(a) Except as otherwise provided in subsection (b) of this section, a manufacturer or distributor shall not distribute a gaming device unless the gaming device has:
- (1) A permanent serial number which must be affixed as required by the provisions of the Gambling Device Act of 1962, 15 U.S.C. § 1173; and
(2) For devices distributed in this state:
- (A) A permanent serial number which must be the same number as given the device pursuant to the provisions of the Gambling Device Act of 1962, 15 U.S.C. § 1173, permanently stamped or engraved in lettering no smaller than five millimeters (5 mm) on the metal frame or other permanent component of the device and on a removable metal plate attached to the cabinet of the device; and
- (B) The Arkansas Racing Commission approval number or, if the device has been modified since initial approval of the device, the modification approval number affixed on all program storage media placed in the device.
(b) The commission may, in the commission’s sole and absolute discretion, waive the requirements of subsection (a) of this section if:
- (1) The device was manufactured prior to January 1, 1962, and the manufacturer or distributor permanently stamps or engraves in lettering no smaller than five millimeters (5 mm) a distributor’s identification code assigned by the commission and a seriatim number on the metal frame or other permanent component of each device covered by this subsection; and
- (2) The program storage media in subdivision (a)(2) of this section can be altered through a means that does not require removal from the device or if the size of such media does not permit it.
(c) Each manufacturer or distributor shall:
- (1) Keep records of the date of each distribution, the serial numbers of the devices, the commission approval number, or if the device has been modified since initial approval of the device, the modification approval number, and the name, addresses, and telephone numbers of the person to whom the gaming devices have been distributed for use or play in Arkansas; and
- (2) Provide such records to the commission immediately upon the commission’s request.
(d)
- (1) For all gaming devices distributed from a location within Arkansas that are not for use or play in Arkansas, a manufacturer or distributor shall provide any and all records documenting such distributions to the commission upon request.
- (2) Such records shall include the information required under the Gambling Device Act of 1962, 15 U.S.C. § 1173, and shall be retained for a period of five (5) years.
Codification Notes: The Gambling Devices Act of 1962 is codified at 15 U.S.C. § 1171 et seq.