Terms Used In Maine Revised Statutes > Title 8 > Chapter 31 > Subchapter 2 - Licensing and Registration

• Account wagering provider: means a business entity that offers advance deposit wagering on a horse race that is not a commercial track or an off-track betting facility licensed under section 275?D. See Maine Revised Statutes Title 8 Sec. 1001
• Actively piloting: means a person licensed as a pilot by the commission who is engaged in providing pilot services on a regular and ongoing basis within the area for which that person is licensed. See Maine Revised Statutes Title 38 Sec. 85-B
• Advance deposit wagering: means a form of pari-mutuel wagering on horse races in which a person places a wager in person or by telephone, Internet, mobile device or other electronic communication. See Maine Revised Statutes Title 8 Sec. 1001
• Advance deposit wagering licensee: means a person that is licensed by the board pursuant to subchapter 7 to conduct advance deposit wagering. See Maine Revised Statutes Title 8 Sec. 1001
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Applicant: means a person who has submitted an application for a license. See Maine Revised Statutes Title 8 Sec. 1001
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Associated equipment: means any mechanical, electromechanical or electronic component part or machine that is used, or intended for use, in a slot machine or table game and that affects the outcome of the game or that is involved in the handling of money, tokens, credits or similar objects or things of value used to play a slot machine or table game or the calculation of or distribution of payoffs of the slot machine or table game. See Maine Revised Statutes Title 8 Sec. 1001
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• Board: means the Gambling Control Board established under section 1002. See Maine Revised Statutes Title 8 Sec. 1001
• Business organization: means a partnership, incorporated or unincorporated association, firm, corporation, limited liability company, trust or other form of business or legal entity other than a financial institution regulated by a state or federal agency that is not exercising control over a licensee. See Maine Revised Statutes Title 8 Sec. 1001
• Casino: means a facility licensed in accordance with this chapter, where gambling activities occur, including, but not limited to, the operation of slot machines and table games. See Maine Revised Statutes Title 8 Sec. 1001
• Casino operator: means a person who is licensed under this chapter to operate a casino. See Maine Revised Statutes Title 8 Sec. 1001
• Coastal waters: means the jurisdictional area of the commission, which waters are all coastal navigable waters that are contained within, flow through, or border upon the State or any portion thereof, including those portions of the Atlantic Ocean within the jurisdiction of the State, up to state or international boundaries, and including all waters between Isle au Haut and Seal Island westward of a straight line between Western Ear Ledge on Isle au Haut drawn to Eastern Ledge on Seal Island. See Maine Revised Statutes Title 38 Sec. 85-B
• Coastal zones: means the 3 areas of Maine coastal waters relevant to the commission membership, Calais to Schoodic Point, Schoodic Point to Port Clyde, and Port Clyde to Kittery, excepting the port of Portland and Casco Bay. See Maine Revised Statutes Title 38 Sec. 85-B
• Commission: means the Maine Pilotage Commission. See Maine Revised Statutes Title 38 Sec. 85-B
• Commissioner: means the Commissioner of Transportation. See Maine Revised Statutes Title 38 Sec. 85-B
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• Control: means the power to exercise authority over or direct the management or policies of a person. See Maine Revised Statutes Title 8 Sec. 1001
• Conviction: A judgement of guilt against a criminal defendant.
• 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.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the Department of Public Safety. See Maine Revised Statutes Title 8 Sec. 1001
• Department: means the Department of Transportation. See Maine Revised Statutes Title 38 Sec. 85-B
• Director: means the executive director of the board. See Maine Revised Statutes Title 8 Sec. 1001
• Disaster: means the occurrence or imminent threat of widespread or severe damage, injury or loss of life or property resulting from any natural or man-made cause, including, but not limited to, fire, flood, earthquake, wind, storm, wave action, oil spill or other water contamination requiring emergency action to avert danger or damage, epidemic, extreme public health emergency pursuant to Title 22, section 802, subsection 2-A, air contamination, blight, drought, critical material shortage, infestation, explosion, riot or hostile military or paramilitary action. See Maine Revised Statutes Title 37-B Sec. 703
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Distribute: means to sell, lease, license, place or otherwise make available for use in the State or to transport into the State for the purpose of selling, leasing, licensing, placing or otherwise making available for use in the State. See Maine Revised Statutes Title 8 Sec. 1001
• Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}
• Emergency management: means the coordination and implementation of an organized effort to mitigate against, prepare for, respond to and recover from a disaster. See Maine Revised Statutes Title 37-B Sec. 703
• Environmental requirement: means any law or rule administered by the department. See Maine Revised Statutes Title 38 Sec. 349-M
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Fiduciary: A trustee, executor, or administrator.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Fraud: Intentional deception resulting in injury to another.
• Gambling activity: means off-track betting, pari-mutuel wagering at a race track, high-stakes beano, beano, games of chance or slot machine or table game operation. See Maine Revised Statutes Title 8 Sec. 1001
• Gambling facility: means a race track, off-track betting facility, high-stakes beano or beano facility, game of chance facility, slot machine facility or casino. See Maine Revised Statutes Title 8 Sec. 1001
• Gambling services: means any goods or services provided to an operator licensed under this chapter or at a gambling facility that are used directly in connection with the operation of a slot machine or table game, including, but not limited to, associated equipment, maintenance, security services or junket services, and excluding slot machine or table game distribution by a slot machine distributor or table game distributor. See Maine Revised Statutes Title 8 Sec. 1001
• Gambling services vendor: means a person who is licensed under this chapter to provide gambling services. See Maine Revised Statutes Title 8 Sec. 1001
• Grantor: The person who establishes a trust and places property into it.
• Grantor: means the person who conveys a freehold estate or interest in land. See Maine Revised Statutes Title 1 Sec. 72
• High-stakes beano: means the activity authorized in Title 17, section 314?A. See Maine Revised Statutes Title 8 Sec. 1001
• in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Key executive: means any executive of a licensee having power to exercise a significant influence over decisions concerning the operation or distribution of slot machines, table games or gambling services. See Maine Revised Statutes Title 8 Sec. 1001
• lands: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72
• Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• License: means a license issued by the board under this chapter. See Maine Revised Statutes Title 8 Sec. 1001
• Licensee: means a person granted a license under this chapter. See Maine Revised Statutes Title 8 Sec. 1001
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Majority: when used in reference to age shall mean the age of 18 and over. See Maine Revised Statutes Title 1 Sec. 72
• Municipal officers: means the mayor and municipal officers or councilors of a city, the members of the select board or councilors of a town and the assessors of a plantation. See Maine Revised Statutes Title 1 Sec. 72
• Municipal resident: means any person who occupies a dwelling within the municipality for more than 180 days in a calendar year. See Maine Revised Statutes Title 38 Sec. 11
• Municipality: includes cities, towns and plantations, except that "municipality" does not include plantations in Title 10, chapter 110, subchapter IV; or Title 30?A, Part 2. See Maine Revised Statutes Title 1 Sec. 72
• Net slot machine income: means money, tokens, credits or similar objects or things of value used to play a slot machine minus money, credits or prizes paid out to winners and amounts paid pursuant to section 1036, subsection 1. See Maine Revised Statutes Title 8 Sec. 1001
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Operate: means to offer for use. See Maine Revised Statutes Title 8 Sec. 1001
• Oversight: Committee review of the activities of a Federal agency or program.
• Owner: means a person who owns or controls, directly or indirectly, 10% or more of a business organization. See Maine Revised Statutes Title 8 Sec. 1001
• Parcel of land: means the larger of the minimal buildable lot size in the municipality or 20,000 square feet and, in either case, including 100 feet of shoreline frontage. See Maine Revised Statutes Title 38 Sec. 11
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Payback percentage: means the percentage of the total value of money or tokens, credits or similar objects or things of value used to play a slot machine that is returned to players of that slot machine as winnings, prizes or credits. See Maine Revised Statutes Title 8 Sec. 1001
• Person: means an individual or a business organization. See Maine Revised Statutes Title 8 Sec. 1001
• Pilotage areas: means specific areas of the Maine coast where the commission has established licensing requirements. See Maine Revised Statutes Title 38 Sec. 85-B
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. ^Source:
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Quorum: The number of legislators that must be present to do business.
• Real estate: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. ^{Source: FDIC}
• Recovery: means activities that, in the short term, return vital life support systems to minimum operating standards and, in the long term, redevelop a disaster area to preexisting conditions or to conditions that are less disaster prone and activities that assist families and businesses to return to a normal or improved state of being. See Maine Revised Statutes Title 37-B Sec. 703
• Registration: means an approval or board action that authorizes a company to be a holding company of a company that holds or applies for a slot machine operator license, a casino operator license, a slot machine distributor license or a table game distributor license or of other persons required to be licensed under this chapter. See Maine Revised Statutes Title 8 Sec. 1001
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Slot machine: means any mechanical, electrical or electronic device, contrivance or machine or other device, contrivance or machine that is available to play upon insertion of money or a token, credit or similar object or thing of value, the play of which by the element of chance may deliver or entitle the person playing the device, contrivance or machine to receive cash, tokens or credits to be exchanged for cash, merchandise or anything of value, whether the payoff is made automatically from the device, contrivance or machine or in any other manner, and includes progressive electronic gaming devices with a payoff that increases as the electronic gaming device is played. See Maine Revised Statutes Title 8 Sec. 1001
• Slot machine distributor: means a person who is licensed under this chapter to distribute slot machines and associated equipment for use in the State. See Maine Revised Statutes Title 8 Sec. 1001
• Slot machine facility: means a facility, not including a casino, at which a slot machine operator operates slot machines. See Maine Revised Statutes Title 8 Sec. 1001
• Slot machine operator: means a person, not including a casino operator, who is licensed under this chapter to operate slot machines and associated equipment in the State. See Maine Revised Statutes Title 8 Sec. 1001
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Subsidiary: means any corporation or company, all or any part of whose outstanding equity securities are owned, subject to a power or right of control, or held, with power to vote, by a holding company or intermediary company. See Maine Revised Statutes Title 8 Sec. 1001
• Table game: means a card game, dice game or other game of chance, including, but not limited to, blackjack, poker, dice, craps, roulette, baccarat, money wheels, wheel of fortune or an electronic table game located in a casino. See Maine Revised Statutes Title 8 Sec. 1001
• Table game distributor: means a person who is licensed under this chapter to distribute table games and associated equipment for use in the State. See Maine Revised Statutes Title 8 Sec. 1001
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Town: includes cities and plantations, unless otherwise expressed or implied. See Maine Revised Statutes Title 1 Sec. 72
• United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72
• Watercraft: means any type of vessel, boat, barge, float or craft used or capable of being used as a means of transportation on water other than a seaplane. See Maine Revised Statutes Title 38 Sec. 11
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.
• Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72