This subtitle applies to electronic gaming devices regulated by the Commission under Criminal Law Article, §§12-301—12-308, Annotated Code of Maryland. This subtitle applies to all electronic gaming devices, regardless of whether the device delivers a game through the Internet or offers Internet or other services. This subtitle does not apply to: Slot machines that are subject to regulation by the Comptroller under Criminal Law Article, §12-304, Annotated Code of Maryland; Lottery devices used by the Agency or, under the authority of the Agency, by a licensed retailer under State Government Article, Title 9, Subtitle 1, Annotated Code of Maryland; Video lottery terminals or tables games permitted and licensed under State Government Article, Title 9, Subtitle 1A, Annotated Code of Maryland; Paper tip jar gaming where authorized; or Skills-based amusement devices that award prizes and are operated in compliance with COMAR 36.08. In this subtitle, the following terms have the meanings indicated. Terms defined. “Antique electronic gaming device” means an electronic gaming device that is at least 25 years old. “Electronic gaming device” means an electronic machine, apparatus, or device that can be configured to: Operate by inserting, depositing, or placing with another person money, a token, or another object; and Through a preponderance of the element of chance, the reading of a game of chance, the delivery of a game of chance, or any other outcome unpredictable by the user, award the user anything of value other than an award of free play or the right to receive anything of value other than an award of free play. The Commission may: Review a county’s licensing and regulatory process for electronic gaming devices; and Determine upon review that: The county’s licensing and regulatory process for electronic gaming devices is equivalent to a license from the Commission; and A county license for owning, operating, or manufacturing an electronic gaming device in the county is equivalent to a State license. A decision of the Commission on the equivalency of a county’s licensing and regulatory process for electronic gaming devices under this regulation is final and not appealable. Baltimore City and Baltimore County. Operators of amusement games in Baltimore City or Baltimore County shall be required to be licensed by the jurisdiction in which they are located. Criminal Law Article, §§12-301 and 12-301.1, Annotated Code of Maryland;Section 6, Chapter 603, Acts of 2012 Effective date: January 1, 2017 (43:23 Md. R. 1281) An electronic gaming device is lawful if it is: An antique electronic gaming device that is not operated for gambling purposes. An electronic gaming device that is in the possession of or being transported by a person to demonstrate or sell the electronic gaming device to a prospective customer who is allowed to purchase an electronic gaming device if the person: Operates with or under a distributorship contract with a manufacturer of an electronic gaming device; Is registered with the United States Department of Justice as a distributor of electronic gaming devices; and Has provided the Secretary of State Police with a copy of the person’s current federal registration. An instant bingo machine operated in compliance with COMAR 36.07. An electronic gaming device is unlawful if it is not authorized by Regulation .01 of this chapter. Criminal Law Article, §§12-301—12-308, Annotated Code of Maryland Effective date: January 1, 2017 (43:23 Md. R. 1281) A decision by the 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 the Criminal Law Article, Annotated Code of Maryland; and Being operated in a lawful manner. If a local law enforcement unit fails to promptly enforce a final determination made under §A of this regulation, the Commission shall refer the matter to the Department of State Police for enforcement of the law. If a local law enforcement agency in Baltimore City or Baltimore County refuses to enforce a provision regarding the legal operation of amusement games, the Commission shall refer the matter to the appropriate office of the State’s Attorney. Criminal Law Article, §§12-113 and 12-301.1, Annotated Code of Maryland Effective date: January 1, 2017 (43:23 Md. R. 1281)