In this subtitle the following words have the meanings indicated. “Candidate” has the meaning stated in § 1-101 of the Election Law Article. “Credit” means payment by a credit card or promissory note. “Credit” includes selling or pledging personal property in exchange for cash or tokens. “Gaming device” means: a gaming table, except a billiard table, at which a game of chance is played for money or any other thing or consideration of value; or a game or device at which money or any other thing or consideration of value is bet, wagered, or gambled. “Gaming device” includes a paddle wheel, wheel of fortune, chance book, and bingo. “Gaming event” means: a bingo game; a carnival; a bazaar; a raffle; a benefit performance; or any other event at which a gaming device is operated. “Organization” includes: a fraternal, religious, civic, patriotic, educational, or charitable organization; a volunteer fire company, rescue squad, or auxiliary unit; a veterans’ organization or club; a bona fide nonprofit organization that is raising money for an exclusively charitable, athletic, or educational purpose; or any organization that is authorized to conduct a gaming event under Subtitle 1 or 2 of this title or Title 13 of this article. “Political committee” has the meaning stated in § 1-101 of the Election Law Article. “Token” means a poker chip, bingo chip, or other device commonly used instead of money in the playing of a gaming device.

A person may not: make or sell a book or pool on the result of a race, contest, or contingency; establish, keep, rent, use, or occupy, or knowingly allow to be established, kept, rented, used, or occupied, all or a part of a building, vessel, or place, on land or water, within the State, for the purpose of: betting, wagering, or gambling; or making, selling, or buying books or pools on the result of a race, contest, or contingency; or receive, become the depository of, record, register, or forward, or propose, agree, or pretend to forward, money or any other thing or consideration of value, to be bet, wagered, or gambled on the result of a race, contest, or contingency. A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 6 months or a fine not exceeding $5,000 or both. The provisions of this subsection apply only in Baltimore City. A person who violates this section may be charged by a citation. A citation for a violation of this section may be issued to a person by a police officer authorized to make arrests in Baltimore City if there is probable cause to believe that the person is committing or has committed a violation of this section. A citation issued under this subsection shall contain: the name and address of the person charged; the statute allegedly violated; the location, date, and time that the violation occurred; the fine or term of imprisonment that may be imposed; a notice stating that prepayment of a fine is not allowed; a notice that the court shall promptly send the person charged a summons to appear for trial; and the signature of the police officer issuing the citation. The police officer who issued the citation shall forward to the appropriate court a copy of the citation. The court shall promptly schedule the case for trial and summon the defendant to appear. Willful failure of the defendant to respond to the summons is contempt of court.

For money or any other thing or consideration of value, a person may not: bet, wager, or gamble; or play any other gaming device or fraudulent trick. A violation of this section is a civil offense punishable by a fine not exceeding: $500, if the violation involves money or any other thing or consideration of value not exceeding $100; or $1,000, if the violation involves money or any other thing or consideration of value that exceeds $100. Adjudication of a violation under this section: is not a criminal conviction for any purpose; and does not impose any of the civil disabilities that may result from a criminal conviction. A citation for a violation of this section may be issued to a person by a police officer authorized to make arrests if there is probable cause to believe that the person is committing or has committed a violation of this section. A citation issued under this subsection shall contain: the name, address, and date of birth of the person charged; the statute allegedly violated; the date and time that the violation occurred; the location at which the violation occurred; the fine that may be imposed; a notice stating that prepayment of the fine is allowed; a notice in boldface type that states that the person shall: pay the full amount of the preset fine; or request a trial date at the date, time, and place established by the District Court by writ or trial notice; and the signature of the police officer issuing the citation. The form of the citation shall be uniform throughout the State and shall be prescribed by the District Court. The Chief Judge of the District Court shall establish a schedule for the prepayment of a fine. Prepayment of a fine shall be considered a plea of guilty to a Code violation. The issuing jurisdiction shall forward a copy of the citation and a request for trial to the District Court in the district having venue. A person may request a trial by sending a request for trial to the District Court in the jurisdiction where the citation was issued within 30 days after the issuance of the citation. If a person does not request a trial or prepay the fine within 30 days after the issuance of the citation, the District Court may impose the maximum fine and costs against the person and find the person guilty of a Code violation for the purposes of this section. The defendant is liable for the costs of the proceedings in the District Court. The court costs in a Code violation case under this section in which costs are imposed are $5. In any proceeding for a Code violation under this section: the State has the burden to prove the guilt of the defendant by a preponderance of the evidence; the court shall apply the evidentiary standards as prescribed by law or rule for the trial of a criminal case; the court shall ensure that the defendant has received a copy of the charges against the defendant and that the defendant understands those charges; the defendant is entitled to cross–examine all witnesses who appear against the defendant, to produce evidence or witnesses on behalf of the defendant, and to testify on the defendant’s own behalf, if the defendant chooses to do so; the defendant is entitled to be represented by counsel of the defendant’s choice and at the expense of the defendant; and the defendant may enter a plea of guilty or not guilty, and the verdict of the court in the case shall be: guilty of a Code violation; not guilty of a Code violation; or probation before judgment, imposed by the court in the same manner and to the same extent as is allowed by law in the trial of a criminal case. The State’s Attorney for any county may prosecute a Code violation under this section in the same manner as prosecution of a violation of the criminal laws of the State. In a Code violation case under this section, the State’s Attorney may: enter a nolle prosequi or move to place the case on the stet docket; and exercise authority in the same manner as prescribed by law for violation of the criminal laws of the State. A person issued a citation for a violation of this section who is under the age of 18 years shall be subject to the procedures and dispositions provided in Title 3, Subtitle 8A of the Courts Article.

A person may not: keep a gaming device, or all or a part of a building, vessel, or place, on land or water within the State for the purpose of gambling; own, rent, or occupy all or a part of a building, vessel, or place and knowingly allow a gaming device to be kept in the building, vessel, or place; lease or rent all or a part of a building, vessel, or place to be used for the purpose of gambling; deal at a gaming device or in a building, vessel, or place for gambling; manage a gaming device or a building, vessel, or place for gambling; or have an interest in a gaming device or the profits of a gaming device. A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment for not less than 6 months and not exceeding 1 year or a fine not exceeding $500 or both.

This section: applies notwithstanding the issuance of a license or permit through or by a county, municipal corporation, or other political subdivision of the State; and does not authorize an act that is otherwise prohibited by law. A person may not bet, wager, or gamble or keep, conduct, maintain, or operate a gaming device on: a vessel or a part of a vessel on water within the State, except as provided in § 6-209 of the Transportation Article; or all or a part of a building or other structure that is built on or over water within the State, if the building or other structure cannot be entered from the shore of the State by a person on foot. To conduct, maintain, or operate a gaming device, a person may not establish, keep, rent, use, or occupy, or knowingly allow to be established, kept, rented, used, or occupied: a vessel on water within the State; or a building or other structure that is built on or over water within the State, if the building or other structure cannot be entered from the shore of the State by a person on foot. A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine of not less than $200 and not exceeding $1,000 or both for each violation.

Notwithstanding any other provision of this subtitle, Subtitle 2 of this title, or Title 13 of this article and except as otherwise provided in this subsection, a bona fide charitable organization in this State may conduct a raffle for the exclusive benefit of the charitable organization if the prize awarded is real property: to which the charitable organization holds title; or for which the charitable organization has the ability to convey title. A charitable organization may not conduct more than two raffles of real property in a calendar year. The Secretary of State may adopt regulations governing a raffle of real property by a charitable organization under this subsection. Notwithstanding any other provision of this article and except as otherwise provided in this subsection, a political committee or candidate for public office may conduct a raffle if the prizes awarded are money or merchandise. The cost of a raffle ticket under this subsection may not exceed $5. An individual may not purchase more than $50 worth of tickets. This subsection does not relieve a political committee or candidate from the reporting and record keeping requirements under the Election Law Article. Notwithstanding any other provision of this article, a depository institution, as defined in § 1–211 of the Financial Institutions Article, may conduct a savings promotion raffle under § 1–211 of the Financial Institutions Article.

The prohibition in subsection (b) of this section applies notwithstanding a license or permit granted through or by a county, municipal corporation, or other political subdivision of this State. This section does not apply to: pari-mutuel betting conducted under the Maryland Horse Racing Act; bingo, carnivals, raffles, bazaars, or similar games of entertainment; or mechanical or electrical devices, commonly known as slot machines, that are authorized in the State and that require the insertion of a coin or token. A person may not conduct or operate with pari-mutuel betting, or with any similar form of betting, wagering, or gambling: the game, contest, or event commonly known as “jai alai”; or any other game, contest, or event. A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine of not less than $200 and not exceeding $1,000 for each violation.

An organization that operates a gaming event authorized under this subtitle, Subtitle 2 of this title, or Title 13 of this article may not accept credit from a person to allow that person to play a gaming device at the gaming event. Subsection (a) of this section does not prohibit an organization from accepting a token instead of money from a person who has paid the organization money for the use of the token. An organization that violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or loss of privileges to conduct a gaming event not exceeding 60 days or both.

A person may not willfully, knowingly, and unlawfully cause or attempt to cause the prearrangement or predetermination of the results of a horse race. A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.

A person who loses money at a gaming device that is prohibited by this subtitle, Subtitle 2 of this title, or Title 13 of this article: may recover the money as if it were a common debt; and is a competent witness to prove the loss. Notwithstanding subsection (a) of this section, a person may not recover money or any other thing that the person won by betting at a gaming device prohibited by this subtitle, Subtitle 2 of this title, or Title 13 of this article.

If a law enforcement officer has a reason to suspect a gaming device is kept unlawfully at a place, the law enforcement officer shall: visit the place; and charge all persons who violate a law that prohibits gambling.

An indictment for violating the prohibition against gaming is sufficient if it states that the defendant kept a gaming device. The indictment need not state the particular kind of gaming or gaming device involved in the alleged violation. A defendant, on timely request, may obtain a bill of particulars.

The Office of the Attorney General, the State Lottery and Gaming Control Commission, the Department of State Police, local law enforcement units, and the court shall construe liberally this title relating to gambling and betting to prevent the activities prohibited. A decision by the State Lottery and Gaming Control Commission shall be the final determination as to whether a gaming device being operated in the State is: a legal gaming device or device consistent with the provisions of this article; and being operated in a lawful manner under this article. If a local law enforcement unit fails to promptly enforce a final determination made under subsection (b) of this section, the State Lottery and Gaming Control Commission shall refer the matter to the Department of State Police for enforcement of the law.

In this section, “eSports competition” means a competition involving video games, including first–person shooters, real–time strategy games, and multiplayer online battle arenas in which: players compete against each other; and the dominant element determining the results is the relative skill of the players. An organization conducting an eSports competition may offer prize money or merchandise to winning participants in the eSports competition. The Comptroller may adopt regulations to carry out this section.