inspection at the request of the Chief of the State Police.

D. The Chief of the State Police may issue only one special exempt raffle license per year, either under this subsection or subsection 7, to the same organization, department or class listed in subsection 6.

8-B. Raffle tickets sold by volunteers. Notwithstanding section 332, subsection 2, tickets for raffles licensed in accordance with subsection 7 or 8-A may be sold by persons other than members of the licensed organization as long as the persons selling the tickets are uncompensated volunteers for the organization and the names of the volunteers who sell the tickets are provided to the Chief of the State Police within 10 days of issuance of the raffle license.

9. Glass; prohibited. The use of glass is prohibited in games of skill pursuant to Title 32, section 1873.

Section 331

A. Raffle prize values –

1. Special exempt raffle licensees. The holder of a special exempt raffle license issued under section 331, subsection 7, may conduct or operate one raffle per year in which the holder of a winning chance receives something of value worth more than $10,000 but not more than $25,000. The holder of a special exempt raffle license issued under section 331, subsection 8, may conduct or operate one raffle per year in which the holder of a winning chance receives something of value worth more than $10,000 but not more than $75,000. The holder of a special exempt raffle license issued under section 331, subsection 7 or 8, may not conduct or operate a raffle in which the holder of a winning chance receives a cash prize worth more than $10,000.

2. Other raffles. All other persons, either licensed under this chapter to conduct or operate a raffle or exempt under section 331, subsection 6, may conduct or operate raffles in which the holder of a winning chance receives something of value worth no more than $10,000.

Section 332

Issuance of license –

1. Organizations eligible. Notwithstanding other provisions of law, the Chief of the State Police may issue a license to operate a game of chance to an agricultural society eligible for a stipend under Title 7, chapter 4, or to a bona fide nonprofit charitable, educational, political, civic, recreational, fraternal, patriotic or religious organization, or to a volunteer fire department or to an auxiliary of any of these organizations, any of which must be founded, chartered or organized in this State for a period of not less than 2 consecutive years before applying for a license.

[ 2005, c. 563, §14 (AMD) .]

2. Games conducted by members and bartenders of licensees only. A game of chance licensed pursuant to this section shall be operated and conducted for the exclusive benefit of the licensee and shall be operated and conducted only by duly authorized members of the licensee or by persons employed by the licensee as bartenders, except that nonmembers employed by the licensee as bartenders may not operate or conduct any game of chance permitted under section 332, subsection 4, paragraph B. The requirements of this subsection shall not aply to any agricultural fair association licensed to operate a game of chance

[ 1981, c. 593, §1 (AMD) .]

3. Schemes prohibited. No license may be issued for the conduct or operation of any machine, slot machine, roulette, or any games commonly known as policy or numbers, except that a license may be issued for any electronic video machine. Any electronic video machine which constitutes a game of chance, as defined in section 330, subsection 2, shall be fully governed by the laws contained in this chapter.

[ 1983, c. 705, §5 (AMD) .]

3-A. Prohibited games. The following games are prohibited.

A. No game may be allowed which utilizes objects which are constructed, designed or altered to be other than what they appear to be and to respond in a way other than that in which the average player would assume that they would respond, unless that construction, design or alteration is permitted in the rules governing that game and the construction, design or alteration meets the requirements of those rules. [1983, c. 225, §2 (NEW).]

B. No game may be allowed in which the operator either partially or entirely controls the outcome of the game by his manner of operating or conducting the games. [1983, c. 225, §2 (NEW).]

C. No game may be allowed in which the outcome depends upon the word of the operator against the word of the player. [1983, c. 225, §2 (NEW).]

D. No game of skill may be allowed which includes any mechanical or physical device which directly or indirectly impedes, impairs or thwarts the skill of the player.

[1983, c. 225, §2 (NEW).] [ 1983, c. 225, §2 (NEW) .]

3-B. Licenses for electronic video machines. The following provisions apply to licenses for electronic video machines.

A. The Chief of the State Police may issue a game of chance license to operate an electronic video machine to any society or organization listed in subsection 1, which has been founded, chartered or organized in this State at least 2 years prior to its application for a license.

[1983, c. 705, §6 (NEW).]

B. An electronic video machine licensed under this section shall only be operated for the exclusive benefit of the licensee, except that up to 50% of the gross proceeds from the operation of the machine may be paid to the distributor as a rental fee and for service and repair of the machine. Notwithstanding other provisions of this chapter, a licensee may rent an electronic video machine from a distributor.

[1983, c. 705, §6 (NEW).]

C. No more than 5 electronic video machines may be operated on the licensee’s premises. A separate games of chance license is required for the operation of each electronic video machine.

[1983, c. 705, §6 (NEW).]

D. A licensee may operate an electronic video machine only on the licensee’s premises.

[1983, c. 705, §6 (NEW).]

E. Two or more licensees may not share the use of any premises for the operation of electronic video machines. [1983, c. 705, §6 (NEW).]

F. No distributor or employee of the distributor may be a member of the licensee.

[1983, c. 705, §6 (NEW).] [ 1983, c. 705, §6 (NEW) .]

4. Location. A license, issued pursuant to this section, shall specify the location where the organization may operate the licensed game of chance. No licensee may operate games of chance in more than one location at the same time.

A. An agricultural society or a bona fide nonprofit organization may operate a game of chance on the grounds of an agricultural society and during the annual fair of the agricultural society. [1999, c. 716, §1 (AMD).] B. No other licensee may operate a game of chance on premises to which the general public has access. In any room where a licensed game of chance is being conducted, there must be at least one member of the licensee present in that room for every 2 nonmembers who are present. That member must have been a member of the licensee for at least one year. A member of the licensee, either directly or through another member or guest, may not stake or risk something of value in the licensee’s game of chance unless the member has been a member, as defined in section 330, subsection 3-B, of the licensee for at least 14 days not including the day of admission into membership.

A bona fide nonprofit organization may operate a licensed game of chance to which the general public has access once every 3 months for a period not to exceed 3 consecutive days. The licensed game of chance may be operated at any location described in the license and may be conducted only by members of the licensee.

[2005, c. 179, §1 (AMD).] [ 2005, c. 179, §1 (AMD) .]

5. Multiple licenses. An organization eligible to obtain a license to operate a game of chance may be issued licenses to operate more than one game of chance. Each license issued shall be valid for the operation of no more than one game of chance, the nature of which shall be specified on the license.

[ 1977, c. 350, §4 (NEW) .]

6. Charitable organizations; livestock raffling. A license is required before a charitable organization may raffle livestock for fund-raising purposes under Title 7, section 3972, subsection 4. The Commissioner of Agriculture, Food and Rural Resources or the commissioner’s designee shall make forms available for charitable organizations to apply for licenses for one or 3-year periods. If the commissioner or the commissioner’s designee is satisfied that the charitable organization has not violated or will not violate the restrictions of Title 7, section 3972, a license shall be issued.

Section 332

A. License exceptions for games of chance –

Notwithstanding section 331, subsection 1, organizations that are eligible for a license to conduct games of chance may conduct games of chance without a license in accordance with this section.

[2009, c. 386, §1 (NEW).]

1. Organizations eligible. An organization, other than an agricultural fair society, that raises less than $15,000 in gross revenue in a calendar year from the operation of games of chance is eligible to conduct games of chance without a license. If an organization exceeds $15,000 in gross revenue in a calendar year, the organization must submit an application as described in section 333 and any information and fees otherwise required for an application for licensure under this chapter. An organization that raised more than $15,000 in revenue during the previous calendar year from the operation of licensed games of chance is not eligible to conduct games without a license in accordance with this section.

[ 2009, c. 386, §1 (NEW) .]

2. Limits. An organization that conducts a game of chance without a license in accordance with this section may not collect more than $10,000 in gross revenue from any one event at which games of chance are conducted. If an organization exceeds $10,000 in gross revenue at any one event, the organization must submit an application as described in section 333 and any information and fees otherwise required for an application for licensure under this chapter. An organization that exceeds $10,000 in gross revenue at any one event is not eligible to conduct games of chance without a license as provided by this section within one calendar year of the event at which the revenue limit was exceeded.

[ 2009, c. 386, §1 (NEW) .]

3. Registration required. In order to conduct games of chance without a license in accordance with this section, an organization must register with the Chief of the State Police. Registrations made in accordance with this section are valid per event. The registration must include the following:

A. The name and tax identification number of the organization and the charitable purpose for which the games are being conducted;

[2009, c. 386, §1 (NEW).]

B. The names of the members of the organization who will be responsible for overseeing the operation of the games of chance;

[2009, c. 386, §1 (NEW).]

C. The date, time and location of the event at which games of chance will be conducted;

[2009, c. 386, §1 (NEW).]

D. The number and types of games to be conducted;

[2009, c. 386, §1 (NEW).]

E. An oath and acknowledgement by the applicant that the information contained in the registration is true and accurate; and

[2009, c. 386, §1 (NEW).]

F. A registration fee of $30.

[2009, c. 386, §1 (NEW).] [ 2009, c. 386, §1 (NEW) .]

4. Licensed printers and distributors. Equipment used to conduct games of chance in accordance with this section must be provided by printers and distributors licensed as required by this chapter.

[ 2009, c. 386, §1 (NEW) .]

5. Other provisions applicable. An organization that conducts games of chance in accordance with this section is subject to applicable provisions of section 332, subsections 2, 3, 3-A and 4 and sections 334, 335, 340, 341, 345 and 346.

[ 2009, c. 386, §1 (NEW) .]

6. Revenue and disposition of funds report. An organization that conducts games of chance in accordance with this chapter shall file a disposition of funds form prescribed and furnished by the Chief of the State Police reporting the total revenue from games of chance conducted within 12 calendar months of the date when the first game conducted without a license took place and the amount of revenue spent to support the charitable purposes for which the games were conducted. Every statement in the report must be made under oath by an officer of the organization or by the member in charge of the conduct of the games.

[ 2009, c. 386, §1 (NEW) .]

7. Violation. If an organization that has registered to conduct games of chance is found to have violated any provision of this section, the net revenue from any games of chance conducted is forfeited to the Chief of the State Police. If an organization is found to have violated any provision of this section, the bureau is prohibited from accepting a registration as provided by this section from that organization or a person listed on the registration for that organization for a period of 10 years.

[ 2009, c. 386, §1 (NEW) .]

Section 333

Application –

An application to operate or conduct a game of chance shall be on forms provided by the Chief of the State Police. Such application shall be signed by a duly authorized officer of the organization. It shall contain the full name and address of the organization, a full description of the game of chance, the location where the game is to be conducted and any other information deemed necessary by the Chief of the State Police for the issuance of a license to operate a game of chance. An application to operate or conduct a game of chance shall bear the consent of the municipal officers of the town or city in which such game of chance is to be operated or conducted. [1973, c. 735, 3 (NEW).]

Section 333-A

Tournament games –

The Chief of the State Police may issue a license to conduct tournament games as provided in this section to an organization eligible to conduct beano games under chapter 13-A and games of chance under this chapter. For purposes of this section, “tournament game” means a game of chance played using a deck of cards with rules similar to poker or other card games. The Chief of the State Police may not issue a tournament game license to an organization more than once per month.

[2007, c. 205, §1 (NEW).]

1. Local governing authority approval. An organization that intends to apply for a tournament game license must first receive approval by the local governing authority where the games are to be conducted. Proof of approval from the local governing authority must be provided to the Chief of the State Police upon application for a tournament game license.

[ 2007, c. 205, §1 (NEW) .]

2. License application. An organization must submit a license application to the Chief of the State Police on a form provided by the Chief of the State Police. The license application must specify one or more charitable organizations that the proceeds of the tournament are intended to benefit. For the purposes of this section, “charitable organization” means any person or entity, including any person or entity in a foreign state, that is or purports to be organized or operated for any charitable purpose or that solicits, accepts or obtains contributions from the public for any charitable, educational, humane or patriotic purpose.

[ 2007, c. 205, §1 (NEW) .]

3. License. The license fee for a tournament game license is as follows:

A. Two hundred dollars for tournaments with up to 100 players; [2009, c. 457, §1 (NEW).]

B. Three hundred dollars for tournaments with 101 to 150 players; [2009, c. 457, §1 (NEW).]

C. Four hundred dollars for tournaments with 151 to 200 players; [2009, c. 457, §1 (NEW).]

D. Five hundred dollars for tournaments with 201 to 250 players; and [2009, c. 457, §1 (NEW).]

E. Six hundred dollars for tournaments with 251 to 300 players.

[2009, c. 457, §1 (NEW).] [ 2009, c. 457, §1 (AMD) .]

4. Tournament. The organization licensed to conduct a tournament game under this section shall display the rules of the game and the license issued to conduct the tournament. The maximum number of players allowed is 100 unless the tournament is held on premises owned by the licensee, in which case the maximum number of players allowed is 300. Winners are determined by a process of elimination. The use of currency is prohibited as part of tournament play. The maximum entry fee to play in the tournament is $100, except the organization may add to the player entry fee to defray the cost of the license fee, as long as the total additional amount collected from all players does not exceed $200. Only one entry fee is permitted per person. A tournament must be completed within 48 hours. Other games of chance are prohibited, except for lucky seven or similar sealed tickets.

[ 2009, c. 457, §2 (AMD) .]

5. Proceeds. No less than 75% of the entry fees under subsection 4 must be paid as prizes to the winners of the tournament.

[ 2009, c. 457, §3 (AMD) .]

6. Cost of administration; surplus. The Chief of the State Police may retain, from license fees collected in accordance with subsection 3, only an amount necessary to defray the costs of administering this section. All fees collected in excess of the amount necessary to defray the costs of administration must be allocated as follows:

A. Forty percent to the Fractionation Development Center; and

[2007, c. 205, §1 (NEW).]

B. Sixty percent to the General Fund.

Section 334

Evidence –

The Chief of the State Police may require such evidence as the chief may determine necessary to satisfy the chief that an applicant or organization licensed to conduct games of chance conforms to the restrictions and other provisions of this chapter. Charters, organizational papers, bylaws or other such written orders of founding that outline or otherwise explain the purpose for which such organization was founded, must, upon request, be forwarded to the Chief of the State Police. The Chief of the State Police may require of any licensee or of any person operating, conducting or assisting in the operation of a licensed game of chance evidence as the chief may determine necessary to satisfy the chief that the person is a duly authorized member of the licensee, or a person employed by the licensee as a bartender, as required by section 332, subsection 2. Upon request, this evidence must be forwarded to the Chief of the State Police. The Chief of the State Police may require such evidence as the chief may determine necessary regarding the conduct of games of chance by a licensee to determine compliance with this chapter.

[2001, c. 538, §3 (AMD).]

Section 335

Revenue and expenses –

1. Compensation. Those who conduct games of chance may not be paid for such services except as follows.

A. An organization including a fair licensed to operate beano, bingo or Lucky 7 games may use up to 20% of the gross revenue to compensate those who conduct the games.

[2001, c. 672, §7 (NEW).]

B. Each person who conducts a game of chance licensed to an agricultural fair may be paid at a rate that does not exceed 3 times the State’s minimum wage as established in Title 26, section 664, subsection 1, unless the game is one for which the limit in paragraph A applies.

[2001, c. 672, §7 (NEW).][ 2001, c. 672, §7 (RPR) .] 2. Exception.

[ 1993, c. 45, §6 (RP) .]

2-A. Exceptions. Notwithstanding subsection 1, a licensee may pay or use the proceeds of a game of chance to:

A. Defray the expenses or part of the expenses that further the purpose for which the organization is formed, except that the proceeds may not be:

(1) Used to purchase alcohol or to defray the cost of activities where alcohol is served; or

(2) Paid directly to organization members except as specifically allowed in this section; and [1993, c. 45, §7 (NEW).]

B. Defray the expenses or part of the expenses of a member, auxiliary member, officer or employee of the organization for a serious illness, injury or casualty loss if the licensee makes an application pursuant to this section and the application is approved by the licensing division within the Bureau of State Police.

(1) An application must be made in the form and contain the information the licensing division requires.

(a) In the case of serious illness or injury, the licensing division may require certification by a licensed physician in support of the application.

(b) In the case of a casualty loss, the licensing division may require statements or reports from a law enforcement agency, rescue or other emergency services personnel or an insurance agency to support the application.

(c) The licensing division may deny an application if it appears that the person who would receive the proceeds has adequate means of financial support, including, but not limited to, insurance or workers’ compensation benefits.

[1993, c. 45, §7 (NEW).] [ 1993, c. 45, §7 (NEW) .]

2-B. Exceptions for agricultural fairs.

[ 2001, c. 672, §8 (RP) .]

3. Rules. The Chief of the State Police shall adopt rules in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375 to carry out this section.

[ 1989, c. 825, §3 (NEW) .]

4. Posting. An organization licensed to conduct a game of chance pursuant to section 332 shall post in a conspicuous place in the room or hall where the game of chance is conducted a sign that states: the net revenue earned from the operation of the game in dollars and cents; the amount of charitable donations from that net revenue in dollars and cents; what percentage in dollars and cents of the net revenue that amount represents in donations to nonprofit activities; and what percentage of the net revenue was distributed from licensed games for the previous calendar year and the current calendar year.

Section 336

Records; licenses –

1. Records required. Each licensee shall keep a record of all financial transactions involving games of chance operated under each license granted to the licensee. The treasurer of the licensee or another officer designated by the treasurer is responsible for maintaining those records. The records must include an exact account of all revenue from the games, an itemization of all expenses, including, but not limited to, the cost of prizes, printing, licenses and administration, and the disposition of all proceeds, including, but not limited to, all gifts, grants and payments to any person, firm, corporation, association or organization for any purpose whatsoever. All financial records involving games of chance must be separate and distinguishable from other records of the organization. Revenue from more than one game of chance may be entered into one account.

[ 2001, c. 672, §9 (RPR) .]

1-A. Records required by agricultural fairs.

[ 2001, c. 672, §10 (RP) .]

1-B. Records required for licensee employing tokens. If a licensee employs tokens to account for revenue from games of chance and if the licensee maintains direct control over the sale and redemption of the tokens and keeps accurate records of all tokens used, then the chief may by rule alter or reduce the record-keeping requirements of subsection 1 to the extent that a licensee’s use of tokens renders those records unnecessary for adequate control of the licensee’s games.

[ 2001, c. 672, §11 (NEW) .]

2. Disposition of funds reports. Within 10 business days after the last day of any period during which a licensed game of chance is conducted with other than an annual license or within 10 business days after the end of each calendar month during which a licensed game of chance is conducted with an annual license, the licensee shall file with the Chief of the State Police a disposition of funds form prescribed and furnished by the Chief of the State Police, detailing for the period the total receipts and expenditures of the game and the disposition of funds. Every statement must be made under oath by an officer of the licensee or by the member in charge of the conduct of the game.

[ 1999, c. 63, §2 (AMD) .]

2-A. Disposition of funds reports from licensee using tokens. If tokens are employed to account for revenue from games of chance, then the licensee shall report the number of tokens sold, the number redeemed and the disposition of funds from the proceeds of sale in addition to such other information as the chief may require under subsection 2.

[ 2001, c. 672, §12 (RPR) .]

3. Records maintained for 3 years. Every licensee which has conducted a game of chance shall maintain and keep for a period of 3 years reports as may be necessary to substantiate the records and reports required by this section or by the rules and regulations adopted under this chapter.

[ 1977, c. 350, §6 (NEW) .]

4. Location. All records which shall be maintained by a licensee pursuant to this section and pursuant to the rules and regulations adopted under this chapter shall be kept and maintained on the premises where the game of chance has been conducted or at the primary business office of the licensee, which office shall be designated by the licensee in the license application. All these records shall be open to inspection by the Chief of the State Police or his representative and no licensee shall refuse the Chief of the State Police or his representative the right to inspect or audit the records. Refusal to permit inspection or audit of the records shall not constitute a crime under this chapter but shall constitute grounds for revocation of license.

Section 336

A. Records; distributors and printers –

1. Sales agreements. Each distributor shall forward to the Chief of the State Police, prior to delivery of any gambling machine to the purchaser, a copy of all sales agreements, sales contracts or any other agreements involving the sale of any gambling machine. The terms of the sales contract shall include, but not be limited to, the name of seller, name of purchaser, address of seller, address of purchaser, description of the gambling machine including serial number and model name and number, total sale price, any arrangement or terms for payments and the date of final payment.

Any change, modification or alteration of these agreements shall be reported to the Chief of the State Police by the purchaser within 6 days of the change, modification or alteration.

[ 1977, c. 350, §7 (NEW) .]

2. Service agreements. With the sale of any gambling machine involving a service agreement, the distributor shall forward to the Chief of the State Police a copy of the agreement prior to delivery of the machine. The terms of the service agreements shall include, but not be limited to, the name of seller, name of purchaser, address of seller, address of purchaser, description of machine to be serviced, including serial number and model name and number and all prices and payments for that service.

Any change, modification or alteration of the agreement shall be reported to the Chief of the State Police by the purchaser within 6 days of the change, modification or alteration.

[ 1977, c. 350, §7 (NEW) .]

2-A. Agricultural societies; lease agreements. When a gambling apparatus or implement is leased as provided in section 337 to an agricultural society, the distributor shall forward to the Chief of the State Police a copy of the lease agreement prior to delivery of the gambling apparatus or implement. The terms of the lease must include, but are not limited to, the name of the lessor; address of the lessor; name of the lessee; address of the lessee; description of the gambling apparatus or implement; serial number, model name or number of the gambling apparatus or implement; and all prices and payments for the lease. Each lease must be for a specific period of time no longer than the duration of the annual fair of that lessee, and each gaming apparatus must have its own separate lease. Gambling apparatus or implements leased under this section:

A. May only be operated for the exclusive benefit of the agricultural society, except for leased amounts subject to the provisions of section 337 amounts for the gambling apparatus or implements may be paid to the distributor for the lease; and

[1999, c. 716, §6 (NEW).]

B. Must bear the name and address of the distributor.

[1999, c. 716, §6 (NEW).] [ 1999, c. 716, §6 (NEW) .]

3. Reports. At the end of each calendar month, every distributor and printer shall file with the Chief of the State Police a report which shall indicate:

A. The names and addresses of all persons or organizations to which the distributor or printer has distributed equipment and the dates of the distribution;

[1977, c. 350, §7 (NEW).]

B. A description of the equipment distributed, including serial number and model name and number; and

[1977, c. 350, §7 (NEW).]

C. The quantities of any equipment distributed.

[1977, c. 350, §7 (NEW).] [ 1977, c. 350, §7 (NEW) .]

4. Retention and inspection of records. Each distributor and printer shall maintain and keep for a period of 3 years, on the premises of the distributor or printer, any records that may be necessary to substantiate the reports required by this section or by the rules and regulations adopted under this chapter. All distributor’s and printer’s records shall be open to inspection and no licensee shall refuse the Chief of the State Police or his representative the right to inspect or audit the records. Refusal to permit inspection or audit of the records shall not constitute a crime under this chapter but shall constitute grounds for revocation of license.

Section 337

Distributor –

A distributor may not sell, lease, market or otherwise distribute gambling apparatus or implements unless licensed by the Chief of the State Police, except that a license is not required for the sale, marketing or distribution of raffle tickets when the holder of the winning chance receives something of value worth less than $10,000.

[1999, c. 716, §7 (AMD).]

Every nonresident manufacturer or distributor of gambling apparatus or implements doing business in the State shall have a Maine agent who must be licensed as a distributor.

[1989, c. 254, §4 (AMD).]

A distributor may not sell, market or otherwise distribute gambling apparatus or implements to a person or organization, except to persons or organizations licensed to operate or conduct games of chance under section 332, licensed to conduct a special exempt raffle under section 331, subsection 7 or 8, or eligible to conduct a raffle pursuant to section 331, subsection 6. A distributor may not lease or loan or otherwise distribute free of charge any gambling apparatus or implements to an organization eligible to operate a game of chance. A distributor may lease gambling apparatus or implements to an agricultural society licensed to operate games of chance on the grounds of the agricultural society and during the annual fair of the agricultural society as long as the distributor does not charge the agricultural society an amount in excess of 50% of the gross revenue from any licensed game of chance.

[1999, c. 716, §8 (AMD).]

Every licensee shall acquire all gambling apparatus and implements from a distributor licensed under this section, unless that gambling apparatus or implements are printed, manufactured or constructed by the licensed organization. At no time may any licensee print, manufacture or construct any gambling implements or apparatus for distribution to any other licensee. The applicant for a distributor’s license, or if the applicant is a firm, corporation, association or other organization, its resident manager, superintendent or official representative shall file an application with the Chief of the State Police on forms furnished by the Chief of the State Police. The Chief of the State Police shall furnish each applicant with a current copy of this chapter and the rules adopted under section 343. The Chief of the State Police shall furnish each licensee with a copy of any changes or additions to this chapter and the rules adopted under section 343.

Section 338

Printer –

No Maine printer may print materials to be used in the conduct of a licensed game of chance unless licensed by the Chief of the State Police. A printer licensed under this section may act as a distributor without having to be licensed as a distributor providing neither the printer nor anyone in the printer’s behalf acts as a seller for services connected with a game of chance outside of the confines of the printer’s premises described in that printer’s license. If that printer or someone else acts as a seller for the printer’s services in connection with a game of chance outside of the premises described in that printer’s license, either that printer or any person or persons acting in that printer’s behalf must be licensed as a distributor.

[1989, c. 254, §5 (AMD).]

The applicant for a printer’s license, or if the applicant is a firm, corporation, association or other organization, its resident manager, superintendent or official representative shall file an application with the Chief of the State Police on forms furnished by the Chief of the State Police. The Chief of the State Police shall furnish each applicant with a current copy of this chapter and the rules adopted under section 343. The Chief of the State Police shall furnish each licensee with a copy of any changes or additions to this chapter and the rules adopted under section 343.

Section 338-A

Investigations and actions on licenses –

1. Investigation. The Chief of the State Police shall investigate or cause to be investigated all complaints made to him and all violations of this chapter or the rules adopted pursuant to section 343.

[ 1985, c. 93, §3 (NEW) .]

2. Refusal to issue, modify or renew; modification; suspension; revocation. Grounds for an action to refuse to issue, modify or renew, modify, suspend or revoke the license of a distributor or printer licensed under this chapter are as follows.

A. The distributor or printer or its resident manager, superintendent or official representative made or caused to be made a false statement of material fact in obtaining a license under this chapter or in connection with service rendered within the scope of the license issued.

[1985, c. 93, §3 (NEW).]

B. The distributor or printer or its resident manager, superintendent or official representative violated any provision of this chapter or any rule adopted by the Chief of the State Police under section 343.

(1) Except as provided in subparagraph (2), the Chief of the State Police shall give written notice of any violation to the distributor or printer who then has 14 days to comply. Failure to comply within the 14-day period is grounds for an action under this section.

(2) If a distributor or printer violates section 337 or 338 the Chief of the State Police is not required to give the notice or allow the compliance period provided in subparagraph

(1). [1985, c. 93, §3 (NEW).]

C. The distributor or printer or its resident manager, superintendent or official representative has been:

(1) Convicted of a crime which is included in this chapter or Title 17-A, chapter 39; or

(2) Convicted within the prior 10 years of any crime for which imprisonment for more than one year may be imposed.

Section 339

Fees –

1. Original application fee. The original application for a license to operate a game of chance must be accompanied by a fee of $7.50. This is not a fee for a license and is not refundable.

[ 1991, c. 528, Pt. H, §2 (AMD); 1991, c. 591, Pt. H, §2 (AMD); 1991, c. 528, Pt. RRR, (AFF) .]

2. Operation of games of chance. Except as provided in subsection 3, the fee for a license to operate a game of chance is $15 for each week computed on a Monday to Sunday basis or portion thereof. The license may be issued for a calendar month for a fee of $60 or for a calendar year for a fee of $700. Any combination of monthly or weekly licenses may be issued. Except as provided in subsection 3, licenses to conduct any authorized game of chance may be issued for a period not to exceed 6 months on one application.

[ 1997, c. 684, §6 (AMD) .]

2-A. Operation of electronic video machines. The fee for a game of chance license to operate an electronic video machine is $15 for each week computed on a Monday to Sunday basis or portion of a week. The license may be issued for a calendar month for a fee of $60. Any combination of monthly or weekly licenses may be issued. Licenses to operate an authorized electronic video machine may be issued for a period not to exceed 6 months on one application.

[ 1991, c. 528, Pt. H, §2 (AMD); 1991, c. 591, Pt. H, §2 (AMD); 1991, c. 528, Pt. RRR, (AFF) .]

3. Games of cards. The fee for a license issued to an organization to operate a game of cards, when the organization charges no more than a $5 daily entry fee for participation in the games of cards and when no money or valuable thing other than the $5 daily entry fee is gambled by any person in connection with the game of cards, is $30 for each calendar year or portion thereof. For card games that are played by placing a maximum bet of $1 per hand or deal, the license fee is the same as provided in subsection 2

[ 2007, c. 554, §1 (AMD) .]

4. Distributors. The fee for a license issued to a distributor is $625 for each calendar year or portion thereof.

[ 1991, c. 528, Pt. H, §2 (AMD); 1991, c. 591, Pt. H, §2 (AMD); 1991, c. 528, Pt. RRR, (AFF) .]

5. Printers. The fee for a license issued to a printer is $15 for each calendar year or portion thereof.

[ 1991, c. 528, Pt. H, §2 (AMD); 1991, c. 591, Pt. H, §2 (AMD); 1991, c. 528, Pt. RRR, (AFF) .]

6. Application. Licenses to operate any authorized game of chance may be issued for a period not to exceed 6 months on one application.

[ 1991, c. 528, Pt. H, §2 (AMD); 1991, c. 591, Pt. H, §2 (AMD); 1991, c. 528, Pt. RRR, (AFF) .] All fees required by this section must accompany the application for any license issued by authority of this chapter. [1991, c. 528, Pt. H, §2 (AMD); 1991, c. 591, Pt. H, §2 (AMD); 1991, c. 528, Pt. RRR, (AFF).]

Fees submitted as license fees must be refunded if the license is not issued. Rebates may not be given for any unused license or portion of an unused license. If any license is suspended or revoked as provided by this chapter, fees paid for licenses issued may not be refunded.

[1991, c. 528, Pt. H, §2 (AMD); 1991, c. 591, Pt. H, §2 (AMD); 1991, c. 528, Pt. RRR, (AFF).]

Section 340

Persons under 16 years of age –

Except as provided in section 331, subsection 2-B, a licensee, game owner or operator may not permit persons under the age of 16 years to take part in a game of chance and a person under the age of 16 years may not sell chances, except in relation to charitable, religious or recognized youth associations.

[2007, c. 254, §2 (AMD).]

No person under the age of 18 years may be licensed under this chapter.

Section 341

Limits on games of chance –

1. Limits. The maximum bet for licensed games of chance, including card games in which bets are placed per hand or per deal, is $1 for any one chance, hand or deal. Licensed card games that award part or all of the entry fees paid to participate as prize money and in which no money or thing of value is wagered except for the entry fee are limited to a $5 daily entry fee and no more than 50 players at any one time at any one location.

[ 2009, c. 224, §1 (AMD) .]

2. Exceptions. If the licensee operates games of chance less than 3 days per calendar year and contributes 100% of the gross income from those games of chance to charity then those games of chance shall be limited as to the amount which may be gambled to:

A. $1 daily entry fee; [1981, c. 130, (NEW).]

B. 50¢ per game; or [1981, c. 130, (NEW).]

C. 25¢ per card received. [1981, c. 130, (NEW).]

Prior to play of the game, the licensee shall determine which of the limits in paragraph A, B or C is to be used and shall post the limit.

[ 1981, c. 130, (NEW) .]

3. Games conducted at agricultural fairs.

[ 2001, c. 672, §13 (RP) .]

4. Games conducted at agricultural fairs by members of agricultural society or bona fide nonprofit. Beginning January 1, 2002, games of chance operated and conducted solely by members of an agricultural fair society or games of chance operated and conducted by members of bona fide nonprofit organizations on the grounds of the agricultural society and during the annual fair of the agricultural society may use cash, tickets, tokens or other device approved by the Chief of the State Police by rule.

Notwithstanding any other provision of this section, the tickets, tokens or other device approved by the Chief of the State Police must be unique to the agricultural society and may be in denominations of 25¢, 50¢ or $1. The tickets, tokens or device approved by the Chief of the State Police may be sold and redeemed only by a person who has been a member or active volunteer of the agricultural society for at least 2 fair seasons. The agricultural society has the burden of proof for demonstrating the qualification of members or active volunteers.

[ 2001, c. 538, §4 (AMD) .]

5. Requirements. Agricultural fairs that use tokens shall provide records and reports as required by section 336, subsections 1-B and 2-A.

[ 2001, c. 672, §14 (AMD) .]

6. Rules. Rules adopted pursuant to subsection 4 are routine technical rules as defined by Title 5, chapter 375, subchapter II-A.

Section 342

Reports –

The Chief of the State Police shall require from any licensed printer or distributor, or from any organization authorized to operate a game of chance, whatever reports he deems necessary for the purpose of the administration and enforcement of this chapter.

Section 343

Rules and regulations –

The Chief of the State Police has the power to adopt rules, not inconsistent with law, which are necessary for the administration and enforcement of this chapter and for the licensing, conduct and operation of games of chance. The chief of the State Police has the power and authority to regulate, supervise and exercise general control over the operation of such games. In establishing such rules, the Chief of the State Police must, in addition to the standards set forth in other provisions of this chapter, use the following standards setting forth conduct, conditions and activity considered undesirable.

[1997, c. 684, §7 (AMD).]

1. Fraud. The practice of any fraud or deception upon a participant in a game of chance.

[ 1975, c. 410, §4 (RPR) .]

2. Unsafe premises. The conduct of a game of chance in or at premises which may be unsafe due to fire hazard or other such conditions.

[ 1975, c. 410, §4 (RPR) .]

3. Advertising and solicitation. Advertising which is obscene; solicitation on a public way of persons to participate in a game of chance.

[ 1975, c. 410, §4 (RPR) .]

4. Organized crime. Infiltration of organized crime into the operation of games of chance, or into the printing or distributing of gambling materials

[ 1975, c. 410, §4 (RPR) .

]5. Disorderly persons. Presence of disorderly persons in a location where a game of chance is being conducted.

[ 1975, c. 410, §4 (RPR) .]

6. Leasing of equipment. Use of equipment which is not owned absolutely, or for which rental is made for said use in the operation of a game of chance.

[ 1975, c. 410, §4 (RPR) .]

7. Bona fide nonprofit organization. The establishment of organizations which exist primarily to operate games of chance and do not have a bona fide nonprofit charitable, educational, political, civic, recreational, fraternal, patriotic, religious or public safety purpose.

[ 1983, c. 705, §8 (NEW) .]

The Chief of the State Police shall provide a mechanism for individuals and businesses to request a determination from the State Police as to whether a particular game, contest, scheme or device qualifies as a game of chance or a game of skill.

Section 343-A

Investigations; actions on licenses –

1. Chief of the State Police. The Chief of the State Police may:

A. Investigate all aspects of this chapter including the direct and indirect ownership or control of any licenses;

[1997, c. 684, §8 (NEW).]

B. Suspend, revoke or refuse to issue a license, after notice and the opportunity for a hearing, if the applicant, applicant’s agent or employee, licensee or licensee’s agent or employee violates a provision of this chapter or Title 17-A, chapter 39 or fails to meet the statutory requirements for licensure pursuant to this chapter;

[2001, c. 342, §4 (AMD).]

C. Immediately suspend or revoke a license if there is probable cause to believe that the licensee or the licensee’s agent or employee violated section 332, subsection 3-A or 3-B, paragraph C or a provision of Title 17-A, chapter 39; and

[2001, c. 342, §4 (AMD).]

D. Issue a subpoena in the name of the State Police in accordance with Title 5, section 9060, except that this authority applies to any stage of an investigation under this chapter and is not limited to an adjudicatory hearing. This authority may not be used in the absence of reasonable cause to believe a violation has occurred. If a witness refuses to obey a subpoena or to give any evidence relevant to proper inquiry by the chief, the Attorney General may petition the Superior Court in the county where the refusal occurred to find the witness in contempt. The Attorney General shall cause to be served on that witness an order requiring the witness to appear before the Superior Court to show cause why the witness should not be adjudged in contempt. The court shall, in a summary manner, hear the evidence and, if it is such as to warrant the court in doing so, punish that witness in the same manner and to the same extent as for contempt committed before the Superior Court or with reference to the process of the Superior Court.

[2001, c. 342, §4 (NEW).] [ 2001, c. 342, §4 (AMD) .]

2. Licensing actions after notice and opportunity for hearing. The Chief of the State Police shall notify the applicant or licensee in writing, before a license is denied, suspended or revoked pursuant to subsection 1, paragraph B, of the intended denial or commencement date of the suspension or revocation, which may not be made any sooner than 96 hours after the licensee’s receipt of the notice, of the duration of the suspension or revocation and of the right to a hearing pursuant to this subsection. The applicant or licensee has the right to request a hearing before the Commissioner of Public Safety or the commissioner’s designee. Upon the applicant’s or licensee’s request for a hearing, the Commissioner of Public Safety shall provide a hearing. The hearing must comply with the Maine Administrative Procedure Act. The purpose of the hearing is to determine whether a preponderance of the evidence establishes that the applicant, applicant’s agent or employee, licensee or licensee’s agent or employee violated a provision of this chapter or Title 17-A, chapter 39. A request for a hearing may not be made any later than 10 days after the applicant or licensee is notified of the proposed denial, suspension or revocation. The suspension or revocation must be stayed pending the hearing; the hearing may not be held any later than 30 days after the date the commissioner receives the request unless otherwise agreed by the parties or continued upon request of a party for cause shown.

[ 2001, c. 342, §4 (AMD) .]

3. Immediate suspension or revocation. A licensee whose license is immediately suspended or revoked by the Chief of the State Police pursuant to subsection 1, paragraph C must be notified in writing of the duration of the suspension or revocation and the licensee’s right to request a hearing before the Commissioner of Public Safety or the commissioner’s designee. Upon the licensee’s request for a hearing, the Commissioner of Public Safety shall provide a hearing. The hearing must comply with the Maine Administrative Procedure Act. The purpose of the hearing is to determine whether a preponderance of the evidence establishes that the licensee or the licensee’s agent or employee violated section 332, subsection 3-A or 3-B, paragraph C or a provision of Title 17-A, chapter 39. A request for a hearing may not be made any later than 48 hours after the licensee is notified of the suspension or revocation. A hearing may not be held any later than 10 days after the date the commissioner receives the request.

Section 344

Expenses –

The necessary expenses of administering this chapter shall be paid out of the fees received under said chapter.

Section 345

Access to premises –

Any person, firm, corporation, association or organization making application to the Chief of the State Police to conduct or operate a game of chance or any such person, firm, corporation, association or organization authorized under this chapter to operate or conduct a game of chance, shall permit inspection of any equipment, prizes, records or items and materials used or to be used in the conduct or operation of a game of chance by the Chief of the State Police or the chief’s authorized representative.

[1997, c. 728, §8 (AMD).]

Any firm, corporation, association or organization licensed to operate a game of chance shall permit at any time the Department of Public Safety or the city or town fire inspectors of the municipality in which the licensed game is being conducted to enter and inspect the licensed premises.

Section 346

Violations –

Any person who violates this chapter or the rules and regulations promulgated hereunder shall be guilty of a Class D crime.

Section 347

Vending machines –

Nothing in this chapter applies to vending machines, the primary purpose of which is to dispense beverages, candy, fruit or other foodstuffs when a coin is inserted into the machine.

Section 952

Definitions –

As used in this chapter, the following definitions apply:

[1975, c. 499, §1 (NEW).]

1. “Advance gambling activity.” A person “advances gambling activity” if, acting other than as a player or a member of the player’s family residing with a player in cases in which the gambling takes place in their residence, he engages in conduct that materially aids any form of gambling activity. Conduct of this nature includes, but is not limited to, bookmaking, conduct directed toward the creation or establishment of the particular game, contest, scheme, device or activity involved, toward the acquisition or maintenance of premises, paraphernalia, equipment or apparatus therefor, toward the solicitation or inducement of persons to participate therein, toward the actual conduct of the playing phases thereof, toward the arrangement of any of its financial or recording phases, or toward any other phase of its operation. A person also advances gambling activity if, having substantial proprietary control or other authoritative control over premises being used with his knowledge for purposes of gambling activity, he permits that activity to occur or continue, or makes no effort to prevent its occurrence or continuation.

[ 1975, c. 499, §1 (NEW) .]

2. “Bookmaking” means advancing gambling activity by unlawfully accepting bets from members of the public as a business, rather than in a casual or personal fashion, upon the outcomes of future contingent events.

[ 1975, c. 499, §1 (NEW) .]

3. Contest of chance. “Contest of chance” means any game, contest, scheme or device in which:

A. A person stakes or risks something of value for the opportunity to win something of value;

[1995, c. 674, §4 (NEW).]

B. The rules of operation or play require an event the result of which is determined by chance, outside the control of the contestant or participant; and

[1995, c. 674, §4 (NEW).]

C. Chance enters as an element that influences the outcome in a manner that can not be eliminated through the application of skill.

[1995, c. 674, §4 (NEW).]

For the purposes of this subsection, “an event the result of which is determined by chance” includes but is not limited to a shuffle of a deck or decks of cards, a roll of a die or dice or a random drawing or generation of an object or objects that may include, but are not limited to, a card or cards, a die or dice, a number or numbers or simulations of any of these. A shuffle of a deck or decks of cards, a roll of a die or dice, a random drawing or generation of an object or objects or some other event the result of which is determined by chance that is employed to determine impartially the initial order of play in a game, contest, scheme or device does not alone make a game, contest, scheme or device a game of chance.

[ 1995, c. 674, §4 (RPR) .]

4. “Gambling.” A person engages in gambling if he stakes or risks something of value upon the outcome of a contest of chance or a future contingent event not under his control or influence, upon an agreement or understanding that he or someone else will receive something of value in the event of a certain outcome. Gambling does not include bona fide business transactions valid under the law of contracts, including but not limited to contracts for the purchase or sale at a future date of securities or commodities, and agreements to compensate for loss caused by the happening of chance, including but not limited to contracts of indemnity or guaranty and life, health or accident insurance.

[ 1975, c. 499, §1 (NEW) .]

5. “Gambling device” means any device, machine, paraphernalia or equipment that is used or usable in the playing phases of any gambling activity, whether that activity consists of gambling between persons or gambling by a person involving the playing of a machine. However, lottery tickets and other items used in the playing phases of lottery schemes are not gambling devices within this definition.

[ 1975, c. 499, §1 (NEW) .]

5-A. “Illegal gambling machine” means any machine, including electronic devices, however operated:

A. The internal mechanism or components of which when set in motion or activated may deliver or entitle the person playing or operating the machine to receive cash, premiums, merchandise, tickets or something of value;

[2001, c. 461, §1 (NEW).]

B. That is used to advance gambling activity;

[2003, c. 687, Pt. A, §6 (AMD); 2003, c. 687, Pt. B, §11 (AFF).]

C. That is not a machine that a person may lawfully operate pursuant to a license that has been issued under Title 17, chapter 14 or that is operated by the Department of Administrative and Financial Services, Bureau of Alcoholic Beverages and Lottery Operations; and

[2003, c. 687, Pt. A, §6 (AMD); 2003, c. 687, Pt. B, §11 (AFF).]

D. That is not a slot machine registered pursuant to Title 8, section 1020 and owned by a slot machine distributor licensed pursuant to Title 8, section 1013.

[2003, c. 687, Pt. A, §7 (NEW); 2003, c. 687, Pt. B, §11 (AFF).] [ 2003, c. 687, Pt. A, §§6, 7 (AMD); 2003, c. 687, Pt. B, §11 (AFF) .]

6. “Lottery” means an unlawful gambling scheme in which:

A. The players pay or agree to pay something of value for chances, represented and differentiated by numbers or by combinations of numbers or by some other medium, one or more of which chances are to be designated the winning ones; and

[1975, c. 499, §1 (NEW).]

B. The winning chances are to be determined by a drawing or by some other method based on an element of chance; and

[1975, c. 499, §1 (NEW).]

C. The holders of the winning chances are to receive something of value.

[1975, c. 499, §1 (NEW).] [ 1975, c. 499, §1 (NEW) .]

7. “Mutuel” means a form of lottery in which the winning chances or plays are not determined upon the basis of a drawing or other act on the part of persons conducting or connected with the scheme, but upon the basis of the outcome or outcomes of a future contingent event or events otherwise unrelated to the particular scheme.

[ 1975, c. 499, §1 (NEW) .]

8. “Player” means a person who engages in social gambling solely as a contestant or bettor on equal terms with the other participants therein without receiving or becoming entitled to receive something of value or any profit therefrom other than his personal gambling winnings. “Social gambling” is gambling, or a contest of chance, in which the only participants are players and from which no person or organization receives or becomes entitled to receive something of value or any profit whatsoever, directly or indirectly, other than as a player, from any source, fee, remuneration connected with said gambling, or such activity as arrangements or facilitation of the game, or permitting the use of premises, or selling or supplying for profit refreshments, food, drink service or entertainment to participants, players or spectators. A person who engages in “bookmaking” as defined in subsection 2 is not a “player.”

[ 1975, c. 499, §1 (NEW) .]

9. “Profit from gambling activity.” A person “profits from gambling activity” if, other than as a player, he accepts or receives money or other property pursuant to an agreement or understanding with any person whereby he participates or is to participate in the proceeds of gambling activity.

[ 1975, c. 499, §1 (NEW) .]

10. “Something of value” means any money or property, any token, object or article exchangeable for money or property, or any form of credit or promise directly or indirectly contemplating transfer of money or property, or of any interest therein, or involving extension of a service, entertainment or a privilege of playing at a game or scheme without charge.

[ 1975, c. 499, §1 (NEW) .]

11. “Unlawful” means not expressly authorized by statute.

[ 1975, c. 499, §1 (NEW) .]

Sources:

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