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§ 13-1703. Gaming--Eligible organizations

West's Annotated Code of MarylandCriminal LawEffective: October 1, 2014

West's Annotated Code of Maryland
Criminal Law (Refs & Annos)
Title 13. Gaming--Local Provisions
Subtitle 17. Kent County
Effective: October 1, 2014
MD Code, Criminal Law, § 13-1703
Formerly cited as MD CODE Art. 27, § 253
§ 13-1703. Gaming--Eligible organizations
Permit required
(a) The county commissioners may issue a permit to an organization specified in subsection (c) of this section to use two or more of the following gaming devices in conducting a fundraiser at which a prize of merchandise or money may be awarded:
(1) a paddle wheel;
(2) a wheel of fortune;
(3) a chance book;
(4) a card game;
(5) a raffle; or
(6) any other gaming device.
Exception
(b) Unless conducted at an event requiring a permit under subsection (a) of this section, a raffle is not a multiple gaming device regulated under this section.
Qualified organizations
(c)(1) In this subsection, “charity” means an organization, institution, association, society, or corporation that is exempt from taxation under § 501(c)(3) of the Internal Revenue Code.
(2) The county commissioners may issue a permit to use multiple gaming devices to:
(i) a bona fide religious organization that has conducted religious services at the same location in the county for at least 3 years before applying for a permit;
(ii) a county-supported or municipally supported volunteer fire company or an auxiliary unit whose members are directly associated with the volunteer fire company or auxiliary unit;
(iii) a nationally chartered veterans' organization or an auxiliary unit whose members are directly associated with the veterans' organization;
(iv) for the purpose of conducting a fundraiser for the benefit of a charity located in the county, a bona fide:
1. fraternal organization;
2. educational organization;
3. civic organization;
4. patriotic organization; or
5. charitable organization; or
(v) a bona fide nonprofit organization that:
1. has operated on a nonprofit basis in the county for at least 3 years before applying for a permit; and
2. intends to use the multiple gaming devices to raise money for an exclusively charitable, athletic, or educational purpose specifically described in the permit application.
Application
(d) Before issuing a permit, the county commissioners shall determine that the organization seeking the permit:
(1) is organized in and serves the residents of the county; and
(2) meets the conditions of this subtitle.
Permit
(e)(1)(i) Except as provided in subparagraph (ii) of this paragraph, a permit is valid for one event that does not last longer than 6 hours.
(ii) The county commissioners may issue a permit for an event longer than 6 hours if the permit holder does not seek more than one permit in the same year.
(2) The county commissioners may not approve a permit for gaming events to be held on premises that are licensed under a Class B or Class D alcoholic beverages license.
(3) The county commissioners may not issue more than six permits to an organization in a single year.
(4) The county commissioners may:
(i) charge a fee set by resolution for each permit;
(ii) set the number of permits that may be issued each year; and
(iii) adopt regulations governing permit applications and the issuance of permits.
Limitations
(f)(1) An organization that is issued a permit shall conduct its fundraiser in a:
(i) structure that the organization owns, leases, or occupies;
(ii) structure that any organization that would qualify for a permit owns, leases, or occupies; or
(iii) public location that is:
1. described in the permit application; and
2. approved by the State's Attorney for the county.
(2)(i) Unless the county commissioners grant a waiver, only a resident of the county may manage and operate a fundraiser for which a permit is issued on behalf of the permit holder.
(ii) Each permit holder shall designate an individual to be responsible for compliance with the terms and conditions of this subtitle and a permit issued under this subtitle.
(iii) A person may not be compensated for operating the gaming activity conducted under a permit.
Financial accounting
(g)(1) The permit holder shall use at least one-half of the funds raised using the permit for civic, charitable, or educational purposes.
(2) Within 30 days after a fundraiser, the permit holder shall send to the county commissioners:
(i) an accounting of all funds received or pledged;
(ii) an accounting of all expenses paid or incurred; and
(iii) a statement under oath of the application of the net profits.
Disqualification
(h) The county commissioners may deny a permit for not more than 3 years to an organization that violates this subtitle or regulations adopted under this subtitle.

Credits

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2014, c. 573, § 1, eff. Oct. 1, 2014.
Formerly Art. 27, § 253.
MD Code, Criminal Law, § 13-1703, MD CRIM LAW § 13-1703
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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