Maine Revised Statutes Title 17 Sec. 1832 – Licenses
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1. License or registration required. Except as provided in sections 1837?A and 1837?B, a person, firm, corporation, committee, association or organization may not hold, conduct or operate a game of chance without a license issued by or, as applicable, without registering with the Gambling Control Unit in accordance with this section. A license is not required when a game of chance constitutes social gambling. For purposes of this section, “committee” means a party committee, political action committee or ballot question committee registered and required to file reports under Title 21?A, chapter 13.
[PL 2023, c. 391, §1 (AMD).]
Terms Used In Maine Revised Statutes Title 17 Sec. 1832
- Card game: means a game of chance conducted using one or more decks of cards, such as poker, blackjack or cribbage. See Maine Revised Statutes Title 17 Sec. 1831
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Distributor: means a person, firm, corporation, association or organization, other than an Internet raffle operator, that sells, markets or otherwise distributes sealed tickets, gambling apparatus or any other implements of gambling that may be used in the conduct of a game of chance. See Maine Revised Statutes Title 17 Sec. 1831
- Electronic video machine: means a machine, however operated, that has a video screen featuring an electronically simulated game and delivers or entitles the person playing or operating it to receive the privilege of playing the electronic video machine without charge, but does not deliver or entitle the person playing or operating the electronic video machine to receive cash, premiums, merchandise, tickets or something of value other than the privilege of playing the electronic video machine without charge. See Maine Revised Statutes Title 17 Sec. 1831
- fair: means a nonprofit agricultural fair society eligible for a stipend under Title 7, chapter 4. See Maine Revised Statutes Title 17 Sec. 1831
- Game of chance: means a game, contest, scheme or device in which:
A. See Maine Revised Statutes Title 17 Sec. 1831Licensee: means a firm, corporation, association or organization licensed by the Gambling Control Unit to operate a game of chance. See Maine Revised Statutes Title 17 Sec. 1831 Machine: means any machine, including electronic devices, however operated, the internal mechanism or components of which when set in motion or activated and by the application of the element of chance may deliver or entitle the person playing or operating the machine to receive cash, premiums, merchandise, tickets or something of value as defined in subsection 17. See Maine Revised Statutes Title 17 Sec. 1831 Member: means a bona fide member of a firm, corporation, association, organization, department or class or a combination thereof who has been duly admitted as a member according to the laws, rules, regulations, ordinances or bylaws governing membership in the firm, corporation, association, organization, department, class or combination thereof. See Maine Revised Statutes Title 17 Sec. 1831 Net revenue: means gross revenue less allowable expenses as described in section 1838. See Maine Revised Statutes Title 17 Sec. 1831 Raffle: means a game of chance in which:
A. See Maine Revised Statutes Title 17 Sec. 1831Registrant: means a person or organization registered with the Gambling Control Unit to conduct a game of chance, a raffle or certain tournament games, for which a license is not required under this chapter. See Maine Revised Statutes Title 17 Sec. 1831 Social gambling: means a contest of chance in which the only participants are players and from which no person or organization receives or becomes entitled to receive something of value or any profit whatsoever, directly or indirectly, other than as a player, from any source, fee, remuneration connected with gambling or such activity as arrangements or facilitation of the game, permitting the use of premises or selling or supplying for-profit refreshments, food, drink service or entertainment to participants, players or spectators. See Maine Revised Statutes Title 17 Sec. 1831 unit: means the bureau within the Department of Public Safety under Title 25, section 2902, subsection 12 or an authorized representative of the Gambling Control Unit. See Maine Revised Statutes Title 17 Sec. 1831 Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72
2. Eligible organizations; licenses. The Gambling Control Unit may issue a license to operate a card game and certain tournament games to an organization that submits a completed application as described in subsection 5 and has been founded, chartered or organized in this State for a period of not less than 2 consecutive years prior to applying for a license and is:
A. An agricultural society; [PL 2009, c. 487, Pt. A, §2 (NEW).]
B. A bona fide nonprofit charitable, educational, political, civic, recreational, fraternal, patriotic or religious organization; [PL 2009, c. 487, Pt. A, §2 (NEW).]
C. A volunteer fire department; or [PL 2009, c. 487, Pt. A, §2 (NEW).]
D. An auxiliary of any of the organizations in paragraphs A to C. [PL 2009, c. 487, Pt. A, §2 (NEW).]
[PL 2017, c. 284, Pt. KKKKK, §15 (AMD).]
2-A. Registration. The Gambling Control Unit may accept a registration from an eligible organization described in subsection 2 and other persons as specifically provided under section 1835?A, section 1836, subsection 4?B and section 1837?A to conduct games of chance, raffles and charitable cribbage tournaments. An eligible organization or person seeking to register to conduct a game of chance, raffle or charitable cribbage tournament shall register in the manner prescribed by the Gambling Control Unit and shall maintain records and reports in the same manner as described under section 1839, except that disposition of funds reports are not required to be submitted to the Gambling Control Unit but must be maintained in the same manner as other records.
[PL 2017, c. 284, Pt. KKKKK, §15 (NEW).]
2-B. Once-annual game night registration. The Gambling Control Unit may accept a registration from an eligible organization described in subsection 2 or a committee to conduct once in a calendar year a game night, referred to in this section as “a game night,” which may include the operation or conduct of card games and games of chance. The proceeds from the game night must be dedicated to a verifiable charitable purpose, except that, if the registrant is a committee, the proceeds must be for the purpose of fund-raising. An eligible organization or committee seeking to register to conduct a game night under this subsection shall register in the manner prescribed by the Gambling Control Unit and shall maintain records in the same manner as described under section 1839, except that disposition of funds reports for card games allowed under this subsection are not required to be submitted to the Gambling Control Unit but must be maintained in the same manner as other records.
[PL 2023, c. 391, §2 (NEW).]
3. Must be 18 years of age. The Gambling Control Unit may not accept a registration to conduct a game night, a game of chance, a raffle or certain tournament games or accept an application from or issue a license for card games and certain tournament games under this section to a person or representative of an eligible organization or committee who is not 18 years of age or older.
[PL 2023, c. 391, §3 (AMD).]
4. Municipal approval required. An eligible organization described in subsection 2 applying for a license to conduct a card game and tournament games requiring a license or an eligible organization or committee registering to conduct a game night under subsection 2?B shall obtain written approval from the local governing authority where the game or the game night is to be operated or conducted. This written approval must be submitted with the application to the Gambling Control Unit as described in subsection 5.
[PL 2023, c. 391, §4 (AMD).]
5. Application. An eligible organization described in subsection 2 seeking to obtain a license to conduct a card game or certain tournament games requiring a license shall submit an application to the Gambling Control Unit. The application must be in a form provided by the Gambling Control Unit and must be signed by a duly authorized officer of the eligible organization. The application must include the full name and address of the organization, a full description of the card game or tournament game, the location where the card game or tournament game is to be conducted and any other information determined necessary by the Gambling Control Unit for the issuance of a license to operate a card game or certain tournament games, including but not limited to membership lists, bylaws and documentation showing the organization’s nonprofit status or charitable designation.
[PL 2017, c. 284, Pt. KKKKK, §15 (AMD).]
5-A. Once-annual game night application. An eligible organization described in subsection 2 or committee seeking to register to conduct a game night shall submit an application to the Gambling Control Unit. The application must be in a form provided by the Gambling Control Unit and must be signed by a duly authorized officer of the eligible organization or committee. The application must include the full name and address of the eligible organization or committee, a full description of the card games or games of chance to be operated or conducted, the location where the game night is to be conducted and any other information determined necessary by the Gambling Control Unit for the issuance of a registration to conduct a game night, including but not limited to membership lists, bylaws, documentation showing the organization’s nonprofit status or charitable designation, if applicable, documentation showing the committee’s registration under Title 21?A, chapter 13, if applicable, and documentation verifying the purpose of the game night’s proceeds. A game night must be conducted in accordance with section 1835?B. If the game night will be conducted, pursuant to section 1835?B, subsection 2, by employees of a distributor licensed under section 1840, the application must include the full name and address of the licensed distributor and any other information determined necessary by the Gambling Control Unit.
[PL 2023, c. 391, §5 (NEW).]
6. Multiple licenses. The Gambling Control Unit may issue more than one license or registration to conduct or operate a game governed by this chapter simultaneously to an eligible organization described in subsection 2. Each game governed by this chapter must have a separate license, the nature of which must be specified on the license, except that a registration issued under subsection 2?B for a game night may allow for multiple card games and games of chance to be operated or conducted simultaneously by the eligible organization or committee described in subsection 2?B without separate licenses or registrations.
[PL 2023, c. 391, §6 (AMD).]
7. Agricultural fairs. Notwithstanding any provision in this chapter to the contrary, in addition to games of chance, the Gambling Control Unit may accept a registration to conduct or operate games of chance known as “penny falls” or “quarter falls” at any agricultural fair, as long as the net revenue from those games is retained by the registered agricultural society.
[PL 2017, c. 284, Pt. KKKKK, §15 (AMD).]
8. Electronic video machines. The Gambling Control Unit may issue a license to operate an electronic video machine to any eligible organization described in subsection 2.
A. An electronic video machine licensed under this section may only be operated for the exclusive benefit of the licensee, except that up to 50% of the gross proceeds from the operation of the machine may be paid to the distributor as a rental fee and for service and repair of the machine. Notwithstanding other provisions of this chapter, a licensee may rent an electronic video machine from a distributor. [PL 2009, c. 487, Pt. A, §2 (NEW).]
B. No more than 5 electronic video machines may be operated on the licensee’s premises. A separate games of chance license is required for the operation of each electronic video machine. [PL 2009, c. 487, Pt. A, §2 (NEW).]
C. A licensee may operate an electronic video machine only on the licensee’s premises. [PL 2009, c. 487, Pt. A, §2 (NEW).]
D. Two or more licensees may not share the use of any premises for the operation of electronic video machines. [PL 2009, c. 487, Pt. A, §2 (NEW).]
E. A distributor or employee of the distributor may not be a member of the licensed organization. [PL 2009, c. 487, Pt. A, §2 (NEW).]
F. An electronic video machine licensed under this subsection may not be operated in a manner that meets the definition of illegal gambling machine as described in Title 17?A, section 952, subsection 5?A. [PL 2009, c. 487, Pt. A, §2 (NEW).]
[PL 2017, c. 284, Pt. KKKKK, §15 (AMD).]
SECTION HISTORY
PL 2009, c. 487, Pt. A, §2 (NEW). PL 2017, c. 284, Pt. KKKKK, §15 (AMD). PL 2019, c. 129, §1 (AMD). PL 2021, c. 136, §5 (AMD). PL 2023, c. 391, §§1-6 (AMD).