2013 Maryland Code
CRIMINAL LAW
§ 12-301 - "Slot machine" defined

§12-301.

In this subtitle:

(1) “slot machine” means a machine, apparatus, or device that:

(i) operates or can be made to operate by inserting, depositing, or placing with another person money, a token, or another object; and

(ii) through 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, awards the user:

1. money, a token, or other object that represents or that can be converted into money; or

2. the right to receive money, a token, or another object that represents and can be converted into money;

(2) “slot machine” includes:

(i) a machine, apparatus, or device described in item (1) of this section that also sells, delivers, or awards merchandise, money, or some other tangible thing of value;

(ii) a pinball machine or console machine that pays off in merchandise; and

(iii) a machine, apparatus, or device described in item (1) of this section, regardless of whether the machine, apparatus, or device delivers a game through the Internet or offers Internet or other services; and

(3) “slot machine” does not include a machine, apparatus, or device that:

(i) awards the user only free additional games or plays;

(ii) awards the user only noncash merchandise or noncash prizes of minimal value;

(iii) dispenses paper pull tab tip jar tickets or paper pull tab instant bingo tickets that must be opened manually by the user provided that the machine, apparatus, or device does not:

1. read the tickets electronically;

2. alert the user to a winning or losing ticket; or

3. tabulate a player’s winnings and losses;

(iv) 1. is a handheld device that displays only facsimiles of bingo cards that an individual uses to mark and monitor contemporaneously to a live call of bingo numbers called on the premises by an individual where the user is operating the machine;

2. does not permit a user to play more than 54 bingo cards at the same time;

3. does not randomly generate any numbers; and

4. is not part of an integrated system;

(v) is used by the State Lottery Commission under Title 9 of the State Government Article;

(vi) if legislation takes effect authorizing the operation of video lottery terminals, is a video lottery terminal as defined in and licensed under that legislation; or

(vii) is a skills-based amusement device that awards prizes of minimal value approved by the State Lottery Commission through regulation.

§ 12-301 - 1. Electronic gaming device

(a) "Commission" defined. -- In this subtitle, "Commission" means the State Lottery and Gaming Control Commission.

(b) Certification and regulation. --

(1) Except as provided in paragraphs (2) and (3) of this subsection and consistent with the provisions of this title and Title 13 of this article, the Commission shall certify and regulate the operation, ownership, and manufacture of an electronic gaming device authorized under this title.

(2) This section does not apply to:

(i) the ownership or operation of slot machines that are subject to regulation by the Comptroller under § 12-304 of this title; and

(ii) paper tip jar gaming where authorized.

(3) (i) This paragraph applies only in Baltimore City and Baltimore County.

(ii) If a local law enforcement agency 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.

(c) Regulations. -- The Commission shall adopt regulations that:

(1) define lawful and unlawful electronic and mechanical equipment used in connection with gaming devices that are consistent with this title;

(2) approve and license electronic gaming devices authorized under State law;

(3) approve and license owners, operators, and manufacturers of electronic gaming devices authorized under State law;

(4) establish procedures for the license application and renewal processes required under this section; and

(5) establish license fees that are sufficient to cover the direct and indirect costs of licensure required under this section.

(d) Determination of equivalent licensing and regulatory requirements; where determination not made. --

(1) The Commission may determine:

(i) that a county's licensing and regulatory process for electronic gaming devices is equivalent to the State licensing and regulatory process required under this section; and

(ii) that a county license for owning, operating, or manufacturing an electronic gaming device in that county is equivalent to a State license.

(2) If the Commission does not make a determination under paragraph (1) of this subsection, the regulations and licensing requirements of the Commission shall supersede:

(i) the application of any county fees or regulations and licensing requirements for electronic gaming devices under this subsection; or

(ii) a requirement for a county license for owning, operating, or manufacturing an electronic gaming device under this subsection.

(e) Illegal gaming device. -- An electronic gaming device that is not licensed or otherwise operated in compliance with the provisions of this section as of January 1, 2013, is an illegal gaming device that may not legally operate in the State.