An Act To Allow a Casino in Oxford County Transmitted to the Clerk ofthe 124th Maine Legislature by the Secretary of State on Febmary 25,2010 and ordered printed. Printed Ull recycled pilper 7Y/~ In·mllC~{
Maine Legislature, Session 124, LD 1808
Amends: 8 MRSA §1001, 8 MRSA §1003, 8 MRSA §1006, 8 MRSA §1011, 8 MRSA §1013-A, 8 MRSA §1015, 8 MRSA §1016, 8 MRSA §1018, 8 MRSA §1019, 8 MRSA §1020, 8 MRSA §1032, 8 MRSA §1034, 8 MRSA §1035-A, 8 MRSA §1036

MAINE STATE LEGISLATURE 
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at the Maine State Law and Legislative Reference Library 
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124th MAINE LoEGISLATURE 
Legislative Document 
No. 1808 
I.B. 5 
House of Representatives, March 4,2010 
An Act To Allow a Casino in Oxford County 
Transmitted to the Clerk ofthe 124th Maine Legislature by the Secretary of State on 
Febmary 25,2010 and ordered printed. 
Printed Ull recycled pilper 
7Y/~ 
In·mllC~{ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 8 MRS A §lOOl, sub-§2,as enacted by PL 2003, c. 687, Pt. A, §5 and 
affected by Pt. B, § 11, is amended to read: 
2. Associated equipment. "Associated equipment" means any cOmponent paliused, 
or intended for use, in asl6t machine or table game, including, but not liniited to, 
software, integrated circuit chips, printed wired assemblies, printed wired boards, printilig 
mechanisms, video display monitors and metering devices. 
Sec. 2. 8 MRSA §lOOl, suh-§S-A is enacted to read: 
5-A. Casino. "Casino" means a facility in Oxford County; other than a commercial 
track, where gambling activities occur, including, but not limited to, the operation of slot 
machines and table games. 
Sec. 3. 8 MRS A §lOOl, sub-§S-B is enacted to read: 
5-B. Casino operator. "Casino operator" means a person who is licensed under this 
chapter to operate a casino. 
Sec. 4. 8 MRSA §1001, sub-§lS, as enacted by PL 2003, c. 687, Pt. A, §5 and 
affected by Pt. B, § 11, is amended to read: 
. 
15. Gambling activity. "Gambling activity" means off-track betting, pari-mutuel 
wagering at a race track, high-stakes beano, beano, game games of chance or slot 
machine or table game operation. 
Sec. 5. 8 MRSA §lOOl, sUb:-§16, as enacted by PL 2003, c. 687, Pt. A, §5 and 
affected by Pt. B, § 11, is amended to read: " 
16. Gambling facility. "Gambling facility" means a race track, off-track betting 
facility, high-stakes beano or beano facility, a game of chance facility ef, slot machine 
facility or casino. 
Sec. 6. 8 MRS A §lOOl, sub-§:B.7, as enacted by PL 2003, c. 687; Pt. A, §5 and 
affected by Pt. B, § 11, is amended to read: 
17. Gambling services. "Gambling services',' means any goods or services provided 
to an operator licensed under this chapter or at a gambling facility that are used directly in 
connection'with the operation of a sl6t machine or table game, including, but not limited 
to, slot machine maintenance, security services -or junket services, and excluding slot 
machine or table game distribution by a slot machine distributor Or table game distributor, 
Sec. 7. 8 MRSA §lOOl, sub-§20, as enacted by PL 2003, c. 687, Pt. A, §5 and 
affected by Pt. B, § 11, is amended to read: 
. 
20. Gaming employee. "Gaming employee" means any person connected directly. 
with a gambling facility, including cashiers, change personnel, counting room personnel, 
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hosts, persons who extend credit or offer complimentary services, machine mechanics, 
security personnel, supervisors or managers. 
"Gaming employee'" also includes 
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employees of a slot machine distributor or. table game distributor whose duties are 
directly involved with repair or distribution of slot machines 6f~ gaming devices or table 
games. 
Sec. 8. 8 MRSA §lOOl, sub-§21-A is enacted to read: 
21-A. Gross table game income. "Gross table game income" means the total value. 
of money, tokens, credits or similar objects or things of value used to. actually playa table 
- game before payback is distributed to a player. 
Sec. 9. 8 MRSA §lOOl, sub;..§27, as enacted by PL 2003, c. 687, Pt. A, §5and 
affected by Pt. B, § 11; is amended to read: 
27. 
Key executive.'· "Key executive" means any executive of a licensee having 
power to exercise a signrticant influence over decisions concerning the operation or 
distribution of slot machines or table games. 
Se.c. 10. 8 MRSA §1001, sub-§29-B is enacted to read: 
29-B .. Net table· game income. "Net table game income" means money, tokens, 
credits or similar objects or things of value used to playa table game minus money, 
credits or prizes paid out to winners. 
Sec. 11. .8 MRSA §1001, sub-§30, as enacted by PL 2003, c. 687, Pt. A, §5 and 
affected by Pt. B, § 11, is amended to read: 
30. Nongambling services. "Nongambling services" means any goods or services, 
other than gambling services and slot machine or table game distribution by a slot 
machine distributor or table game distributor, provided to an operator licensed under this 
chapter or at a gambling facility, including, but not limited to, hotel concessions, 
restaurant concessions or food service. 
Sec. 12. 8 MRSA §1001, sub-§38, as enacted by PL 2003, c. 687, Pt. A, §5 and 
affected by Pt. B, § 11, is amended to read: 
38.' Registration. "Registration" means an approval or board action that authorizes a 
company to be a holding company of a company that holds or applies for a slot machine 
operator license 61', a casino operator license, a slot machine distributor license or a table 
game distributor license or of other persons required to be licensed under t~is chapter. 
Sec. 13. 8' MRSA §lOOl, sub-§41, as enacted by PL 2003,c. 687, Pt. A, §5 and 
affected by Pt. B, § 11, is amended to read: 
41. Slot machine facility. nSlot machine facility" means a facility. not including a 
casino, at which a slot machine operator operates slot machines. 
.) 
Sec. 14. 8 MRS A §1001, sub-§42, as enacted by PL 2003, c. 687, Pt. A, §5 and 
affected by Pt. B, § 11, is amended to read: 
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42. Slot machine operator. "Slot machine operator" means a person, not including 
a casino operator, who is licensed under this chapter to operate slot machines and 
associated equipment in the State. 
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Sec. 15. 8 MRSA §1001, sub-§43-A is enacted to read: 
43-A. Table game. "Table game" means a card game, dice game or other game of 
chance, including, but not limited to, blackjack, poker, dice, craps, roulette,. baccarat, 
money wheels, wheel of fortune or any electronic facsimile of such a game located ina 
casino. Table games are governed under this chapter and excluded from the definition of 
"game of chance" in Title 17, section 330, subsection 2. 
Sec. 16~ 8 MRSA §1001, sub-§43-B is enacted to read: 
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43-B. Table game distributor. "Table game distributor" means a person who is 
licensed under this chapter to distribute table games and associated equipment for use in 
the State. 
Sec. 17. 8 MRSA§1001, sub-§44, as enacted by PL 2003, c. 687, Pt. A, §5 and, 
affected by Pt. B, § II, is amended to read: 
44. Uniform location agreement. "Uniform location agreement" means a written 
agreement in a form prescribed by the board between a slot machine operator or casino 
operator and a slot machine distributor or table game distributor that governs the terms 
and conditions of that agreement; including the placement of slot machines or table 
games on the premises of the slot machine operator or casino operator. 
Sec. 18. 8 MRS A §1003, sub-§l, ~A, as enacted by PL 2003, c. 687, Pt. A, §5 
and affected by Pt. B, § II, is amended to read: 
. 
A. 
Regulate; supervise and exercise general control over the ownership imd 
operation of slot machines and table games, the distribution of slot machines 'and 
table games and slot machine facilities and casinos; 
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Sec. 19. 8 MRSA §1003, sub-§2, ~, as enacted by PL 2003, c. 687, Pt. A, §5 ' 
and affected by Pt. B, § II, is amended to read: 
I. 
Adopt rules to prevent undesirable conduct relating to the ownership, distribution 
and operation of slot machines and table games and slot machine, facilities and 
casinos, including, but not limited ,to, the following:' 
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(I) The practice of any fraud or deception upon a player of a slot machine o'r 
table game or a licensee; 
(2) The presence or location of a slot machine or table game in 01' at premises 
that may be unsafe due to fire hazard or other public safety conditions; 
(3) The infiltration of organized crime into the ownership, distribution or 
operation of slot machines or table games and slot machine facilities or casinos; 
and 
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(4) The presence of disorderly persons in a location where slot machines or table 
games are in use; 
Sec. 20. 8 MRSA §1003, sub-§2, 9TQ, as amended by PL 2005, c. 663, §4, is 
further amended to read: 
Q. 
Certify monthly to the department a full and complete statement of all slot 
machine and table game revenue, credits disbursed by licensees, administrative 
expenses and the allocation of slot machine and table game income for the preceding 
month; 
Sec. 21. 8 MRS A §1003, sub-§2, €jfR, as amended by PL 2005, c. 663, §5, is 
further amended to read: 
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R. 
Submit by March 15th an annual report to the Governor and the joint standing 
committee of the Legislature having jurisdiction over gambling affairs on slot 
machine and table game revenue, credjts disbursed by slot machine operators and 
table game operators, administrative expenses and the allocation of slot machine and 
table game income for the preceding year; 
Sec. 22. 8 MRSA §1003, sub-§3, EfiE, as enacted by PL 2003, c. 687, Pt. A, §5 
and affected by Pt. B, § 11, is amended to read: 
E. 
The location and hours of operation of slot machines and table games, types of 
slot machines and table games permitted, methods of operation of slot machines and 
table games and distribution and servicing of slot machines and table' games and 
associated equipment; 
Sec. 23. '8 MRSA §1003, sub-§3, ~G, as enacted by PL 2003, c. 687, Pt. A, §5 
and affected by Pt. B, § 11, is amended to read: 
G. 
Minimum procedlires for the exercise of effective control over the internal fiscal 
affairs of slot machine operators, casino operators, slot machine distributors, table 
game distributors, gambling services vendors and nongambling services vendors, 
including provisions for the safeguarding of assets and revenues, the recording of 
cash and evidence of indebtedness and the maintenance of reliable records, accounts 
and reports of transactions, operations and events, including reports to the board; 
Sec. 24. 8 MRSA §1003, sub-§3, ~, as enacted by PL 2003, c. 687, Pt. A, §5 
and affected by Pt. B, § 11, is amended to read: 
H. 
Procedures for the annual audit of the books and records of slot machine 
operators, casino operators, slot machine distributors, table game distributors and 
gambling services vendors; 
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Sec. 25. 8 MRSA §1003, sub-§3, ~, as enacted"by PL 2003, c. 687, Pt. A, §5 
and affected by Pt.' B, § 11, is amended to read: 
I. 
Establishment of a list of persons whoare to be excluded or removed from any 
slot machine facility or casino, including those persons who v.ohintarily request that 
their names be included on the list of excluded persons. These rules must define the 
standards for exclusion and removal and include standards regarding persons who are· 
career or professional offenders, as defined by rules of the board, whose presence in a 
slot machine facility or casino would, in the opinion of the board, be inimical to the 
,interest of the State; 
Sec. 26. 8 MRS A §1004-A is enacted to read: 
§1004-A. Surveillance and monitoring of table games 
1. Casino facility requirements. A casino operator shall alTange the facilities of its 
casino in such a manner as to promote optimum security for the casino facility operations 
and shall comply in all respects with rules of the board peliaining to security .. 
2. Internal controls. The following provisions govern internal procedures and 
controls of a casino. 
A. 
The casino operator shall submit to the board a description of its system of 
internal procedures and administrative and accounting controls for table games 
operations accompanied by a certification by its chief financial officer or equivalent 
officer that the submitted procedures provide adequate and effective controls, 
establish a consistent overall system of internal procedures and administrative and 
accounting controls and conform to generally accepted accounting principles. An 
applicant for licensure under section 1011, subsection 2-A shall make its initial 
submission at least 30 business days before table game operations are to commence 
unless otherwise directed by the board. 
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B. The casino must contain a count room and such other secure facilities as may be 
required by the board for the counting and storage of cash, coins, tokens, checks, 
plaques, gaming vouchers, coupons· and other devices or items of value used in 
wagering and approved by the board that are received in the conduct of gaming and 
for the inspection, counting and storage of dice, cards, chips and other representatives 
of value. A drop box or other device in which these items are deposited at the 
gaming tables, and any area in which these boxes and devices are kept while in use, 
must be equipped with a locking device to which there are 2 keys, one of which must 
be under the exclusive control of the board and the other of which must be under the 
exclusive control of the casino operator. These drop boxes and other devices may not 
be brought into or removed from a casino room except at such times, in such places 
and according to such procedures as the board may require. 
Sec. 27. 8 MRS A §1005, sub-§l, as enacted by PL 2003, c. 687, Pt. A, §5 and 
affected by Pt. B, § 11, is amended to read: 
1. POWers. 
In addition to powers conferred by any other provision of law, the 
department may: 
A. 
Without notice, and at any time during regular hours of operation, enter the 
offices, facilities or other .places of business of slot machine operators, casino 
operators, slot machine distributors, table game distributors and gambling services 
vendors to conduct administrative inspections to determine compliance with this 
chapter mid rules adopted under this chapter; and 
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Request the director to disable any slot machine or table game if the department 
has a reasonable articulable suspicion that the slot machine' or table game is being 
operated in.violation of this chapter or of any rule adopted under this chapteL 
Sec. 28.,8 MRSA §1006, sub-§4, as enacted by PL 2005, c. 11, § 1, is amended to 
read: 
4. Monitoring and surveillance records and information. Financial, statistical 
and surveillance information obtained. by the board or department from the central site 
monitoring system or surveillance devices is confidential.and may not be disclosed. The 
board shall' prepare and make publicly available monthly and annual reports on the results 
of slot machine and table game operations using the information described in this 
subsection pursuant to section I.003, subsection 2, paragraphs Q and R, as long as the 
board takesappr:opriate measures to protect the confidentiality of specific information 
designated as confidential by this section. 
Sec. 29. 8 MRSA §1011, as amended by PL 2005, c. 663, §6, is further amended 
to read: 
. §IOI1. License to operate 
The board shall exercise authority over the licensing of all persons participating in the 
operation, distribution and maintenance of slot machines and table games and slot 
machine facilities and casinos and over the registration of slot machines and table games. 
1. Operator license required for slot machine facility .. A person may not operate 
any slot machine in a slot machine facility in the State unless the person has been issued a 
license to operate slot machines by the board. A slot machine operator license authorizes 
a licensee to own or lease slot machines operated at a licensed gambling facility. 
I·A .. Operator license reguiredfor casino. A person may not operate both slot 
machines and table games in the State unless the person has been issued a casino operator 
license by the board, A casino operator license authorizes a licensee to own or lease slot 
machines and table games operated at a casino. 
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2. 
Persons eligible for slot machine operator license. The board may accept 
applications for a license to operate slot machines from any person who is licensed to 
operate a commercial track that satisfies the following criteria: 
A. 
The commel'cial track is located at or within a 5-mile radius of the center of a 
commercial track that conducted harDess racing with pari-mutuel wagering on more 
thail 25 days during calendar year 2002; and 
B. 
The operation of slot machines at the commercial track is approved by the voters 
of the municipality in which ~he commercial track to be licensed is located by 
referendum election held' at any time after December 31, 2002 and before Decembe'r 
31,2003. 
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2-A. 
Person eligible for casino operator license. 
The board may accept an 
application for a casino operator license to operate slot machines and table games at a 
casino from any person if that person and casinosatisfr the following criteria: 
A. The casino is located on a parcel of land that is: 
(I) No less than 50 acres in size; and 
(2) Located not more than: 
(a) Thirty miles from a Level' lor Level II trauma center verified as such by 
the American College of Surgeons or successororganization; 
(b) Fifteen miles from the main office of a county sheriff; 
(c) Twenty-five miles from the main office ofa state police field troop; 
(d) Thirty miles from an interchange of the interstate highway system; 
(e) Ten miles from a fire station; 
CD Ten miles from a facility at which harness racing was conducted pursuant 
to a license from the State Harness Racing Commission for the 2009 racing 
year; and 
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(g) One-half mile from a state highway as defined in Title 23, section 1903, 
subsection 15. 
For the purposes of this paragraph, distances are determined by measuring along the 
most commonly used roadway, as determined by the Department of TranspOliation; 
B. The criteria adopted through rulemiildng by- the board regarding the licensing of 
the operation of slot machines and table games; 
C. The operation of a casino is approved by the voters of the municipality in which 
. the casino to be licensed is located in a referendum election or by a vote of the 
municipal officers· in the municipality in which the casino is to be licensed and 
located held at any time after October 1,2009 and on or before December 31, 20 II; 
D. The person owns a facility that is within 10 miles of the proposed casino at which 
harness racing was conducted pursuant to a license from the State Harness· Racing· 
Commission for the 2009 racing year; and 
E. The slot machines and table games are located and operated in the casino. 
3. Requirements for license;· continued commercial track licensure. The board 
may riot issue a license to operate .1! slot machines machine fadlity or a casino to any 
person unless that person demonstrates compliance with the qualifications set forth in 
sections 1016 and 1019. A person \vho is granted a license to operate slot machines must 
maintain a license to operate a commercial track, without lapse, suspension or revocation 
for the duration of the slot machine operator's license. To maintain eligibility for a slot 
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machine operator license, a licensed commercial track must at all times maintain a license 
to operate a commercial track, without lapse, suspension or revocation, and a-licensed 
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commercial track is not eligible for a license to operate table games but may apply for a 
license to operate slot machines as long as the licensed commercial track satisfies the 
. requirements of this chapter. 
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4. Requirement for license; agreement with municipality where slot machines 
are located. A slot machine operator shall enter into an agreement with the municipality 
where the slot machine operator's slot machines are located that provides for revenue 
sharing or other compensation, includirig, but not limited to, a provision requiririg the 
preparation, in conjunction with the municipality, ofa security plan for the premises on 
which the slot machines are located. The revenue-sharing agreement must provide for a 
minimum payment to the municipality of 3% of the net slot machine income derived from 
the machines located in the municipality. 
5. Renewal. Licenses to operate slot machines machine facilities or a casino may be 
renewed upon application for renewal in accordance with this subchapter, subject to 
board rules. 
Sec. 30. 8 MRS A §1012-A is enacted to read: 
§1012-A. Local approval for renewal of casino operator license 
An application for renewal of a casino operator license must first be approved under 
this section by the municipal officers of the municipality in which the casino is"located or, 
if the casino is in an unincorporated place, the appIication must be approved by the 
county commissioners of the county in which the casino is located. 
1. Hearings. Municipal officers or county commissioners, as the case may be, may 
hold a public hearing for the consideration of a request for the renewal of a license to 
operate a casino, except that, when an applicant has held a license for the prior 5 years 
and a complaint has not been filed with the board" against the applicant within that time, 
the applicant may request a waiver of the hearing. 
A 
The board shall prepare and supply application forms for public hearings under 
this subsection. 
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B. Municipal officers or county commissioners, as the case may be, shall provide 
public notice of any hearing held under this section by causing, at the applicant's 
prepaid expense, a notice stating the name and place of the hearing to appear on at 
least 3 consecutive days before the date of the hearing in a daily newspaper having 
general circulation in the mi.micipality where the premises of the casino are located or 
one week before the date of the hearing in a weekly newspaper having general 
circulation in the municipality where the premises are located. 
C. 
If municipal officers or county commissioners, as the case may be, fail to take 
final action on an application for a renewal of a casino operator license within 60 
days of the filing of an application, the application is considered approved and ready 
for action by the board. For purposes of this paragraph, "the date of filing of the" 
application is the date the application is received by the municipal officers or county 
commissioners. 
2. Findings. In granting or denying an application LInder this .section, municipal 
officers or the county commissioners shall indicate the reasons for their decision and 
provide a copy to the applicant. A license may be denied 011 one or more of the following 
grounds: 
2" 
A. Conditions of record such as waste disposal violations, health or safety violations 
or repeated. parking or traffic violations. on. or in the vicinity of the r.remises of the 
casino and caused by persons patronizing or employed by the casino or other such 
conditions caused by persons patronizing or employed by. the casino that 
unreasonably disturb, interfere with or affect the ability of persons or businesses 
residing or located ,in the. vicinity of the casino to use their property in a reasonable 
manner; 
B. 
Repeated incidents of record of breaches of the peace, disorderly conduct, 
vandalism or other violations of law on or in the vicinity of the premises of the casino 
and caused by persons patronizing or employed by the casino; and 
C. Aviolation of any provision of this chapter. 
3. Appeal to board .. Any applicant aggrieved by the decision of the municipal 
officers or county commissioners under this section may appeal to the board within 15 
days of the receipt of the written decision of the municipal officers or county 
commissioners. The board shall hold a public hearing in the city, town or unincorporated 
place where the premises of the casino are situated. In acting on such an appeal, the 
board may considei all licensure requirements and findings referred to in subsection 2. If 
the decision appealed is an application denial, the board may issue the license only if it 
finds by clear and convincing evidence that the decision was without justifiable cause. 
4. Appeal to District Court. Any person or governmental entity aggrieved by a 
board decision under this section may appeal the decision to the District Court within 30 
. days of receipt of the. written decision of the board. An applicant who files an appeal or 
who has an appeal pending. shall pay the license renewal fee the applicant would 
otherwise pay. Upon resolution of the appeal, if the applicant's license renewal is denied, 
the board shall refund the applicant the prorated amount of the unused license fee. 
Sec. 31. 8 MRSA §1013-A is enacted to read: 
§1013-A. Licensing of table game distributors 
1. License to distribute required. A person may not distribute table games in the 
State unless the person has been issued a license to distribute table games by the board. 
2. Requirements for license. The board may issue a license to distribute table 
games to an applicant that meets the qualifications set out in sections 1016 and 1019. 
Sec. 32. 8 MRSA §1015, as enacted by PL 2003, c.687, Pt. A, §5 and affected by 
Pt. B, § 11, is amended to read:. 
§1015. Licensing of employees of slot machine and casino operators, slot machine 
and table game distributors and gambling services vendors 
1. License required. A person may not be employed bya slot machine operator, 
casino operator, slot machine distributor, table game distributor or gambling services 
vendor unless the person is licensed to do so by the board or granted a waiver by the 
board pursuant to subsection 3. 
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2. Requirements for license. The board may issue an employee license to an 
employee of a slot machine operator, casino operator, slot machine distributor, table 
game distributor or gambling services vendor if the applicant meets the qualifications set 
out in sections 1016 and 1019. 
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3. Requirements for waiver. Upon application by a slot machine operator, casino 
operator, slot machine distributor, table game distributor or gambling services vendor, the 
board may waive the employee license requirement under this section if the slot machine 
operator, casino operator, slot machine distributor, table game distributor or gambling 
services vendor di:nnonstrates to the board's satisfaction that the public interest is not 
served by the requirement of the employee license. 
Sec. 33. 8 MRSA §1016, sUb.;,§l, as enacted by PL 2003, c. 687, Pt. A, §5 and 
affected by Pt. B, § II, is amended to read: 
1. Minimum qualifications. Notwithstanding Title 5, chapter 341, and in addition· 
to any requirements imposed by rules adopted by the board, a person must satisfY the 
following· qualifications to be a slot machine operator, a casino operator, a slot machine 
distributor, a table game distributor, a gambling services vendor or an employee of these 
entities: 
A. 
The person has completed the application form, promptly and truthfully. 
complied with all information requests of the board and complied with any applicable 
rules adopted by the board; . 
B. 
The person has sufficient financial assets and responsibility to meet any financial 
obligations imposed by this chapter and, if applying for a slot machine operator 
license ef, casino operator license, slot machine operator license renewal or casino 
operator license renewal, has sufficient financial assets and responsibility to continue 
operation of a commercial track or casino; 
C. 
The person has not knowingly or recklessly made a false statement of material 
fact in applying for a license under this chapter or any gambling-related license in 
any otherjurisdiction; 
D. 
In the case of a person applying to be a slot machine operato~ or casino operator, 
the person has sufficient knowledge and experience in the business of operating slot 
machines or casinos to effectively operate the slot machine facilities or casino to 
which the license application relates in accordance with this chapter and the rules and 
standards adopted under this chapter; 
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E. 
The person has not had a gambling-related license application denied or an 
adverse action taken against a gambling-related license by authorities in this State or 
any other jurisdiction. For purposes of this paragraph, "adverse action" includes, but 
. is not limited to, a condition resulting from an administrative, civil or criminal 
violation, a suspension or revocation of a license or a voluntary surrender of a license 
to avoid or resolve a civil, criminal or disciplinary action; 
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F. 
If the applicant is a business organization, the applicant is organized in this State, 
although that business organization may be a ~holly or partially owned subsidiary of 
an entity that is organized pursuant to the laws of another state or a foreign country; 
and 
3, 
G. 
The person and all key executives are citizens or permanent residents of the 
United States. 
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A person may ~ot hold more than one class of license under this chapter unless the 2nd 
license is an employee license under section 1015. 
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Sec. 341. 8 MRSA §1018, sub-§l, as amended by PL 2005, c. 663, §7, is further 
amended to read: 
1. Fees. The, application fee for a license and the annual fee for a registered slot 
machine or table game under this chapter are as set out in this subsection,. 
A. 
The initial registration fee for a registered slot machine is $100. The annual 
renewal fee is $100 for each registered slot machine. 
A-I. ' The initial registration fee for a registered table game is $100. The annual 
renewal fee is $100 for each registered tab Ie game. 
B. 
The initial application fee for a slot machine distributor license is $200,000. The 
annual renewal fee is $75,000. 
B-1. The initial application fee for a table game distributor license is $5,000. The 
annual renewal fee is $1,000. 
C. 
The initial application fee for a slot machine operator license is $200,000. The 
annual' renewal fee is $75,000 plus an amount, ,set by rules of the board, equal to the 
cost to the board of licensing slot machine operators and determined by dividing the 
costs of administering the slot machine operator licenses by the total number of slot 
, machine operators licensed by the board. 
C-I. ,The initial application fee for a casino operator license is $225,000. The annual 
renewal fee is $80,000 plus an amount, set by rules of the board, equal to the cost to 
the board of licensing casino operators and determined by dividing the costs of 
administering the casino operator licenses by the total number of casino ,operators 
licensed by the board. 
D. 
The annual application fee' for a license for a gamb.\ing services vendor is 
$2,000. 
E. 
The initial application fee for an employee license under section I 015 is $250. 
The annualt:enewal fee is $25. 
In addition to the application fee for a license or annual fee for a registered slot machine 
or table game, the board may charge a one-time application fee for a license or 
registration 'listed' in paragraphs A to E in an amount equal to the projected cost of 
pr.ocessing the application and performing any background investigations. If the actual 
cost exceeds the projected cost, an add itional fee may be charged to meet the actual cost. 
If the projected cost exceeds the actual cost, the difference may be refunded to the 
applicant. All fees collected pursuant to thIS section must be deposited directly to the 
General Fund, except that $25,000 of the annual renewal fee for a slot machine operator 
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or casino operator must be deposited to the Gross Slot Income Other Special Revenue 
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Fund account within the Gambling Control Board to be transferred tothe municipality in 
which the slot machines are machine facility or casino is operated, in accordance with 
subsection 2. All application and registration fees are nonrefundable and are due upon 
submission of the application. 
Sec. 35. 8 MRS A §1019, sub-§6, as enacted by PL 2003, c. 687, Pt. A, §5 and 
affected by Pt. B, § 11, is amended to read: 
6. Proximity of licensed casinos and slot machine facilities. A casino operator 
license or slot machine operator license may not be issued. under this chapter at to operate 
any commercial track casino or slot machine facility located within 100 miles of ,a 
licensed casino or slot machine facility. 
Sec. 36. 8 MRSA §1019, sub-§7 is enacted to read: 
7. Referendum and municipal vote. After January 1, 2011, any proposed casino or 
slot machine facility may not be issued a license unless it luis been approved by a 
statewide referendum vote and a vote of the municipal officers or municipality in which 
the casino or slot machine facility is to be located. 
Sec. 37. 8 MRSA §1020, sub-§3, as amended by PL 2005,c. 663, §9, is further 
amended to read: 
3. Limits on total slot machines. The board shall determine the number of slot 
machines to be registered in the State. The board shall make this determination based 
upon the minimum net slot machine income, when distributed pursuant to section 1036, 
necessary to maintain the harness horse racing industry in this State, except that: 
A. 
The total number of slot machines registered in the State may not exceed ~ 
3,000; and 
B. 
A slot machine operator may not operate more than 1,500 slot machines at any 
one commercial track and a casino operator may not operate more than 1,500 slot 
machines at a casino. 
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Sec~ 38. 8 MRS A §1021 is enacted to read: 
§1021. Registration of table games 
,1. Registration required. A table game may not be operated or distributed pursuant 
to this chapter unless the table game is registered by the board ahd the casino operator· 
and the table game distributor are each licensed by the board. 
2. Requirements for registration. To be registered, a table game: 
A: May not have any means of manipulation that affect the random probabilities of 
winning a game; and 
B. 
Must have, in addition to the requirements of paragraph A, other such 
characteristics as the board may establish by rule. 
. 
3. 
Examination of table games. 
The board shall, in· cooperation with the 
department, examine table games and associated equipment of table game distributors 
seeking registration as required in this chapter. The board shall require the table game 
.distributor seeking examihation and approval of the table game or associated equipment 
to pay the . anticipated cost of the examination before the examination occurs. After the 
examination occurs, the board shall refund overpayments or charge and collect amounts 
sufficient to reimburse the board for underpayments of actual cost. .The board may 
contract. for the examinations of table games and associated equipment as required by this 
section. 
4. Unregistered or noncompliant table games subject to confiscation. A table 
,game that is not registered as required by this section or that does not comply with the 
requirements of this chapter or rules adopted under this chapter is contraband and a public 
nuisance and the table game and the table game's monetary contents, monetary proceeds 
and associated equipment are subject to confiscation by any law enforcement officer. 
. 
Table games and any monetary contents, monetary proceeds and associated equipment 
confiscated pursuant to this section are subject to forfeiture in accordance with the 
procedures outlined in Title 17-A, section 959 or 960. 
Sec. 39. 8 MRS A §1031, as enacted by PL 2003, c. 687, Pt. A, §5 andaffected by 
1-9 
Pt. B, § 11, is amended to read: 
§1031. Age limit on slot machine and table game use; access by minors; credit 
prohibited 
1. Minimum age. A slot machine operator or casino operator may not permit a 
person' under 21 years of age to playa slot machine or table game. 
2. Placement of slot machines and table games. A. slot machine operator, casino 
operator, slot machine distributor, table 'game distributor or gambling services vendor 
shall prohibit persons under 21 years of age from any area in which a sl6t machine or 
table game is located, except that a person 18 to 20 years of age may be present if that 
person is a licensed employee under section 1015. 
3. Credit prohibited. A slot machine operator or casino operator may not allow the 
use of a credit card or debit card by a person to playa slot machine or table game. 
4. Table game wagering. Each table game must be equipped with a sign indicating 
the permissible minimum and maximum wagers pertaining to that table game.· A casino 
operator may not'fequire any wager to be greater than the stated minimum or less than the 
stated maximum, and any wager actually made by a patron and not rejected by a casino 
35' 
operator prior to the commencement of play must be treated as a valid wager. 
Sec. 40. 8 MRSA §1032, as amended by PL 2005, c. 663, § 1 0, is further amended 
to read: 
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§1032. Payment.of credits by sl.ot machine .orcasin.o ·.operat.or 
A slot machine operator or casino operator shall redeem credits for players who earn 
credits on a slot machine or table game located on the premises of that slot machine 
operator facility or casino in accordance with rules adopted by the board. A slot machine 
operator or casino. operator may not redeem a credit slip more than 365 days from the 
date of issuance. The funds reserved for the payment of such a credit slip or expired 
unclaimed jackpot must be retained by the slot machine operator or casino operator and 
treated as gross slot machine income or gross table game income and do not constitute 
. property subject to the requirements of Title 33, chapter 41. 
Sec. 41. 8 MRSA §l033, as enacted by PL 2003, c. 687, Pt. A, §5 and affected by 
Pt. B, § 11, is amended to read: 
§1033. Unif.orm l.ocati.on agreement 
Each slot machine or table game is subject to a uniform location agreement between 
the slot machine distributor or table game distributor and the slot machine operator or 
casIno operator. A copy of the agreement must be submitted to the board for approvaL 
The uniform location agreement is the complete and sole agreement between the slot 
machine operator or casino operator and the slot machine distributor or table game 
distributor regarding slot machines and table games .. No other agreement between the 
slot machine operator or casino operator and the slot machine distributor or table game 
distributor is legally binding. 
. 
Sec. 42. 8 MRSA §1034, as enacted by PL 2003, c. 687, Pt. A, §5 and affected by 
Pt. B, § 11, is amended to read: 
. 
§1034. Discl.osure.of .other c.ontracts and agreements 
A slot machine operator or casino operator must submit to the board all contracts or 
agreements the slot machine operator or casino operator establishes with a slot machine 
distributor, table game distributor, licensed gambling services vendor or'a key executive. 
Sec. 43. 8 MRS A §1035, as amended by PL 2007, c. 611, §11, is further amended 
to read: 
§1035. L.ocati.on.of sl.ot machines 
Slot machines may be located only on the premises of a commercial track or the 
premises of a casino. For the purposes of this section, "premises of a commercial track" 
means property owned by the person who owns the property on which a commercial track 
is located and that is .either within 200 feet of the outside edge of the racing oval or, if the 
commercial track was owned by a municipality when a license to operate slot machines iiI 
association with that commercial track was issued, within 2,000 feet of the center of the 
racing oval. 
Sec. 44. 8 MRSA §1035-A is enacted to read: 
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§1035-A. Location of table games 
Table games may be Idcated only on the premises of a casino. 
Sec. 45. 8 MR8.A §1036, sUllb-§2-A is enacted to read: 
2-A. Distribution from casino of slot machine income. A casino operator shall 
collect and distribute 46% of the net slot machine income from slot machines operated by 
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the casino operator to the board for distribution by the board as follows: 
A. Twenty-five percent of the net slot machine income must be forwarded directly 
by the board to the Treasurer of State, who shall credit the money to the Department 
of Education, to be used to supplement and not to supplant funding for essential 
programs and services for kindergarten to grade 12 under Title 20-A, chapter 606-B; 
B. Four percent of the net slot machine income must be forwarded by the board to 
the University of Maine System Scholarship ,Fund created in Title 20-A, section 
, 13 
- 10909;' 
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C. Three percent of the net slot machine income must be forwarded by the board to 
the Board of Trustees of the Maine Community College System to be applied by the 
board of trustees to fund· its scholarshipsprogram under Title 20-A. section 12716, 
subsection 1; 
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D. Four percent of the net slot machine income must be forwarded by the board to 
the Treasurer of State, who ,shall distribute the funds to the tribal governments ofthe 
Penobscot Nation and the Passamaquoddy Tribe; 
. E. Three percent of the net slot machine income must be deposited to the General. 
Fund for administrative expenses of the board, including gambling addiction 
counseling services, in accordance with rules adopted by the board; 
F. Two percent of the net slot machine income must be forwarded directly to the 
municipality in which the casino is located; 
G; One'percent of the net slot machine income must be forwarded by the board to the 
Treasurer of State, who shall credit the money to the Agricultural Fair Support Fund 
established in Title 7, section 91 ; 
H. One percent of the net slot machine income must be forwarded by the board to the 
Treasurer of State, who shall credit the money to the fund established in section 298 
to supplement harness racing purses; 
I. One percent of the net slot machine income must be credited by the board to the 
Sire Stakes Fund created in section 281; 
J. One percent of the net slot machine income must be forwarded directly to the 
county in which the casino is located to pay for mitigation of costs resulting from 
gaming operations; and 
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K. One percent of the net slot machine income must be forwarded by the board'to the 
' Treasurer of State, who' shall credit the money to the DepaIiment of Agriculture, 
Food and Rural Resources to fund daily farm stabilization pursuant to Title 7, section 
40, 
3153-B. 
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If a recipient of net slot machine income in paragraph D, H or I owns or receives funds 
from a slot machine facility or casino, other than the casino in Oxford County or the slot· 
machine facility in Bangor, then the recipient may not receive funds under this 
subsection, and those funds must be retained by the Oxford County casino operator. 
. 
Sec. 46. 8 MRS A §1036, sub-§2-B is enacted to read: 
2-B.· Distribution from casino of table game income. A casino operator shall 
collect and distribute 16% of the net table game income from table games operated by the 
casino operator to the board for distribution by the board as follows: 
A. Ten percent of the net table game income must be forwarded directly by the board 
to the Treasurer of State, who shall credit the money to the Department of Education, 
to be used to supplen'1entand not to supplant funding for essential programs and 
services for kindergarten to grade 12 under Title 20-A, chapter 606-B; 
B. Three percent of the net table game income must be deposited to the General 
Fund for administrative expenses of the board, including gambli~g addiction 
counseling services, in accordance with rules adopted by the board; 
C. Two percent of the net table game income must be forwarded directly to the 
municipality in which the table games are located; and 
D .. One percent of the net table game income must be forwarded directly to the 
county in which the table games are located to pay for mitigation of costs reSUlting 
from gaming operations. 
Sec. 47. 8 MRSA §1036, sub-§3, as enacted by PL 2003, c. 687, Pt. A, §5 and 
affected by Pt. B, § 11, is amended to read: 
3. Failure to deposit funds. 
A slot machine operator or casino .operator who 
knowingly or intentionally fails to comply with this section commits a Class C crime. In 
addition to any other sanction available by law, the license of that person the operator 
may be revoked by the board and the slot machines or table games operated by that slot 
machine operator or casino operator may be disabled, and the slot machines or table 
games, slot machines' or table games' proceeds- and associated equipment may be 
confiscated by the board and are subject to forfeiture under Title 17-A, section 959 or 
960. 
. 
Sec. 48. 8 MRS A §1041, sub-§2, as enacted by PL 2003, c. 687, Pt. A, §5 and 
affected by Pt. B, § 11; is amended to read: 
. 
2. Location. A slot machine operator or casino operator shall maintain all records 
required by this chapter or by rules adopted under this chapter at the operator's primary 
business office within thisState or on the premises where the slot machine or table game 
is operated. A slot machine distributor or table game distributor shall maintain these 
records at the distributor's primary business office within this State. 
The primary 
business office must be designated by the license holder in the license application. All 
records· must be open to inspection and audit by the board or its designee and a license 
holder may not refuse the board or its designee the right to inspect or audit the records. 
Refusal to permit inspection or audit of the records constitutes grounds for revocation or 
suspension of the license or registration. 
. 
Sec. 49. 8 MRSA §lOS4, as enac~ed by PL 2003, c. 687, Pt.A, §5 and affected by 
Pt. B, §tl, is amended to read: 
§1054. Criminal violations 
A personcommits a Class C crime if that person lq1owinglyor intentionally: 
1. . Tampering with slot machine or table game. 
Manipulates or intends to 
manipulate the outcome, payback or operation' of a. slot machine or table game by 
physical tampering or any othermeans; 
' 2. Interference. Interferes with the board's ability to monitor compliance with this 
chapter; 
.. Operation or distribution without license .. Operates or distributes a slot 
machine or table game in this State without a license; 
4. 
Operation' or dist~ibution of unregistered slot machine or table game. 
Operates or distributes a slot machine or table game that is not registered in this State; 
5. Possession oHools for purpose of tampering with slot machine or table game. 
Possesses or makes any tool, implement, instrument or other article that is adopted, 
designed or commonly used for manipulating the outcome, payback or operation of a slot 
machine or table game with intent to use that tool, implement, instrument or other article 
to commit the manipulation of a slot machine or table game; 
6. Failure to disclose contracts and agreements. Violates section 1034; 
7. Underage use of slot machine or table gam"e. Violates section 1031, subsection 
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8. Failure to deposit funds. Violates section 1036, subsection 2; or 
9. Failure to grant access to premises, equipment and records. Violates section 
1042. 
Sec. SO. 17 MRS A §330, sllIb-§2, as repealed and replaced by PL 1995, c. 674, 
. 
§ 1, is amended to read: 
2. Game of chance. "Game of chance" means any game, contest, scheme or device 
in which: 
A. 
A person stakes or risks something of value for the opportunity to win 
something of value; 
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B. 
The rules of operation or play require an event the result of which is determined 
by chance, outside the control of the contestant or pal1icipant; and 
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C. 
Chance eIitersas an element that influences the outcome in a manner that can not 
be eliminated through the application of skill. 
For the purposes of this subsection, "an event the result of which is determined by 
chance" includes but is not limited to a shuffle of a deck or decks of cards, a roll of a die 
or dice or a random drawing or generation of an object or objects that may include, but 
are not limited to, a card or cards, a die or dice, a number or numbers or simulations of 
any of these. A shuffle of a deck or decks of cards, a roll of a die or dice, a random 
drawing or generation of an object or objects or some other event the result of which is 
determined by chance that is employed to determine impartially the initial order of play in 
a game, contest, scheme or device does not alone make a game, contest, scheme or device 
a game of chance. For purposes of this chapter, beano iffia~ bingo and table games as 
defined in Title 8, section 1001, subsection 43-A are not games of chance. 
SUMMARY 
This initiated bill authorizes a casino at a single site in Oxford County. The municipal 
officers or the voters of any municipality in which the site is located must approve the 
casino for the operation of the .gaming fadlity. The location of the casino must satisfy 
certain criteria regarding the distance of the casino from health and safety infrastructure. 
To be eligible for a casino license an applicant must own a facility that is within 10 miles 
of the proposed casino at which harness racing was conducted pursuant to a license from 
the State Harness Racing Commission for the 2009 racing year. The casino is authorized 
to contain slot machines and table games, including card games, dice games and other 
games of chance, including, but not limited to, blackjack, poker, ·dice, craps, roulette, 
baccarat, money wheels, wheel of fomme or any electronic facsimile of such a game. 
The initiated bill increases the total nl)m.ber of slot machines that may be registered in the 
State from 1,500 to 3,000 and provides that a. casino operator may not operate more than 
1,500 slot machines at a casino. The initiated bill provides for regulation of the casino by 
the Department of Public Safety, Gambling Control Board. 
The initiated bill requires the casino operator to collect and distribute to the State 
46% of the net slot machine income and 16% of the net table game .income. The money 
paid to the State from the net slot machine income must be used for the following 
purposes: 
1. Twenty-five percent of the net slot machine income must be directed to the 
Department of Education to be used for funding kindergarten to grade 12 essential 
programs and services; 
2. Four percent of the net slot machine income must be directed to the University of 
Maine System Scholarship Fund; 
3. Three percent of the net slot machine income must be directed to the Maine 
Community College System for its scholarships program; 
4. Four percent of the net slot machine income must be directed to the tribal 
governments of the Penobscot Nation and Passamaquoddy Tribe; 
" 
5. Three percent of the net slot machine income must be directed t6 the Gambling 
Control Board for administrative expenses, including gambling addiction counseling 
services; 
6. Two percent of the net slot machine incbme must be directed to themunicipality in 
which the casino is located; 
7. One percent of the net slot machine income must be dire~ted to the Agricultural 
Fair Support Fund; . 
8. One percent of the net slot machine income must be directed to supplement harness 
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racing purses; 
9. One percent of the net slot machine income must be directed to the Sire Stakes 
Fund; 
. 10. One percent of the net slot machine income must be directed to the countY iTl. 
which the casino is located to pay for mitigation. of costs resulting from gaming 
operations; and. 
. 
11. One percent of the net slot machine income must be directed to the Department of 
Agriculture; Food and Rural Resources to fund dairy farm stabilization. 
The money paid to t~e State from the net table game income must be used for the 
following purposes: 
1. Ten percent of the net table game income must be directed to the Department of 
Education to be used for funding kindergaJ1en to grade ·12 essential programs and 
services; 
2. Three percent of the net table game income must be directed to the Gambling 
Control Board for administrative expenses of the board, includi'ng gambling addiction 
counseling services; 
3. Two percent of the net table game income must be directed to the municipality in 
which the table games are located; and 
4. One percent of the net table game income must be directed to the county in which 
the table games are located to pay for mitigation of costs resulting from' gaming 
operations. 
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