Section 12-304 - Exception - Eligible organization in specified counties.
§ 12-304. Exception - Eligible organization in specified counties.
(a) "Eligible organization" defined.- In this section, "eligible organization" means:
(1) a nonprofit organization that:
(i) has been located in a county listed in subsection (b) of this section for at least 5 years before the organization applies for a license under subsection (e) of this section; and
(ii) is a bona fide:
1. fraternal organization;
2. religious organization; or
3. war veterans' organization; or
(2) a nonprofit organization that has been affiliated with a national fraternal organization for less than 5 years and has been located in a county listed in subsection (b) of this section for at least 50 years before the nonprofit organization applies for a license under subsection (e) of this section.
(b) Scope of section.- This section applies in:
(1) Caroline County;
(2) Cecil County;
(3) Dorchester County;
(4) Kent County;
(5) Queen Anne's County;
(6) Somerset County;
(7) Talbot County; and
(8) Wicomico County.
(c) Ownership and operation by eligible organization allowed.-
(1) In this subsection, a console or set of affixed slot machines is not an individual slot machine.
(2) Notwithstanding any other provision of this subtitle, an eligible organization may own and operate a slot machine if the eligible organization:
(i) obtains a license under subsection (e) of this section for each slot machine;
(ii) owns each slot machine that the eligible organization operates;
(iii) owns not more than five slot machines;
(iv) locates and operates its slot machines at its principal meeting hall in the county in which the eligible organization is located;
(v) does not locate or operate its slot machines in a private commercial facility;
(vi) uses:
1. at least one-half of the proceeds from its slot machines for the benefit of a charity; and
2. the remainder of the proceeds from its slot machines to further the purposes of the eligible organization;
(vii) does not use any of the proceeds of the slot machine for the financial benefit of an individual; and
(viii) reports annually under affidavit to the State Comptroller:
1. the income of each slot machine; and
2. the disposition of the income from each slot machine.
(d) Requirements for eligible use and operation.- An eligible organization may not use or operate a slot machine unless:
(1) the slot machine is equipped with a tamperproof meter or counter that accurately records gross receipts; and
(2) the eligible organization keeps an accurate record of the gross receipts and payoffs of the slot machine.
(e) License required.-
(1) Before an eligible organization may operate a slot machine under this section, the eligible organization shall obtain a license for the slot machine from the sheriff of the county in which the eligible organization plans to locate the slot machine.
(2) (i) The county shall:
1. charge an annual fee of $50 for each license for a machine; and
2. issue a license sticker to the applicant.
(ii) The applicant shall place the sticker on the slot machine.
(iii) The proceeds of the annual fee shall be transferred to the general fund of the county.
(3) In the application to the sheriff for a license, one of the principal officers of the eligible organization shall certify under affidavit that the organization:
(i) is an eligible organization; and
(ii) will comply with this section.
(f) Misrepresentation - Penalty.-
(1) A principal officer of the eligible organization may not intentionally misrepresent a statement of fact on the application.
(2) A person who violates this subsection is guilty of perjury and on conviction is subject to the penalty provided under Title 9, Subtitle 1 of this article.
[An. Code 1957, art. 27, § 264B VI; 2002, ch. 26, § 2; 2003, ch. 21, § 1; 2007, ch. 645.]