An Act Regarding Gaming by Charitable Organizations
Maine Legislature, Session 124, LD 1330
Committee: Legal and Veterans Affairs
Sponsors: BRYANT

FIRST REGULAR SESSI01~-2009 
Legislative Document 
No. 1330 
H.P.934 
House of Representatives, March 31, 2009 
An Act Regarding Gaming by Charitable Organizations 
Reference to the Committee on Legal and Veterans Affairs suggested and ordered printed. 
Presented by Representative BRYANT of Windham. 
Cosponsored bySenator BRYANT of Oxford and 
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1/1. 7lltU;:f~{ . 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BEAULIEU of Auburn, BLANCHARD of Old Town, FITTS of Pittsfield, 
PINKHAM of Lexington Township, RUSSELL of Portland, TRINW ARD of Waterville, 
VALENTINO of Saco. 
Printed on recycled paper 
Be it enacted by the People ofthe State of Maine as follows: 
Sec. 1. 17 MR.SA c. 14, as amended, is repealed. 
Sec. 2. 17MR.SA c. 62 is enacted to read: 
CHAPTER 62 
GAMES OF CHANCE 
§1831. Definitions 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1. 
Agricultural society. 
"Agricultural society" or·. "fair" means a nonprofit 
agricultural fair society eligible for a stipend under Tide 7, chapter 4. 
2. Chief of State Police. "Chief of the State Police" or "chief' means the Chief of 
the State Police or the chiefs designee. 
3. 
Distributor. "Distributor" means a person, firm, corporation, association or 
organization that sells, markets or otherwise distributes sealed tickets, gambling apparatus 
or any other implements of gambling that may be used in the conduct of a game of 
chance. 
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4. 
Electronic video machine. 
"Electronic video machine" means a machine, 
however operated, that has a video screen featuring an electronically simulated game and 
delivers or entitles the person playing or operating it to receive the privilege of playing 
the electronic video machine without charge, but does not deliver or entitle the person 
playing or operating the electronic video machine to receive cash, premiums, 
merchandise, tickets or something of value other than the privilege of playing the 
electronic video machine without charge. A machine that has a video screen featuring an 
electronically simulated slot machine as a game is not an electronic video machine, but is 
a machine as defined in subsection 9. 
5. Game of chance. "Game of chance" means a game, contest, scheme or device in 
which: 
A. A person stakes or risks something Of value for the opportunity to win something 
of value; 
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 participant; and 
C. Chance enters as an element that influences the outcome in a manner that cannot 
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 of cards, a roll of a die or dice or 
a random drawing or generation of an object that may include, but is not limited to, a 
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card, a die, a number or simulations of any of these. A shuffle of a deck of cards, a roll of 
a die, a random drawing or generation of an object or some other event the result of 
which is determined by chance that is employed to determine impartially the initial order 
o'f 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 and bingo are 
not games of chance. 
6. Game of skill. "Game of skill" means any game, contest, scheme or device in 
which a person stakes or risks something of value for the opportunity to win something of 
value and that is not a game of chance. 
. 
7. Gross revenue .. "Gross revenue" means the total amount wagered in a game of 
chance less the prizes awarded. 
8. 
Licensee. "Licensee" means a' firm, corporation, association or organization 
licensed by the Chief of the State Police to bperate a game of chance. 
. 
9. Machine.' "Machine" means any machine, including electronic devices, however 
operated, the internal mechanism or'components of which when set in motion or activated 
and by the application of the element of chance may deliver or entitle the person playing, 
of operating the machine to receive cash, premiums, merchandise, tickets or something of 
. value as defined in subsection 17. 
10. 
Member. 
"Member" means a bona fide member of' a firm, corporation, 
. association, organization, department or class or a combination thereof who has been duly 
admitted as a merpber according to the laws, rules, regulations, ordinances or bylaws 
governing membership in the firm, corporation, association, organization, department, 
class or combination thereof. 
:11. Net revenue. "Net revenue" means gross revenue less allowable expenses as 
described in section 1837. 
12. Printer. "Printer" means a person, firm, corporation, association'or organization 
that reproduces in printed form, for sale or distribution, materials to be used in the. 
conduct of a game of chance. 
13. Raffle. "Raffle" means a game of chance in which: 
A. A person pays or agrees to pay something of value for a chance;'represented and 
differentiated by a number, to win a prize; 
B. One or more of the chances is to be designated the winning chance; and 
C. The winning chance is to be determined as a result of a drawing from a container 
holding numbers representative of all chances sold. 
14. 
Roulette. "Roulette" means a game of chance in which players bet on the 
compartment of a revolvingwheelinto which a small ball will.come torest. . 
.. Slot machine. "Slot machine" means any mechanical,,electrical or electronic 
device, contrivance or machine or other device, contrivance or'machinethaLis available 
to play upon insertion of money or a token,. credit or similar obj ect or something of value, 
the play of which by the element of chance may deliver or entitle the person playing the 
device, contrivance or machine to receive cash, tokens or credits to be exchanged for 
cash, merchandise or anything of value, whether the payoffis made automatically from 
the device, contrivance or machine or in any other manner, and includes progressive 
electronic gaming devices with a payoff that increases as the electronic gaming device is 
played. 
16. Social gambling. "Social gambling" means a' contest of chance in which the 
only participants. are players and from which no person or organization receives or 
becomes entitled to receive something of value or any profit whatsoever, directly or· 
indirectly, other than as a player, from any source, fee, remuneration connected with 
gambling or such activity as arrangements or facilitation of the game, permitting the use 
of premises or selling 0f supplying for-profit refreshments, food, drink service or 
entertainment to participants, players or spectators .. 
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17. Something of·value. "Something of value" means: 
A. Any money or property; 
B. Any token, object or article exchangeable for money, property, amusement or 
entertainment; or 
C. Any form of credit or promise directly or indirectly contemplating transfer of 
money or property, or of any interest therein, or involving extension of a service, 
entertainment or a privilege of playing at a game or scheme without charge. 
. 
18. Tokens. "Tokens" means distinctive objects, chips, tickets or other devices Mno 
intrinsic value used as a substitute for cash in accounting for revenue from a game of 
chance. 
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§1832. Licenses 
1. License required. A person, firm, corporation, assoCiation or organization may 
not hold, conduct or operate a game of chance without a license issued by the Chief of the 
State Police in accordance with this section. A license is not required when a game of 
chance constitutes social gambling. 
2. Eligible organizations. Notwithstanding other provisions of law, the Chief of the 
State Police may issue a license to operate a game of chance to an organization that 
submits a completed application as described in subsection 4 and has been founded, 
chartered or organized in this State for a period of not less than 2 consecutive years prior 
to applying for a license and is: 
A. An agricultural society; 
B. 
A bona fide nonprofit charitable, educational, political,· civic, recreational, 
fraternal, patriotic or religious organization; 
C. A volunteer fire department; or 
D.An auxiliary of any ofthe organizations in paragraphs A to C. 
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, 3. Municipal approval required. An eligible organization described in subsection 
intending to apply for a license to conduct a game of chance is required to receive 
written approval from the local governing authority where the game of chance is to be 
operated or conducted. This written approval musf be submitted with the application to 
the Chief of the State Police as described in subsection 4. 
4. 
Application. 
An eligible organization described in subsection 2 wishing to 
operate or conduCt a game of chance shall submit an application to the Chief of the State 
Police. The application must be in a form provided by the Chief of the State Police and 
must be signed by a duly authorized officer of the eligible organization. The application 
must include the full name and address of the organization, a full description of the game 
of chance, the location where the game is to be conducted and any other information 
determined necessary by the Chief of the State Police for the issuance of a license to 
operate a game of chance, including but not limited to membership lists,' bylaws and 
documentation showing the organization's nonprofit status or charitable designation. 
5. Multiple licenses. The Chief of the State Police may issue more than one license 
to conduct or operate a game of' chance simultaneously to ,an eligible organization 
described in subsection 2. Each game of chance must have a separate license, the nature 
of which must be specified on the license. 
6. Agricultural fairs. Notwithstanding any provision in this chapter to the contrary, 
in addition to games of chance, the Chief of the State Police may issue a license to 
conduct or operate games of chance known as "penny falls" or "quarter falls" at any 
agricultural fair, as l€mg as the revenue from those games is retained by the licensed 
agricultural society. 
7. Electronic video machines. The Chief of the State Police may issue a game of 
chance license to operate an electronic video machine to any eligible organization 
described in subsection 2. , 
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A. An ,electronic video machine licensed under this section may only be operated for 
the exclusive benefit of the licensee, except that up to 50% of the gross proceeds 
from the operation of the machine may be paid to the distributor' as a rental fee and 
for service and repair of the machine. Notwithstanding' other provisions of this 
chapter, a licensee may rent an electronic video machine from a distributor. 
B. No more than 5 electronic video machines may be operated on the licensee's 
premises. A separate games of chance license is required for the operation of each 
electronic video machine. 
C.' A licensee may operate an electronic video machine only on the licensee's 
premises. 
D. Two or more licensees may not share the use of any premises for the operation of 
electronic video machines. 
E. A distributor or employee of the distributor may not be a member of the licensed 
organization. 
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F. An electronic video machine licensed under this subsection may not be operated 
in a marmer that meets the definition of illegal gambling machine as described in 
Title 17-A, section 952, subsection 5-A. 
§1833. Fees 
1. Original application fee. The original application for a license to operate a game 
of chance must be accompanied by a fee of $7.50. This is not a fee for a license and is not 
refundable. 
2. Operation of games of chance. Except for electronic video games and games of 
cards as provided in this section, the fee for a license to. operate a game of chance is $15 
for each week computed on a Monday to Sunday basis or for a portion of a week. The fee 
for a license issued for a calendar month is $60 and the fee for licenses issued for a 
calendar year is $700 . 
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The Chief of the State Police may issue any combinatiOll of weekly or monthly licenses 
for the operation of games of chance. 
Except for games of cards as provided in 
subsection 4, licenses to conduct any authorized game of chance may be issued for a 
period not to exceed 6 months on one application. 
3. Operation of electronic video machines. The fee for a game of chance license to 
operate an electronic video machine in accordance with section 1832, subsection 7 is $15 
for each week computed on a Monday to Sunday basis or for a portion of a week. The 
fee for a license issued for a calendar month is $60. 
. 
The Chief of the State Police may issue any combination of weekly or monthly licenses 
for the operation of electronic video machines. A license or combination of licenses to 
operate an authorized electronic video machine may not exceed a period of 6 months. 
4. Games of cards. The fee for a license issued to an organization to operate a game 
of cards, when the organization charges no more than a $5 daily entry fee for 
participation in the games of cards and when no money or valuable thing other than the 
$5 daily entry fee is gambled by any person in cormection with the game of cards, is $30 
for each calendar year or portion of a calendar year. For card games that are played by 
placing the maximum bet of $1 per hand or deal, the license fee is the same as provided 
in subsection 2. 
5. Distributors. The fee for a license issued to a distributor is $625 for each calendar 
year or portion of a calendar year. 
6. Printers. The fee for a license issued to a printer is $15 for each calendar year or 
portion of a calendar year. 
7. Application. Licenses to operate any authorized game .of chance may be issued 
for a period not to exceed 6 months on one application. 
All fees required by this section must accompany the application for any license 
issued by authority of this chapter. 
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Fees submitted as license fees must be refunded if the license is not issued. Rebates 
may not be given for any unused license or portion of an unused license. If any license is 
suspended or revoked as provided by this chapter, fees paid for that license may not be 
refunded. 
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§1834. Conduct games of chance 
1. Wagers or entry fees; exceptions. The following limits apply to games of 
chance. 
A. The maximum bet for a lIcensed game of chance including card games in which 
bets are placed per hand or per deal is $1. 
B. Licensed card games that award part or all of the entry fees paid to participate in 
the game as prize money and in which no money or thing of value is wagered except 
for the entry fee are limited to a $5 entry fee and no more than 40 players at anyone 
time at ani one location. 
C. If the licensee operates games of chance for less than 3 total days in a calendar 
year -and contributes 100% of the gross revenue from those games of chance to 
charity, the amount wagered must be limited to: 
(1) A$l daily entry fee; 
(2) Fifty cents per game; or 
(3) Twenty-five cents per card received. 
Prior to play of the game, the licensee shall determine which of the limits in 
subparagraphs (1), (2) and (3) is to be used and shall post the limit. 
2. Games conducted by members and bartenders of, licensee only. A game of 
chance licensed pursuant tb this section must be operated and conducted for the exclusive 
benefit of the licensee and must be operated and conducted only by duly authorized 
members of the licensee or by persons erriployed by the licensee as bartenders, except 
that nonmembers employed by the licensee as bartenders may not operate or conduct any 
game of chance pennitted under subsection 5, paragraph B. The requirements of this 
subsection do not apply to any agricultural society licensed to operate a game of chance. 
3. Games conducted at agricultural fair by members of the agricultural society 
or a bona fide nonprofit Games of chance operated and conducted solely 'by members 
of an agricultural society or games' of chance operated and conducted by members of 
bona fide nonprofit organizations on the grounds of the agricultural society and during 
the annual fair of the agricultunil society may use cash, tickets, tokens or other devices 
approved by the Chief of the State Police by mle. 
Notwithstanding any other provision of this section, the tickets, tokens or other devices 
approved by the Chief of the State Police must be unique to the agricultural society and 
may be in denominations of 25¢, 50¢ or $1. The tickets, tokens or devices approved by 
the Chief of the State Police may be sold and redeemed only by a person- who has been a 
member or active volunteer of the agricultural society fOl; at least' 2 fair seasons. The 
agricultural society has the· burden of proof for demonstrating the qualification of 
members or active volunteers. 
An agricultural society that uses tokens shall provide records and reports as required by 
section 1838. 
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4. 
Persons under 16 years of age; exception. 
Except as provided in this 
subsection, a licensee, game owner or operator may not permit persons under 16 years of 
age to take part in a game of chance, and a person under 16 years of age may not sell 
chances, except in relation to charitable, religious or recognized youth associations. 
Notwithstanding any rule to the cOntrary, upon receiving an application on a form 
provided by the Chief of the State Police and a determination by the chief that a game of 
chance licensed to be conducted at a festival-style event is designed to attract players 
under 16 years of age and awards a nonmonetary prize valued at less than $10 for every 
chance played, the chief may permit: 
A. Persons under 16 years of age to conduct or operate the game of chance; and 
B. 
Persons under 16 years of age to play the game of chance without being 
accompanied by an adult. 
Nothing in .this subsection may be construed to penmt games of chance to be operated 
without a license. 
5. Location. A license issued pursuant to this section must specify the location 
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where the organization may operate the licensed game of chance. A licensee may not 
operate games of chance in more than one location at the same time. 
A. An agricultural society or a bona fide nonprofit organization may operate a game 
of chance on the grounds of an agricultural society and during the annual fair of the 
agricultural society. 
B. No more than one licensee may operate a game of chance at a time at a location 
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where the general public has access. In any room where a licensed game of chance is 
being conducted, there must be at least one member of the licensee present in that 
room for every 2' nonmembers who are present. That member must have been a 
member of the licensee for at least one year. A member of the licensee, either 
directly or through another member or guest, may not stake or risk something of 
value in the licensee's game of chance unless the member has been a member of the 
licensee for at least 14 days not including the day of admission into membership. 
A bona fide nonpro·fit organization may operate a licensed game of chance to which the 
general public has access once every 3 months for a period not to exceed 3 consecutive 
days. The licensed game of chance may be operated at any location described in the 
license and may be conducted only by members of the licensee. 
6. 
Door prizes. Distribution of tickets to an event upon which appear details 
concerning any prize to be given away as a result of a drawing is to be considered a game 
of chance within the meaning of this chapter; a distribution of tickets containing only the 
words "Door Prize," without further description, is excluded from the provisions of this 
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chapter, as long as no promotional materials or presentations, written or oral, describe the 
door prize. 
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7., "Donation" not to provide an exclusion. The word "donation" printed on a 
ticket does not exclude the sponsoring organization from complying with this chapter. 
§1835. Tournament games 
The Chief of the State Police may issue a license to condu~t tournament games as 
provided in this section to an organization eligible to conduct beano games under chapter 
13-A and games of chance under this chapter. For purposes of this section, "tournament 
game" means a game of chance played using a deck of cards with rules similar to poker 
or other card games. The Chief of the State Police may not issue a tournament game 
license to an organization m,ore than once per month. 
, 1. Local governing authority approval. An organization that intends to apply for a 
tournament game license must first receive approval from the local governing authority 
.' where the games are to be conducted. Proof of approval from the local governing 
authority must be provided to the Chief of the State Police upon application' for a 
tournament game license. 
2. License application. An organization must submit a license application to the 
. Chief of the State Police on a form provided by the Chief of the State Police. The license 
application must specify one or rnore charitable organizations that the proceeds of the 
tournament are intended to benefit. 
For the purposes of this section, "charitable 
organization" means any person or entity, including any person or entity ina foreign 
state, that is or purports to be organized or operated for any charitable purpose or that 
solicits, accepts or obtains contributions from the public for any charitable, educational, 
humane or patriotic purpose. 
3. License. The license fee for a tournament game license is $5 per tournament 
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4. "Tournament. The organization licensed to conduct a tournament game under this 
section shall display the rules of the game and the license issued to conduct the 
. tournament. The maximum number of players allowed is 100. Winners are determined 
by a process of elimination. The use of currency is prohibited as part of tournament play. 
The maximum entry fee to play in the tournament is $100, except the organization may 
add $5 to the entry fee to defray the cost of the license application. Only one entry fee is 
permitted per person. A tournament must be completed within 48 hours. Other games of 
chance are prohibited, except for lucky seven or similar sealed tickets, 
5. Proceeds. Seventy-five percent of the entry fees tmder subsection 4 must be paid 
~rizes to the winners of the tournament. Of the money remaining after the payment of 
prizes, 75% must be distributed to the charitable organization or organizations listed on 
the license application pursuant to this section. 
6. Cost of administration; surplus. The Chief of the State Police may retain, from 
license fees collected in accordance with subsection 3, only an amount necessary to 
defray the costs of administering this section. All fees collected in excess of the amount' 
necessary to defray the costs of administration must be allocated as follows: 
A. Forty percent to the Fractionation Development Center; and 
B. Sixty percent to the General Fund. 
§1836. Raffles 
1. Raffles with prizes of $10,000 or less. Notwithstanding section 1832, subsection 
1, a license to conduct or operate a raffle in which the holder of the winning chance does 
not receive something of value worth more than $10,000 is not required of the following: 
A. Any agricultural society or any bona fide nonprofit organization that is either 
charitable, educational, political, civic, recreational, fraternal, patriotic or religious or 
any auxiliary of such an organization; 
B. Any volunteer police force, fire department or ambulance corps; 
C. 
Any class or organization of an elementary, secondary or postsecondary 
educational institution operated Or accredited by the State; or 
D. Any state agency that conducts or operates a raffle for a donated item to benefit 
fish and wildlife conservation projects. 
Any exempt organization, department or class or combination listed in paragraph A. B, C 
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or D may sponsor, operate and conduct a raffle without a license only for .the exclusive 
benefit of that organization, department or class or combination, and that raffle may be 
conducted only by duly authorized members of the sponsonng organization, department 
or class or combination. 
A state agency may not conduct or operate more than 2 raffles per year pursuant to 
paragraph D. 
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2. Special raffles; prizes more than $10,000 but not more than $25,000. The 
following provisions apply to special raffles licensed under this subsection. 
A. Except as provided in subsection 3, the Chief of the State Police may issue one 
special raffle license per year to any organization, department or class eligible to hold 
a raffle under subsection. 1. The special niffle·license entitles the licensee to hold one 
raffle in which the holder of a winning chance receives something of value worth 
more than $10,000 but not more than $25,000. Section 1834, subsection 1 does not 
apply to raffles licensed under this section. 
B. The Chief of the State Police may not issue a license under this subsection to hold 
a raffle in which the holder of a winning chance receives a cash prize worth more 
than $10,000. 
C. All tickets sold pursuant to a: special raffle license must be purchased from a 
licensed distributor or licensed printer.. Tickets must be sequentially numbered and 
have printed on their faces the following information: the name of the special raffle 
licensee; a description of the prize or prizes; the price of the ticket; and the date, time 
and place of the drawing .. Any organization, department or class listed in subsection 
that conducts a raffle under this section shall retain all unsold raffle tickets for 6 
months after the raffle drawing and make those tickets available for inspection at the 
request of the Chief of the State Police. 
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3. Special raffles; prizes more than $10,000 but not more than $75,000. The 
following provisions apply to-special raffles licensed under this subsection. 
A. The Chief of the State Police may issue one special raffle license per year to any 
. organization, department or class eligible to hold a raffle under subsection 1. The 
special raffle license entitles the licensee to hold one raffle in which the holder of a 
winning chance receives something of value worth more than $10,000 but notmore 
than $75,000. 
A raffle licensed under this paragraph· may be structured as a 
progressive raffle that is divided into a maximum of 12 multiple drawings with 
previous entries rolled ·into subsequent drawing pots and with the final drawing to be 
held within 12 months· of the first. Drawings must be used to randomly select a 
smaller grOUp to be eligible for the final prize to be awarded after the final drawing. 
Section 1834, subsection 1 does riot apply to raffles licensed under this section. 
B. The Chief of the State Police may not issue a license under this subsection to hold. 
a raffle in which the ·holder of a winning chance receives a cash prize worth more 
than $10,000. 
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. C,. All tickets sold pursuant to a special raffle license must be purchased from a 
licensed distributor or licensed printer. Tickets must be sequentially numbered and' 
have printed on their faces the following information: the name of the special raffle 
licensee; a description of the prize or prIzes; the price of the ticket; and the date, time 
and place of the drawing. Any organization, department or class listed in subsection 
that conducts a raffle under this section shall retain all unsold raffle tickets for 6 
. months after the raffle drawing and make those tickets available for inspection at the 
request of the Chief of the State Police. 
4. 
Special raffle licenses. The holder of a special raffle license issued under 
subsection 2 may conduct or operate one raffle per year in which the holder of a winning 
chance receives something of value worth more than $10,000 but not more than $25,000. 
The holder of a special raffle lic.ense issued under subsection 3 may conduct or operate 
one raffle per year in which the holder of a winning chance receives something of value 
worth more than $10,000 but not more than $75,000. The holder of a special raffle 
license issued under subsection 2 or 3 may not conduct or operate a raffle in which the 
holder of a winning chance receives a cash prize worth more than $10,000. 
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5. 
Charitable organizations; livestock raffling. A license is required before a 
charitable organization may raffle livestock for fund-raising purposes under Title 7, 
section 3972, subsection 4. The Commissioner of Agriculture, Food and Rural Resources 
or the commissioner's designee shall make forms available for charitable organizations to 
apply for licenses for one-year ~r 3-year periods. 
If the commissioner or the 
commissioner's designee is satisfied that the charitable organization has not violated or 
will not violate the restrictions of Title 7, section 3972, a license must be issued. 
§1837. Revenue and expenses 
1. Compensation. Those who conduct games of chance may not be paid for such 
services except according to this subsection; 
A. An organization including a fair licensed to operate beano, bingo or lucky seven 
games may use up to 20% of the gross revenue to compensate those who conduct the 
games. 
B. Each person who conducts a game of chance . licensed to an agricultural society 
may be paid at a rate that does not exceed 3 times the State's minimum wage as 
established in Title 26, section 664, subsection 1, unless the game is one for which 
the limit in paragraph A applies. 
2. Exception. Notwithstanding subsection 1, a licensee may use the proceeds of a 
game of chance to: 
A. Defray the expenses or part of the expenses that further the purpose for which the 
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organization is formed, except that the proceeds may not be: 
(1) Used to purchase alcohol or to defray the cost of activities where alcohol is 
served; or 
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(2) Paid directly to organization members except as specifically 'allowed in this 
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section; and 
B. Defray the expenses or part of the expenses of a member, auxiliary member, 
officer or employee of the organization for a serious illness,injUlY or casualty loss .if 
the licensee makes an application pursuant to this section and the application is 
approved by the licensing division within the Bureau of State Police. Anapplication 
must be made in the form and contain the information the licensing division requires. 
(1) In the case of serious illness or injury, the licensing division may require 
certification by a licensed physician in support of the application. 
(2) In the case of a casualty loss, the licensing division may require statements or 
reports from a law enforcement agency, rescue or other emergency services 
personnel or an insurance agency to support the application. 
(3) The licensing division may deny an application if it appears that the person 
who would receive the proceeds has adequate means of financial support, 
including, but not limited to, insurance or workers' compensation benefits . 
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3. Rules. The Chief of the State Police shall adopt rules in accordance with Title 5, 
chapter 375 to carry out this section. 
4. Posting. An organization licensed to conduct a game of chance pursuant to 
section 1832 shall post in a conspicuous place in the room or hall where games of chance 
are conducted a sign that states the net revenue earned from the operation of the game in 
dollars and cents, the amount of charitable donations from that net revenue in dollars and 
cents, what percentage in dollars and cents of the net revenue that amount represents in 
donations to nonprofit activities and what percentage of the net revenue was distributed 
from licensed games for the previous calendar year and has been distributed in the current 
calendar year. For the purposes of this subsection, "calendar year" means January to 
December. 
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§1838. Licensee records and reports 
1. Records required. Each licensee shall keep a record of all financial transactions 
involving games of chance operated under each license granted to the . licensee. The 
treasurer of the licensee or another Officer designated by the treasurer is responsible for 
maintaining those records. The records must include an exact account of all revenue 
from the games, an itemization of all expenses, including, but not limited to, the cost of 
prizes, printing, licenses and administration, and the disposition of all proceeds, 
including, but not limited to, all gifts, grants and· payments to any person, finn, 
corporation, association or organization for any purpose whatsoever. 
All financial 
records involving games of chance must be separate and distinguishable from other 
records of the organization. Revenue from more than one game of chance may be entered 
into one account. 
2. Records required for licensee employing tokens. If a licensee employs tokens 
to account for revenue from games Cif chance and if the licensee maintains direct control 
over the sale and redemption of the tokens and keeps accurate records of all tokens used, 
theri the chief may by rule alter or reduce the record-keeping requirements of subsection 1. 
to the extent that a licensee's use of tokens renders those records unnecessary for adequate 
control of the licensee's games. 
3. Disposition of funds reports. Within 10 business days after the last day of any 
period during which a licensed game of chance is conducted with other than an annual 
license or within 10 business days after the end of each calendar month during which a 
licensed game of chance is conducted with an annual license, the licensee shall file with 
the' Chief of the State Police a disposition of funds fonn prescrihed and furnished by the 
Chief of the State 'Police, detailing for the period the total receipts and expenditures of the 
game and the disposition of funds. Every statement must be made under oath by an 
officer of the licensee or by the member in charge of the conduct of the game. 
4: 
Disposition of funds reports from licensee using tokens. 
If tokens are 
employed to account for revenue from games of chance, then the licensee shall report the 
number of tokens sold, the number redeemed and the disposition of funds from the 
proceeds of sale in addition to such other infonnation, as the chief may require under 
subsection 3. 
5. Records maintained for 3 years. Every licensee that has conducted a game of 
chance shall maintain and keep for a period of 3 years reports as may be necessary to 
substantiate the records and reports required by this section or by the rules adopted under 
this chapter. 
6. 
Location. All records maintained by a licensee pursuant to this section and 
pursuant to the rules adopted under this chapter must be kept and maintained on the 
premises where the game of chance has been conducted or at the primary business office 
of the licensee, which must be designated' by the licensee in the license application. 
These records must be open to inspection by the Chief of the State Police or the chiefs 
representative, and a licensee may not refuse the Chief of the State Police or the chiefs 
representative pennission to inspect or audit the records.· Refusal to pennit inspection or 
audit of the records does not constitute a crime under this chapter but constitutes grounds 
for revocation of license. 
§1839. Distributors and printers; records and reports 
1. Printers licensed. A printer in the State may not print materials to be used in the 
conduct of a licensed game of chance unless licensed by the Chief of the State Police. A 
printer licensed under this section may act as a distributor without having to be licensed 
as a distributor as long as neither the printer nor anyone on the printer's behalf acts as a 
seller for services cormected with a game of chance outside of the confines 'of the printer's 
premises described in that printer's license. If that printer or someone else acts as a seller 
for the printer's services in cormedion with a game of chance outside of the premises 
described on that printer's license, either that printer or any person or persons acting on 
that printer's behalf must be licensed as a distributor under subsection 2. 
The applicant for a printer's license, or, if the applicant is a finn, corporation, association 
or other organization, its resident manager, superintendent or official representative shall 
file an application with the Chief of the State Police on a fonn provided by the Chiefof 
the State Police. The Chief of the State Police shall furnish to each applicant a current 
copy of this chapter and the rules adopted under section 1842 and to each licensee a copy 
of any changes or additions to this chapter and the rules adopted under section 1842. 
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2. Distributors licensed .. A distributor may not sell, . lease, market or otherwise 
distribute gambling apparatus or implements unless licensed by the Chief of the State 
Police, except that a license is not required for the sale, marketing or distribution of raffle 
tickets when the holder of the winning chance receives something of value worth less 
than $10,000. 
. . 
A nonresident manufacturer or distributor of gambling apparatus or implements doirig 
business in the State must have an agent in this State who is licensed as a distributor. A 
distributor may not sell, market or otherwise distribute gambling apparatus or implements 
to a person or organization, except to persons or organizations licensed to operate or 
conduct games of chance under section 1832, licensed to conduct a special raffle under 
section Ui36, subsection 2 or 3 or eligible to conduct a raffle pursuant to section 1836, 
subsection 1. A distributor may not lease or loan or otherwise distribute free of charge 
any gambling apparatus or implements to an· organization eligible to operate a game of 
chance, except that a distributor may lease gambling apparatus or implements to an 
agricultural society licensed to operate games of chance on the grounds of the- agricultural 
society and during the armual fair of the agricultural society as long as the distributor 
does not charge the agricultural society an amount in excess of 50% of the gross revenue 
from any licensed game of chance. 
A licensee shall acquire gambling apparatus and implements from a distributor licensed 
under this· section, unless the gambling apparatus or implements are printed, 
manufactured or constructed by the licensed organization. At no time may any licensee 
print, manufacture or construct any gambling apparatus or implements for distribution to 
any other licensee. The applicant for a distributor's license, or, if the applicant is a finn, 
corporation, association or other organization, its resident manager, superintendent. or 
official representative shall file an application with the Chief of the State Police on a fonn 
provided by the Chief of the State Police. The Chief of the State Police shall furnish to 
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each applicant a current.copy of this chapter and the rules adopted under section 1842 and 
to each licensee a copy of any changes or additions to this chapter and the rules adopted 
under section 1842. 
3. Sales agreements. A distributor shall forward to the Chief of the State Police, 
prior to delivery of any gambling machine to the purchaser, a copy of all sales 
agreements, sales contracts or any other agreements involving the sale of any gambling 
machine. The terms of the sales contract must include, but are not limited to, the name of 
seller, name of purchaser, address of seller, address of purchaser, description of the 
gambling machine including serial number and model name and number, total sale price, 
any arrangement or terms for payments and the date of final payment. 
Any change, modification or alteration of these agreements must be reported to the Chief 
of the State Police by the purchaser wiihin 6 days of the change, modification or 
alteration.·· 
. 
4. Service agreements. With the sale of any gambling machine involving a service 
agreement, the distributor shall forward to the Chief of the State Police a copy of the 
agreement prior to delivery of the machine. The terms of the service agreements must 
include, but are not limited to, the name of seller, name of purchaser, address of seller, 
address of purchaser, description of machine to be serviced including serial number and 
model name and number and all prices and payments for that service. 
Any change, modification or alteration of the agreement must be reported to the Chief of 
the State Police by the purchaser within 6 days of the change, modification or alteration. 
S. 
Agricultural societies; leas·e agreements. 
When a gambling apparatus or 
implement is leased as provided in subsection 2 to an agricultural society, the distributor 
shall forward to the Chief of the State' Police a copy of the lease agreement prior to 
delivery of the gambling apparatus or implement. The terms of the lease must include, 
but are not limited to, the name of the lessor; address of the lessor; name of the lessee; 
address of the lessee; description of the gambling ·apparatus or implement; serial number, 
. model name or number of the gambling apparatus or implement; and all prices and 
payments for the lease. Each lease must be for a specific period of time no longer than 
the duration of the annual fair of that lessee, and each gambling apparatus must have its 
own separate lease. Gambling apparatus or implements leased under this section: 
A. May be operated only for the exclusive benefit of the agricultural society, except 
that the agricultural society may pay a distributor up to 50% of gross gaming revenue 
in accordance with subsection 2; and 
B. Must bear the name and address of the distributor. 
6. Reports. At the end of each calendar month, a distributor or printer shall me with 
the Chief of the State Police a report indicating: 
A. The names and addresses of all persons or organizations to which the distributor 
or printer has distributed equipment and the dates of the distribution; 
B. A description of the equipment distributed, including serial number and model 
name and number; and 
C. The quantities of any equipment distributed. 
7. Retention and inspection of records. A distributor or printer shall maintain and 
keep for a period of 3 years, on the premises of the distributor or printer, any records that 
may be necessary to substantiate the reports required by· this section or by the rules 
adopted under this chapter. The records must be open to inspection, and a licensee may 
not refuse the Chief of the State Police or the chiefs representative permission to inspect 
or audit the records. Refusal to permit inspection or audit of the- records does not 
constitute a crime under this chapter but constitutes grounds for revocation of license. 
The Chief of the· State Police shall require from any licensed printer or distributor, or 
from any organization authorized to operate a game of chance, whatever reports 
determined necessary by the chief for the purpose of the administration and enforcement 
of this chapter. 
. 
§1840. Prohibited acts 
1. Schemes prohibited. A license may not be issued under this chapter for the 
conduct or operation ota machine. a slot machine, roulette or games commonly known as 
policy or numbers, except that a license may be issued for an electronic video machine. 
An electromc video machine that constitutes a game of chance is fully governed by this 
chapter. 
2. Prohibited games. The following games are prohibited: 
A. A game that uses objects that are constructed, designed or altered to be other than 
what they appear to be and to respond in a: way other than that in which the average 
player would assume that they would respond, unless that construction, design or 
alteration is permitted in the rules governing that game and the construction, design 
or alteration meets the requirements ofthose rilles: 
B. A game in which the operator either partially or entirely controls the outcome of 
the game by the operator's manner of operating or conducting the game: 
C. A game in which the outcome depends upon the word of the operator against the 
word of the player; and 
D. A game of skill that includes any mechanical or physical device that directly or 
indirectly impedes, impairs or thwarts the skill of the player. 
3. Glass prohibited. The use of glass is prohibited in games of skill pursuant to 
Title 32, section 1873. 
§1841. Investigations and actions on licenses; evidence· 
1. Investigation. 
The Chief of the State Police shall investigate or cause to be 
investigated all complaints made to the chief and all violations of this chapter or the rules 
adopted pursuant to section 1842. 
2. Refusal to issue, modify or renew; modification; suspension; revocation. It is 
grounds for an action to refuse to issue, modify or renew or to modify, suspend or revoke 
the license of a distributor or printer licensed under this chapter if: 
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A. 
The distributor or printer or its resident manager, superintendent or official 
representative made or caused to be made a false statement of material fact in 
obtaining a license under this chapter or in connection with service rendered within 
the scope of the license issued; 
, 
B. 
The distributor or printer or its resident manager, superintendent or official 
representative violated any provision of this chapter or any rule adopted by the Chief 
of the State Police under section 1842. 
(1) Except as provided in subparagraph (2), the Chief of the State Police shall 
give written notice of any violation to the distributor or printer who then has 14 
days to comply. Failure to comply within the 14-day period is grounds for an 
action under this section. 
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(2) If a distributor or printer violates section 1839, subsection 1 or 2, the Chief of 
the State Police is not required to give the notice or allow the compliance period 
provided in subparagraph (1); and 
C. 
The distributor or printer or its resident manager, superintendent or official 
representative has been: 
(1) Convicted of a'crime under this chapter or Title 17-A, chapter 39; or 
(2) Convicted within the prior 10 years of any crime for which imprisonment for 
more than one year may be imposed. 
3. Chief of the State Police. The Chief of the State Police may: 
A. Investigate all aspects of this chapter including the direct and indirect ownership 
or control of anY,licenses; 
B. Suspend, revoke or refuse to issue a license, after notice and the opportunity for a 
hearing, if the applicant, applicant's agent or employee, licensee or licensee's agent or 
employee violates a provision of this chapter or Title 17-A, chapter 39 or fails to 
'meet the statutory requirements for licensure pursuant to this chapter;, 
C. Immediately suspend or revoke a license if there is probable cause to believe that 
the licensee or the licensee's agent or employee violated section 1832, subsection 7, 
paragraph C; section 1840, subsection 2; or a provision of Title 17-A, chapter 39; and 
D. Issue a subpoena in the name of the State Police in accordance with Title 5, 
section 9060, except that tlns authority applies to any stage of an investigation under 
this chapter and is not linlited to an adjudicatory hearing. This authority may not be 
used in the absence of reasonable cause to believe a violation has occurred. If a 
witness refuses to obey a subpoena or to give any evidence relevant to proper inquiry , 
l by the chief, the Attorney General may petition the Superior Court in the county 
where the refusal occurred to find the witness in contempt. The Attorney General , 
shall cause to be served on that witness an order requiring the witness to appear 
before the Superior Court to show cause why the witness should not be adjudged in 
contempt. The court shall, in a summary manner, hear the evidence and, if it is such 
as to warrant the court-in doing so, punish that witness in the same manner and to the 
same extent as for contempt cornn1itted before the Superior Court or with reference to 
the process of the Superior Court. 
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. 4. Licensing actions after notice and opportunity for hearing. The Chief of the 
State Police shall notify the applicant or licensee in writing, before a license is denied, 
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suspended or revoked pursuant to subsection 3, paragraph B, of the intended denial or 
· commencement date of the suspension or revocation, which may not be made any sooner 
than 96 hours after the licensee's receipt of the notice, of the duration of the suspension or 
revocation and of the right to a hearing pursuant to this subsection. The applicant or 
licensee has the right to request a hearing before the Commissioner of Public Safety or 
the commissioner's design,ee. Upon the applicant's Or licensee's request for a hearing, the 
· Commissioner of Public Safety shall provide a hearing. The hearing must comply with 
the Maine Administrative Procedure Act. The purpose of the hearing is to determine 
whether a preponderance of the evidence establishes that the applicant, applicant's agent 
or employee or the licensee or licensee"s agent or employee violated a provision of this 
chapter or Title 17-A, chapter 39. A request for a hearing may not be made any later than . 
days after the applicant or licensee is notified of the proposed denial, suspension or 
revocation. 
The suspension or revocation must be stayed pending the hearing; the 
hearing may not be held any later than 30 days after the date the commissioner receives 
the request unless otherwise agreed by the parties or continued upon request of a party for 
cause shown. 
5.' . ][mmediate suspension or revocation. A licensee whose license is immediately 
suspended or revoked by the Chief of the State Police pursuant to subsection 3, paragraph 
C must be notified in writing of the duration of the suspension or revocation and the 
licensee's right to request a. hearing before the Commissioner of Public Safety or the 
commissioner's dt~si@ee. Upon the licensee's request for a hearing, the Commissioner of 
Public Safety shall provide a hearing. . The hearing must" comply with the Maine 
Administrative Procedure Act. The purpose of the hearing is to determine whether a 
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preponderance of the evidence establishes that the licensee o'r the licensee's agent or 
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employee violated section 1832, subsection 7, paragraph'C; section 1840, subsection 2; or 
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a provision of Title 17-A, chapter 39. A request for a hearing may not be made any later 
than 48 hours after the licensee is notified of the suspension or revocation. A hearing 
may not be held any later than 1 o days after the date the commissioner receives the 
request. 
6. Access to premises. A person, firm, corporation, association or organization 
maldng application to the Chief of the State Police to conduct or operate a game' of 
chance or any such person, firm,. corporation, association or' organization authorized 
under this chapter to conduct or operate a game of chance shall permit inspection of any 
equipment, prizes, records or items and materials used or to be used in the conduct or 
operation of a game of chance by the Chief of the State Police or the chiefs authorized 
representative. 
A finn,' corporation, association or organization licensed to conduct or operate a game of 
· chance shall permit at any time the Department of Public Safety or the city or town fire 
inspectors of the municipality in which the licensed game is being conducted to enter and 
inspect the licensed premises. 
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§1842. Rules 
. The Chief of the State Police has the power to adopt routine technical rules, not 
inconsistent with law, necessary for the administration and enforcement of this chapter 
and for the licensing, conduct and operation of games of chance. The Chief of the State 
Police has the power and authority to regulate, supervise and exercise general control 
over the operation of such games. In establishing such rules, the Chief of the State Police 
must, in addition to the standards set forth in other provisions of this chapter, set forth 
conduct, conditions and activity considered undesirable, including: 
1. Fraud. The practice of any fraud or deception upon a participant in a game of 
chance; 
2. Unsafe premiSeS. The conduct of a game of chance in or at premises that may be 
unsafe due to fire hazard or other such conditions; 
3. Advertising and solicitation. Advertising that is obscene or solicitation on a 
public way of persons to participate in a game of chance; . 
4. 'Organized crime. Infiltration of organized crime into the operation of games of 
chance or into the printing or distributing of gambling materials; 
5. Disorderly persons. Presence of disorderly persons in a location where a.game of 
chance is being conducted; 
6. Leasing of equipment. Use of equipment not owned by a licensee used in the 
operation of games of chance; and 
7. Bona fide nonprofit organization. The establishment of organizations that exist 
primarily to operate games of chance and do not have a bona fide nonprofit charitable, 
educational, political, civic, recreational, fraternal, patriotic, religious or public safety 
purpose. 
. 
The Chief of the State Police shall provide a mechanism for individuals and 
businesses to request a determination from the State Police as to whether a: particular 
game, contest, scheme or device qualifies as a game of chance or a game of skill. 
§1843. Violations 
A person who violates this chapter or rules adopted in accordance with this chapter 
commits a Class D crime .. 
§1844. Administration expenses 
Fees received in accordance with this chapter must be used to administer and enforce 
the provisions of this chapter. 
. 
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§1845. Vending machines 
Nothing in this chapter applies to vending machines the primary purpose of which is 
to dispense beverages, candy, fruit or other food items when a coin or bills are inserted 
into the machine. 
. Sec. 3. Revisor's review; cross-references. 
The Revisor of Statutes shall 
review the Maine Revised Statutes and include in the errors and inconsistencies bill 
submitted to the Second Regular Session of the 124th Legislature pursuant to Title 1, 
section 94 any sections necessary to correct and update .any cross-references in the 
statutes to provisions of law repealed in this Act. 
SUMMARY 
This bill repeals the existing chapter of the Maine Revised Statutes, Title 17 on 
games of chance and replaces it with a new chapter. The provisions governing games of 
chance are the same but structured differently with the intent of clarifying the provisions . 
within the chapter. ,This bill makes changes to cross-references in order to comply with 
'IS 
the new section numbers assigned to the games of chance provisions. 
The only 
substantive change made by the bill is to the definition of "slot machine," which is 
amended by the bill to be consistent with other references to slot machines in the law and 
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to recognize the electroriic nature of modem slot machines. 
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