§ 12-301.1. Electronic gaming device

   (a) "Commission" defined. -- In this subtitle, "Commission" means the State Lottery and Gaming Control Commission.

(b) Certification and regulation. --

   (1) Except as provided in paragraphs (2) and (3) of this subsection and consistent with the provisions of this title and Title 13 of this article, the Commission shall certify and regulate the operation, ownership, and manufacture of an electronic gaming device authorized under this title.

   (2) This section does not apply to:

      (i) the ownership or operation of slot machines that are subject to regulation by the Comptroller under § 12-304 of this title; and

      (ii) paper tip jar gaming where authorized.

   (3) (i) This paragraph applies only in Baltimore City and Baltimore County.

      (ii) If a local law enforcement agency refuses to enforce a provision regarding the legal operation of amusement games, the Commission shall refer the matter to the appropriate office of the State's Attorney.

(c) Regulations. -- The Commission shall adopt regulations that:

   (1) define lawful and unlawful electronic and mechanical equipment used in connection with gaming devices that are consistent with this title;

   (2) approve and license electronic gaming devices authorized under State law;

   (3) approve and license owners, operators, and manufacturers of electronic gaming devices authorized under State law;

   (4) establish procedures for the license application and renewal processes required under this section; and

   (5) establish license fees that are sufficient to cover the direct and indirect costs of licensure required under this section.

(d) Determination of equivalent licensing and regulatory requirements; where determination not made. --

   (1) The Commission may determine:

      (i) that a county's licensing and regulatory process for electronic gaming devices is equivalent to the State licensing and regulatory process required under this section; and

      (ii) that a county license for owning, operating, or manufacturing an electronic gaming device in that county is equivalent to a State license.

   (2) If the Commission does not make a determination under paragraph (1) of this subsection, the regulations and licensing requirements of the Commission shall supersede:

      (i) the application of any county fees or regulations and licensing requirements for electronic gaming devices under this subsection; or

      (ii) a requirement for a county license for owning, operating, or manufacturing an electronic gaming device under this subsection.

(e) Illegal gaming device. -- An electronic gaming device that is not licensed or otherwise operated in compliance with the provisions of this section as of January 1, 2013, is an illegal gaming device that may not legally operate in the State.

HISTORY: 2012 ch. 603; 2012 2nd Sp. Sess., ch. 1, § 1; 2013, ch. 425.