Chapter 01. General
Regulation .01 Scope.LinkCopy Citation
A.
This subtitle applies to instant bingo machines in Anne Arundel and Calvert Counties.
B.
Instant bingo machines and facilities regulated under this subtitle are permitted to operate only if:
(1)
The instant bingo machines were in operation:
(a)
For a 1-year period ending December 31, 2007 by a qualified organization as defined in Criminal Law Article, §13-201, Annotated Code of Maryland; or
(b)
Under a commercial bingo license on December 31, 2007;
(2)
The facility does not operate more than the number of instant bingo machines it operated on February 28, 2008; and
(3)
The instant bingo machines:
(a)
Are operated in the same manner as those that were in operation at that individual instant bingo facility on July 1, 2007; or
(b)
Have been approved by the Commission for use by any other entity authorized to operate an instant bingo machine.
C.
An instant bingo machine that does not meet the requirements of §B of this regulation is an illegal electronic gaming device or slot machine.
D.
Before allowing an instant bingo machine to be operated under this subtitle, the owner of the instant bingo machine shall be licensed by the Commission as a:
(1)
Facility operator;
(2)
Principal employee; or
(3)
Manufacturer.
Regulation .02 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Bill validator” means that part of an instant bingo machine that is designed and configured to:
(a)
Accept currency or other instruments authorized by the Commission; and
(b)
Activate credits on an instant bingo machine.
(2)
“Books and records” means any document pertaining to, prepared in or generated by a facility operator, without regard to the medium through which the record is generated or maintained, including all general ledger records, subsidiary records and ledgers, computer generated data, forms, documents, internal audit reports and work papers, correspondence and personnel records.
(3)
“Cash” means currency and coin.
(4)
“Cash storage box” means a secure tamper resistant container in a bill validator into which cash, gaming tickets, promotional play instruments or other instruments authorized by the Commission for activating credits on an instant bingo machine are deposited.
(5)
Deal.
(a)
“Deal” means a pre-determined quantity of instant bingo tickets, among which are a predetermined and fixed quantity of winning chances, each of which rewards a predetermined prize value.
(b)
A “deal” may include a set or series of preprinted instant bingo tickets.
(c)
A “deal” may include predetermined but unprinted tickets that are printed:
(i)
Within the instant bingo machine as a user plays the game; and
(ii)
In accordance with a finite, fixed, and predetermined sequence.
(6)
“Facility” means a place where instant bingo machines are operated.
(7)
“Facility license” means a license awarded by the Commission to operate an instant bingo facility.
(8)
“Facility operator” means a person who operates or manages the operation of an instant bingo facility.
(9)
“Gaming day” means a period of time determined by a facility operator not to exceed 24 hours marking the beginning and ending times of gaming activities for the purposes of accounting reports.
(10)
“Gaming floor” means that part of a facility where instant bingo machines have been installed for use or play.
(11)
“Instant bingo” means a game of chance played on an instant bingo machine.
(12)
“Instant bingo machine” means an electronic machine, apparatus, or device that offers a game of instant bingo.
(13)
“Instant bingo manager” means an individual who is employed by a facility operator and exercises control over the facility when a principal employee is not present.
(14)
“Instant bingo ticket” means a paper or electronic ticket purchased from a deal.
(15)
“Integrated system” means a computer system that communicates the results of a predetermined or randomly generated outcome for a game of bingo that is not the result of a contemporaneous live call of bingo on the premises where the integrated system is located.
(16)
“Jackpot” means any prize to be paid to a player as a result of a specific combination of characters on an instant bingo machine that requires the filing of an IRS Form W-2G, Certain Gambling Winnings.
(17)
“License” means a license issued to:
(a)
An operator of a facility;
(b)
A manufacturer;
(c)
A principal employee;
(d)
An instant bingo manager; or
(e)
Any other person whom the Commission requires to be licensed.
(18)
“Licensee” means the holder of a license under this subtitle.
(19)
“Manufacturer” means a person that is engaged in the business of designing, building, constructing, assembling, manufacturing, or distributing instant bingo machines, associated equipment or software, instant bingo tickets, or the cabinet in which an instant bingo machine is housed.
(20)
Modification.
(a)
“Modification” means a change or alteration that affects the conduct of play or operation of equipment, system, or software of an instant bingo machine, including a change or alteration to a:
(i)
Control program;
(ii)
Graphics program; or
(iii)
Payout percentage; and
(b)
“Modification” does not include the replacement of one approved component with an identical component.
(21)
“Principal employee” means an individual who manages a licensee, or otherwise exercises management control over an instant bingo function of a licensee.
Regulation .03 Repair and Replacement.LinkCopy Citation
A.
A facility license holder may repair and replace its instant bingo machines provided that documentation has been submitted to the Commission that evidences, to the satisfaction of the Commission, that:
(1)
The machines:
(a)
Operate in the same manner as any that were in operation by that licensee on July 1, 2017; or
(b)
Have been approved by the Commission for use by any other entity authorized to operate an instant bingo machine; and
(2)
The licensee does not operate more than the number of instant bingo machines the licensee had in operation on February 28, 2008.
B.
Documentation submitted under §A of this regulation may consist of:
(1)
Manufacturer invoices;
(2)
Independent testing laboratory reports;
(3)
Records from county licensing authorities; or
(4)
Other records deemed acceptable by the Commission.
C.
A determination by the Commission on the sufficiency of documentation provided under §B of this regulation is final and not appealable.
D.
Instant bingo machines that are repaired or serve as a replacement shall comply with the technical standards as provided under COMAR 36.07.06.
E.
An instant bingo machine serving as a replacement under §A of this regulation may operate in the same manner as any instant bingo machine that was in operation by the licensee on February 28, 2008.
Chapter annotations
Authority: Criminal Law Article, §§12-301.1 and 12-308; State Government Article, §9-110; Annotated Code of Maryland; Ch. 603, §6,
Acts of 2012; Ch. 10, §23, Acts of 2018
Acts of 2012; Ch. 10, §23, Acts of 2018
History: Effective date:
History: Regulations .01—.03 adopted as an emergency provision effective August 26, 2013 (40:20 Md. R. 1650); adopted permanently effective December 12, 2013 (40:24 Md. R. 2019)
History: Regulation .01B amended effective August 13, 2018 (45:16 Md. R. 776)
History: Regulation .03 amended effective January 2, 2017 (43:26 Md. R. 1450)
History: Regulation .03A amended effective August 13, 2018 (45:16 Md. R. 776)