§ 13-1703
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/md/criminal-law/13-1703A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§13–1703.
(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.
(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.
(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.
(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.
(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.
(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.