<?xml version='1.0' encoding='utf-8'?>
<unit kind="division" number="2" name="Gambling" slug="division-2" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_14MOCO_DIV2GA">
  <section number="14-107" name="Lotteries prohibited" law="code" slug="sec-14-107" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_14MOCO_DIV2GA_S14-107LOPR">
    <text>If any person shall within Montgomery or Prince George's Counties keep, set up, or promote, or be concerned as owner, agent, or clerk, or in any other manner, in managing, carrying on, promoting, or advertising, directly or indirectly, any policy lottery, policy shop, or any lottery, or shall sell or transfer any chance, right, or interest, tangible or intangible, in any policy lottery, or any lottery or shall sell or transfer any ticket, certificate, bill, token or other device, purporting or intended to guarantee or assure to any person or entitle him to a chance of drawing or obtaining a prize, to be drawn in any lottery, or in a game or device commonly known as policy lottery or policy or shall, for himself or another person, sell or transfer, or have in his possession for the purpose of sale or transfer, a chance or ticket in or share of a ticket in any lottery or any such bill, certificate, token or other device, he shall be fined upon conviction of each said offense not more than One Thousand Dollars ($1,000.00) or be imprisoned not more than three (3) years or both. The possession of any copy or record of any such chance, right, or interest, or of any such ticket, certificate, bill, token, or other device shall be prima facie evidence that the possessor of such copy or record did, at the time and place of such possession, keep, set up, or promote, or was at such time and place concerned as owner, agent, or clerk, or otherwise in managing, carrying on, promoting, or advertising a policy lottery, policy shop, or lottery.</text>
  </section>
  <section number="14-108" name="Possession of lottery equipment prohibited; penalty" law="code" slug="sec-14-108" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_14MOCO_DIV2GA_S14-108POLOEQPRPE">
    <level label="a">
      <text>No person shall have in his possession, knowingly, any ticket, certificate, bill, slip, token, paper, writing, or other device used, or to be used, or adapted, devised, or designed for the purpose of playing, carrying on, or conducting any lottery, or the game or device commonly known as policy lottery or policy.</text>
    </level>
    <level label="b">
      <text>Upon conviction for violation of Subsection (a) above, he shall be fined for each offense not more than Five Hundred Dollars ($500.00) or be imprisoned for not more than six (6) months or both.</text>
    </level>
  </section>
  <section number="14-109" name="&quot;One-armed bandits&quot; prohibited; penalty" law="code" slug="sec-14-109" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_14MOCO_DIV2GA_S14-109OMEBAPRPE">
    <level label="a">
      <text>No person shall have or possess, at any place of business or other place open to the public generally, or at any club, any upright side lever operated slot machine commonly called the "one-armed bandit," mechanical or electrical amusement devices.</text>
    </level>
    <level label="b">
      <text>This Section shall not apply to claw machines and pinball machines as restricted in Section 14-111, which require the insertion of a coin or token for their operation and which offer an award other than free plays to the player, based in whole or in part, upon chance or skill.</text>
    </level>
    <level label="c">
      <text>Any person violating the provisions of this Section shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be subject to a fine of not more than One Hundred Dollars ($100.00) for each such machine or device so had or possessed and, in addition, each such machine or device shall be confiscated and destroyed.</text>
    </level>
  </section>
  <section number="14-110" name="Coin-operated devices prohibited" law="code" slug="sec-14-110" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_14MOCO_DIV2GA_S14-110COERDEPR">
    <level label="a">
      <text>No person at any place of business or other place open to the public generally or at any club shall keep, maintain, set up, have, possess, operate or manage, any mechanical or electrical coin-operated device or machine, which is operated by means of the insertion of a coin, token, or similar object, or any mechanical or electrical device or machine which is operated without the insertion of a coin, token or similar object, whether the same be commonly known as a "pinball machine" or "console machine" or any other machine requiring or not requiring the insertion of a coin, token or similar object for its operation, and which, based in whole or in part upon chance or skill, entitles the person playing or operating such device or machine to receive cash, a premium, merchandise or tokens or offers an award other than free plays to the player, or by reason of the obtaining of certain scores or combinations of numbers from the operation thereof there is paid or given to the player any cash, a premium, merchandise, token or award.</text>
    </level>
    <level label="b">
      <text>No person, at any place of business or other place open to the public generally or at any club, shall have an interest in or be concerned as owner, lessor, lessee, licensor, licensee, principal, agent, collector, clerk or in any other manner, directly or indirectly, in keeping, maintaining, setting up, having, possessing, operating or managing, any mechanical or electrical coin-operated device or machine, which is operated by means of the insertion of a coin, token or similar object, or any mechanical or electrical device or machine which is operated without the insertion of a coin, token or similar object, whether the same be commonly known as a "pinball machine" or "console machine" or any other machine requiring or not requiring the insertion of a coin, token or similar object for its operation, and which, based in whole or in part upon chance or skill entitles the person playing or operating such device or machine to receive cash, a premium, merchandise or tokens or offers an award other than free plays to the player, or by reason of the obtaining of certain scores or combinations of numbers from the operation thereof there is paid or given to the player any cash, a premium, merchandise, token or award.</text>
    </level>
    <level label="c">
      <text>No person shall knowingly permit to be kept, maintained, set up, possessed, operated or managed in any place of business or other place open to the public generally or at any club, or in any part of any such place or club, owned or occupied by him, or of which he is a tenant, any mechanical or electrical coin-operated device or machine, which is operated by means of the insertion of a coin, token or similar object, or any mechanical or electrical device or machine which is operated without the insertion of a coin, token or similar object, whether the same be commonly known as a "pinball machine" or "console machine" or any other machine requiring, or not requiring the insertion of a coin, token or similar object for its operation, and which, based in whole or in part upon chance or skill, entitles the person playing or operating such device or machine to receive cash, a premium, merchandise or tokens or offers an award other than free plays to the player, or by reason of the obtaining of certain scores or combinations of numbers from the operation thereof there is paid or given to the player any cash, premium, merchandise, token or award.</text>
    </level>
    <level label="d">
      <text>No person, at any place of business or other place open to the public generally or at any club, shall pay or give any cash, a premium, merchandise, token, payoff, or award other than free plays, to a person playing or operating any mechanical or electrical coin-operated device or machine, which is operated by means of the insertion of a coin, token or similar object, or any mechanical or electrical device or machine which is operated without the insertion of a coin, token or similar object, whether the same be commonly known as a "pinball machine" or "console machine" or any other machine requiring or not requiring the insertion of a coin, token or similar object for its operation, and which payment or gift is, based in whole or in part upon chance or skill, by reason of the obtaining of certain scores or combinations of numbers from the operation of such device or machine.</text>
    </level>
  </section>
  <section number="14-111" name="Exceptions to coin-operated device prohibition" law="code" slug="sec-14-111" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_14MOCO_DIV2GA_S14-111EXCOERDEPR">
    <level label="a">
      <text>The provisions of Section 14-110, with respect to prima facie evidence of a violation of Section 14-110, shall not apply to:</text>
      <level label="1">
        <text>Music machines operated by means of the insertion of a coin, token or similar object;</text>
      </level>
      <level label="2">
        <text>"Claw Machines" operated by insertion of a coin where the only item dispensed is merchandise, and not cash or token, by virtue of the skill of the operator in engaging an article of merchandise through operation of devices or controls; and,</text>
      </level>
      <level label="3">
        <text>Bona fide vending machines, in which are not incorporated gaming or amusement features, where the only item dispensed is merchandise, and not cash or tokens, equivalent in value to the coin inserted for operation of such machine.</text>
      </level>
    </level>
  </section>
  <section number="14-112" name="Payment of Federal tax" law="code" slug="sec-14-112" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_14MOCO_DIV2GA_S14-112PAFETA">
    <text>For the purposes of Section 14-110 and prosecution for violation thereof, payment of the Federal tax specified in Sections 4461, 4462 and 4463 of the United States Internal Revenue Code of 1954, as amended, for any such mechanical or electrical coin, or otherwise operated device or machine shall constitute prima facie evidence of a violation of the provisions of Section 14-110 by the person so paying such tax or in whose possession or under whose charge such device or machine is found, maintained, operated or managed, when satisfactory proof has been made to the court or jury as the case may be.</text>
  </section>
  <section number="14-113" name="Premises used for prohibited devices" law="code" slug="sec-14-113" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_14MOCO_DIV2GA_S14-113PRUSPRDE">
    <level label="a">
      <text>If any person convicted of a violation of Section 14-110 is the owner or tenant of the building, place or club in which such violation occurred, the Circuit Court on petition of the State's Attorney for the County setting forth the facts supported by a certified copy of the record of such conviction, may after issuance of process or such notice as the Court may prescribe and hearing, preliminary or final as in equity without a jury, pass an order or decree directing such owner or tenant, his agents, servants and employees, and all persons claiming under him, to close and cease the use of such building or place or club, or the portion thereof under the control of such tenant if his right to possession is less than the right to use all of such premises, for business purposes or public use for such period of time as may be specified by the Court.</text>
    </level>
    <level label="b">
      <text>The order shall direct that for such specified time such building or place or club, or the portion thereof under the control of such tenant if his right to possession is less than the right to use all of such premises, shall be closed and not used for business purposes or public use. The Court is empowered to enforce and implement such order or decree by injunctive process or contempt proceedings, as may be requisite.</text>
    </level>
  </section>
  <section number="14-114" name="Penalty; seizure of devices" law="code" slug="sec-14-114" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_14MOCO_DIV2GA_S14-114PESEDE">
    <level label="a">
      <text>Any person violating the provisions of Section 14-110, shall be deemed to be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine not exceeding Five Hundred Dollars ($500.00) for each such violation, or imprisonment in jail for a period not more than six (6) months, or both such fine and imprisonment.</text>
    </level>
    <level label="b">
      <text>In addition to Subsection (a), any mechanical or electrical device or machine as described in Section 14-110, shall be seized, together with the money, coins, tokens or similar objects in or on such machine. Upon conviction of any person for a violation of the provisions of Section 14-110 in relation to such device or machine, the device or machine and such money, coins, tokens or objects shall be confiscated and forfeited to the County. Such device or machine shall be destroyed and the money or coins paid over to the Director of Finance for deposit as miscellaneous general funds of the County.</text>
    </level>
  </section>
  <section number="14-115" name="Devices requiring Federal tax payment" law="code" slug="sec-14-115" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_14MOCO_DIV2GA_S14-115DEREFETAPA">
    <text>No person shall keep, maintain or operate directly or indirectly, any device or machine for which payment of the Federal Tax specified in Sections 4461(A)(2) and 4462(A)(2) of the United States Internal Revenue Code of 1954 as amended is required.</text>
  </section>
  <section number="14-116" name="Confiscation and disposition of seized devices" law="code" slug="sec-14-116" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_14MOCO_DIV2GA_S14-116CODISEDE">
    <text>Any mechanical or electrical device referred to in Section 14-109 or 14-110, operated, maintained, possessed in violation of the provisions of Section 14-109 or 14-110 shall be seized, together with the money, coins, tokens or similar objects in or on such machine. Upon conviction of any person for a violation of the provisions of Section 14-109 or 14-110 in relation to such device or machine, the device or machine and such money, coins, tokens or objects shall be confiscated and forfeited to the County. Such device or machine shall be destroyed and the money or coins shall be paid over to the Director of Finance for deposit as miscellaneous general funds of the County.</text>
  </section>
  <section number="14-117" name="Penalty" law="code" slug="sec-14-117" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_14MOCO_DIV2GA_S14-117PE">
    <text>Violation of the provisions of Sections 14-109 or 14-110 is a misdemeanor, and is punishable, upon conviction, by fine not to exceed One Thousand Dollars ($1,000.00) or by imprisonment, not to exceed one (1) year, or by both fine and imprisonment, for each violation.</text>
  </section>
</unit>
