§ 13-1108. Gaming event -- Conduct  


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  •    (a) In general. --

       (1) A gaming event may be conducted only in accordance with this subtitle.

       (2) A gaming device may only be managed or operated by a representative of the fundraising organization named in the gaming permit for the gaming event.

       (3) A professional gaming operator may not manage, operate, or assist in the management or operation of a gaming device.

       (4) A person may not receive any commission, salary, reward, tip, or other compensation for managing or operating a gaming device at a gaming event.

       (5) A minor may not participate in a gaming event.

       (6) A fundraising organization may lease gaming devices or premises for a gaming event only from a fundraising organization that the board approves.

       (7) (i) A lease agreement of gaming devices or premises for a gaming event shall be priced on the basis of fair market value of the equipment or premises.

          (ii) A lease agreement may not include a provision for sharing profit from a gaming event with a lessor or a provision that reasonably may be interpreted to provide for sharing profit from a gaming event.

       (8) A fundraising organization may not conduct more than three gaming events during a calendar quarter.

       (9) (i) A fundraising organization may not conduct a gaming event under a single gaming permit for a period greater than 48 hours.

          (ii) The actual gaming time may not exceed 24 hours in that 48-hour period, which may be divided into not more than two separate gaming periods.

          (iii) Notwithstanding subparagraph (i) of this paragraph, a fundraising organization that conducts a gaming event at the Charles County Fair in conjunction with the Charles County Fair Board may conduct the gaming event under a single gaming permit for more than 48 hours, subject to regulations that the county commissioners adopt on recommendation of the board.

    (b) Report. --

       (1) A fundraising organization that has conducted a gaming event shall submit a report to the board within 30 days after the end of the calendar quarter in which the gaming event was conducted.

       (2) The report shall contain:

          (i) the name of the fundraising organization;

          (ii) the number of the gaming permit;

          (iii) the date of the gaming event;

          (iv) the date, amount, nature, source, and recipient of each receipt and expenditure associated with the gaming event, in the format that the board prescribes;

          (v) a separate list of the date, amount, and recipient of each charitable donation from the proceeds;

          (vi) the name, age, address, and date of membership of each representative who managed, operated, or assisted in the operation or management of a gaming device at the gaming event;

          (vii) a statement that each listed representative qualified as a representative under § 13-1101(i) of this subtitle at the time of the gaming event;

          (viii) a statement that:

             1. an agreement does not exist and has not existed for sharing the proceeds of a gaming event with any other person; and

             2. only the fundraising organization or its representative has received or will receive any proceeds of the gaming event, except to further the purposes of the fundraising organization; and

          (ix) any other information that the board considers necessary or helpful.

       (3) A principal officer of the fundraising organization shall sign and verify the report under the penalties of perjury.

    (c) Record keeping and availability. -- A fundraising organization that conducts a gaming event shall maintain accurate records of each transaction concerning the gaming event, and shall keep the records available for examination by the board and the county commissioners for 3 years after the gaming event.


HISTORY: An. Code 1957, art. 27, § 253A(h)(4)-(6); 2002, ch. 26, § 2.