Md. Code Ann., Crim. Law § 13-1703
Gaming--Eligible organizations
Effective Oct 1, 2014Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2014, c. 573, § 1, eff. Oct. 1, 2014.State of Maryland
(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.
- (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.
(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.
(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.
(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.
(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.
(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.
- (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.
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.