A skills-based amusement device is not legally operated if: Unless authorized under COMAR 36.08.03, the merchandise, prizes, tickets, tokens, or other objects awarded exceeds the minimal value; The device awards a cash prize or a prize that is readily convertible to cash; The outcome of the game is based on a preponderance of chance; The ability of any player to succeed at the game is impacted by the number or ratio of prior wins to prior losses of that device; The outcome of the game can be controlled by a source other than the player of the game; The success of any player is or may be determined by a chance event which cannot be altered by player actions; The ability of a player to succeed at the game is impacted by game features not visible or known to a reasonable player; or The ability of a player to succeed at the game is impacted by the exercise of skill that no reasonable player could exercise. The individual merchandise, prizes, tickets, tokens, or other objects that are awarded by a skill-based amusement device may: Have a wholesale value that does not exceed the minimal value; and Be accumulated and exchanged for non-cash merchandise or prizes that do not exceed $599. If a registered skills-based device owner offers a device described in §A of this regulation, the Commission may take enforcement action as provided in Regulation .03 of this chapter. The Commission may require testing of a prototype of a skills-based amusement device for: Overall operational integrity; Compliance with this subtitle; and Any other function that the Commission determines may be necessary to validate the proper functionality and performance of the device. The Commission may accept testing by: Commission staff; or A testing facility recognized by the Commission. The costs of testing required under this chapter shall be the responsibility of the licensee. The Commission may take an enforcement action if a registered skills-based amusement device owner fails to comply with this subtitle. The Commission may: Suspend a registered skills-based amusement device owner’s registration; Determine that the registered skills-based amusement device owner is no longer qualified to offer skills-based amusement devices in Maryland; or Disqualify the registered skills-based device owner from qualification for any other license, registration, or certification from the Commission. A skills-based amusement device owner whose registration is suspended or found no longer qualified to offer skills-based amusement devices in Maryland shall: Remove its skills-based amusement devices from locations in Maryland; Cease offering skills-based amusement devices in Maryland; or Take such action required by the Commission to come in compliance with this subtitle. Criminal Law Article, §§12-301 and 12-301.1, Annotated Code of Maryland Effective date: January 1, 2017 (43:23 Md. R. 1281) Regulation .01 amended effective July 7, 2025 (52:13 Md. R. 657) Regulation .01B amended effective April 27, 2026 (53:8 Md. R. 356) Regulation.03 adopted effective July 7, 2025 (52:13 Md. R. 657)