In this subtitle, “county commissioners” means the Board of County Commissioners of Worcester County.

This subtitle applies only in Worcester County.

In this part, “Department” means the Worcester County Department of Development Review and Permitting.

The following organizations may conduct bingo in accordance with this part: a bona fide religious organization that has conducted religious services at a fixed location in the county for at least 6 years before applying for a license under this part; a municipal corporation in the county; a volunteer fire company in the county; a local unit of a nationwide bona fide nonprofit organization or club that consists solely of members who served in the armed forces of the United States; or a nonprofit organization that: intends to raise money for an exclusively charitable or educational purpose that is specifically described in the license application filed with the Department; and has operated as a nonprofit organization in the county for at least 5 years before applying for a license under this part.

The Department may adopt reasonable regulations to administer and enforce this part. A copy of the regulations adopted by the Department shall be made available at a reasonable cost.

The Department shall exercise control and supervision over all games of bingo to ensure that the games are conducted fairly in accordance with the provisions of the licenses issued under § 13–2609 of this subtitle, the regulations adopted by the Department, and this part. The Department shall prevent bingo from being conducted for a commercial purpose, for private profit, or in any manner other than as provided in this part. For purposes of inspection, the Department and its inspectors may enter at any time any place where: bingo is being or will be conducted; or any equipment that is being or will be used to conduct bingo is located.

An organization or municipal corporation described in § 13–2606 of this subtitle that intends to conduct bingo under this part must obtain: an annual license to conduct bingo for more than 15 days in a year; or a temporary license to conduct bingo for 15 days or fewer in a year. An applicant for a license shall submit to the Department an application on the form that the Department by regulation requires. The application form shall require: the name of the applicant; the name of each principal officer of the applicant; and a certification that no person will conduct bingo except a person who: is a salaried employee or bona fide member of the applicant; and shall not receive any form of commission or bonus. An applicant shall pay to the Department a license fee of: $100 for an annual license; or $25 in addition to $5 for each day bingo is conducted for a temporary license. The Department shall pay to the county commissioners all license fees collected under this part. The Department shall issue a license to each applicant who meets the requirements of this part and the regulations adopted under this part. If an applicant conducts bingo on premises that are leased by the applicant, the lease agreement must be approved by the Department before a license may be issued. The Department may deny a license to an applicant or suspend or revoke a license if the applicant or licensee has violated this part or any regulation adopted under this part.

The charge for admission to a place in order to participate in bingo conducted under this part may not exceed $5. Except as provided in paragraphs (2) and (3) of this subsection, the value of a prize in money, merchandise, or services for any one game of bingo conducted under this part may not exceed $200. Jackpot prizes may be offered in a maximum amount of $5,000. “Winner Take All” games may be offered without a prize limit. A licensee’s employees and the terms of their employment must be approved by the Department before they may conduct bingo under this part. A minor may not be allowed to participate in bingo conducted under this part. Bingo may not be conducted under this part in a room or area where alcoholic beverages are sold or served during the game. A licensee under this part may not conduct bingo on more than 125 days in a year.

Unless otherwise prohibited by county or municipal law, all forms of advertising for bingo are allowed.

Each licensee under this part shall submit to the Department, at monthly intervals or at any other interval that the Department sets, a statement of its gross receipts and expenses. For each game of bingo conducted by the licensee, the statement shall include: the amount of gross receipts derived from the game; each item of expense incurred in the conduct of the game; each item of expenditure made in connection with the game; and the net profit derived from the conduct of the game.

Each licensee shall pay to the county commissioners 3% of the gross receipts derived from bingo for each day that bingo is conducted by the licensee under this part. The licensee shall pay the money at the time the licensee submits to the Department the statement required under § 13–2612 of this subtitle. An organization described in § 13–2606(5) of this subtitle may retain up to one–half of the proceeds derived from bingo conducted under this part for the benefit of the organization. The organization shall distribute any remaining proceeds for educational or charitable purposes. If bingo is conducted in a municipal corporation in the county, the county commissioners shall pay one–third of the 3% of the gross receipts received under subsection (a) of this section to the municipal corporation, to be used for its general purposes. From the percentage of the gross receipts retained by the county commissioners, the county commissioners shall first pay the expenses necessary to administer this part. All additional funds shall be credited by the county commissioners to the general funds of the county.

Each licensee under this part shall maintain the books and reports that the Department requires for the purposes of this part. The Department shall submit to the county commissioners a detailed annual report of all statements submitted to the Department.

A licensee may not: divert or pay out any of the proceeds of bingo conducted under this part in any manner other than as required by this part or by the regulations adopted under this part; or violate any other provision of this part. A person who violates this subsection is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500 for each violation. A person may not receive any of the proceeds of bingo conducted under this part except for the purposes provided in this part. A person who violates this subsection is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $500 or both.

In this part the following words have the meanings indicated. “Gaming device” means a paddle wheel, wheel of fortune, chance book, raffle, or any other mechanism for playing a game of chance. “Gaming device” does not include bingo. “Multiple gaming device permit” means a permit that allows the use of two or more gaming devices. “Raffle” means a lottery using paper chances in which prizes are won by persons who buy chances in the lottery.

This part does not authorize gambling using a slot machine or coin machine.

The county commissioners may issue a permit to any of the following organizations to conduct a fundraiser at which merchandise or money prizes may be awarded by gaming devices: 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; a volunteer fire company that is supported by the county or a municipal corporation in the county or an auxiliary unit whose members are directly associated with the volunteer fire company or auxiliary unit; a nationally chartered veterans’ organization or an auxiliary unit whose members are directly associated with the veterans’ organization; a bona fide nonprofit fraternal, educational, civic, patriotic, or charitable organization that intends to conduct a fundraiser for the benefit of a charity located in the county; or a bona fide nonprofit organization that: intends to raise money for an exclusively charitable, athletic, or educational purpose that is specifically described in the permit application; and has operated as a nonprofit organization in the county for at least 3 years before applying for a permit. The county commissioners shall determine whether an organization qualifies for a permit under this section. An organization must be organized in and serve the residents of the county to be eligible for a permit under this section. An organization that is exempt from taxation under § 501(c)(3) of the Internal Revenue Code is a bona fide charity under this section.

The county commissioners may: adopt regulations concerning the permit application and the issuance of permits under this part; set a fee by resolution for each kind of permit issued under this part; regulate the number of permits issued to organizations each year; and deny a permit to an organization for up to 3 years if the organization violates this part or the regulations adopted under this part.

The county commissioners may not issue more than two multiple gaming device permits to an organization in any 1 year. The county commissioners may not issue: more than eight multiple gaming device permits for fundraisers to be held in any one facility in any 1 year; or more than three multiple gaming device permits for fundraisers to be held in any one facility in any 27-day period. A multiple gaming device permit issued under this part is valid for only one fundraiser lasting not more than 6 hours. The county commissioners may not issue a multiple gaming device permit for use in Ocean City or on real property that is owned by Ocean City and located in the county. The county commissioners may not issue a multiple gaming device permit to hold a fundraiser on premises that are licensed under a Class B or Class D alcoholic beverages license.

At least one-half of the funds derived from a fundraiser for which a multiple gaming device permit has been issued under this part shall be used for a civic, charitable, or educational purpose.

A raffle conducted under a permit issued under this part may not last more than 1 year from the date the permit is issued to the date the last prize is awarded. The county commissioners may regulate the number of permits to conduct a raffle that an organization may receive in a year. A raffle is not a multiple gaming device.

A fundraiser conducted under this part shall be managed and operated only by members of the organization that receives the permit for the fundraiser. A person may not be compensated for the management or operation of any gaming activity authorized by the permit. Each organization that receives a permit for a fundraiser under this part shall designate an individual who is responsible for complying with the terms and conditions of the permit and this part. An organization that receives a permit for a fundraiser under this part shall conduct the fundraiser in: a structure that is owned, leased, or occupied by the organization; a structure that is owned, leased, or occupied by an organization that would qualify for a permit under § 13-2621 of this subtitle; or a public location that is described in the permit application and approved by the State’s Attorney for the county.

Within 30 days after a fundraiser conducted under this part, the organization that received the permit for the fundraiser shall submit to the county commissioners: an accounting of all funds received or pledged; an accounting of all expenses paid or incurred; and a statement under oath of the application of the net profits.

A person who violates this part is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both. Each day on which a violation of this part occurs is a separate violation.