1. (a) For purposes of this section, a game of instant bingo conducted under a Class NG beach license is considered to be bingo.
2. (b) Before a person may conduct bingo in the county, the person shall obtain a license from the county commissioners.
3. (c) Notwithstanding any other provision of this article, a person who complies with this section may conduct bingo in the county.

4. (d)

   1. (1)

      1. (i) The county commissioners may not issue a license unless the application was filed at least 30 days before the date of issuance.

      2. (ii) An applicant for a license shall:

         1. 1. file an application on a form that the county commissioners provide; and
         2. 2. sign the application under oath.

      3. (iii) The application shall include:

         1. 1. the name of the applicant;
         2. 2. the address of the applicant;
         3. 3. any trade name of the applicant;
         4. 4. if the applicant is a partnership, the name and address of each partner;
         5. 5. if the applicant is a corporation, the name and address of each officer of the corporation;
         6. 6. if a resident agent is required under paragraph (3) of this subsection, the name and address of the applicant's resident agent;
         7. 7. the name and address of any person having a financial interest in the operation of the proposed bingo; and

         8. 8. the signatures of all of the individuals listed in items 1 through 7 of this subparagraph indicating consent to individual liability for any unlawful operation of licensed bingo.

            (iv)1. The county commissioners may refuse to issue a license based on the facts disclosed on an application.

         9. 2. Subparagraph (i) of this paragraph does not require the county commissioners to investigate an applicant's statements on the application before issuing a license.

   2. (2) Each applicant for a license shall present evidence to the county commissioners that the applicant has obtained a public liability insurance policy that:

      1. (i) covers the period covered by the proposed license;

      2. (ii) provides coverage for personal injury to:

         1. 1. any bingo patron in an amount not less than $100,000; and
         2. 2. more than one bingo patron in an amount not less than $500,000.

   3. (3)

      1. (i) Each nonresident applicant for a license shall designate a resident agent.

      2. (ii) A resident agent must be:

         1. 1. a voter in the county;
         2. 2. a taxpayer of the county; and
         3. 3. an owner of property in the county assessed at not less than $25,000.

5. (e)

   1. (1) The county commissioners may issue the following licenses:

      1. (i) a Class NA license, for bingo that does not exceed a seating or player capacity of 750 individuals;
      2. (ii) a Class NB license, for bingo that does not exceed a seating or player capacity of 500 individuals;
      3. (iii) a Class NC license, for bingo that does not exceed a seating or player capacity of 1,000 individuals;

      4. (iv) a Class ND beach license, for bingo that:

         1. 1. does not exceed a seating or player capacity of 500 individuals;
         2. 2. may be operated within the town limits of North Beach or Chesapeake Beach; and
         3. 3. may be operated between May 1 and September 30;

      5. (v) a Class NE beach license, for bingo that:

         1. 1. does not exceed a seating or player capacity of 1,000 individuals;
         2. 2. may be operated within the town limits of North Beach or Chesapeake Beach; and
         3. 3. may be operated between May 1 and September 30;

      6. (vi) a Class NF beach license, for bingo that:

         1. 1. does not exceed a seating or player capacity of 500 individuals;
         2. 2. may be operated within the town limits of North Beach or Chesapeake Beach; and
         3. 3. may be operated throughout the year; or

      7. (vii) a Class NG beach license, for bingo that:

         1. 1. does not have a limitation on seating or player capacity;
         2. 2. may be operated within the town limits of North Beach or Chesapeake Beach; and
         3. 3. may be operated throughout the year.

   2. (2) The county commissioners shall:

      1. (i) retain a copy of each license issued;
      2. (ii) issue a copy of the license to the license holder; and
      3. (iii) forward a copy of the license to the State Comptroller.
   3. (3) A license is not transferable.

6. (f) The county commissioners shall assess the following annual license fees:

   1. (1) $3,500 for a Class NA license;
   2. (2) $3,000 for a Class NB license;
   3. (3) $4,000 for a Class NC license;
   4. (4) $500 for a Class ND beach license;
   5. (5) $1,000 for a Class NE beach license;
   6. (6) $3,000 for a Class NF beach license; and
   7. (7) $5,000 for a Class NG beach license.

7. (g)

   1. (1) The county commissioners may not issue a license if the conduct of bingo would:

      1. (i) unduly disturb the peace of the neighborhood in which the applicant proposes to conduct bingo;
      2. (ii) create a nuisance; or
      3. (iii) be detrimental to the health or welfare of the community.

   2. (2)

      1. (i) The county commissioners may not issue a license to conduct bingo in a building that is not permanent and covered by a roof.
      2. (ii) This paragraph does not apply to a person who is not required to obtain a license to conduct bingo.

   3. (3)

      1. (i) The following licenses may not allow the conduct of bingo on Sunday:

         1. 1. a Class NA license;
         2. 2. a Class NB license; or
         3. 3. a Class NC license.

      2. (ii) The following licenses may not allow the conduct of bingo before 1 p.m. on Sunday:

         1. 1. a Class ND beach license;
         2. 2. a Class NE beach license; or
         3. 3. a Class NF beach license.
      3. (iii) A Class NG beach license may not allow the conduct of bingo between 2 a.m. and 1 p.m. on Sunday.

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 259A.