An Act To Transfer Responsibility for Oversight of Games of Chance to the Gambling Control Board
Maine Legislature, Session 125, LD 1180
Committee: Veterans and Legal Affairs
Sponsors: CAREY
Amends: 8 MRSA §1003, 17 MRSA §311, 17 MRSA §312, 17 MRSA §313, 17 MRSA §314, 17 MRSA §314-A, 17 MRSA §315, 17 MRSA §316, 17 MRSA §317, 17 MRSA §317-A, 17 MRSA §322, 17 MRSA §323, 17 MRSA §324-A, 17 MRSA §325, 17 MRSA §326, 17 MRSA §327, 17 MRSA §328, 17 MRSA §1831, 17 MRSA §1832, 17 MRSA §1833, 17 MRSA §1834, 17 MRSA §1835, 17 MRSA §1836, 17 MRSA §1837, 17 MRSA §1838, 17 MRSA §1839, 17 MRSA §1840, 17 MRSA §1842, 17 MRSA §1843

Legislative Document 
No. 1180 
H.P. 878 
House of Representatives, March 17, 2011 
An Act To Transfer Responsibility for Oversight of Games of 
Chance to the Gambling Control Board 
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative CAREY of Lewiston. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  8 MRSA §1003, sub-§2, as amended by IB 2009, c. 2, §§19 to 21 and by 
PL 2009, c. 571, Pt. HHHH, §1, is further amended to read: 
2.  Duties.  The Commissioner of Public Safety, with the advice and the consent of 
the board, and on a timetable directed by the board, shall hire an executive director who 
shall serve the board and also administer the laws governing the licensing and conduct of 
beano under Title 17, chapter 13-A and games of chance under Title 17, chapter 62.  The 
director shall hire staff in accordance with the Civil Service Law and retain professional 
services that the board considers necessary to carry out its responsibilities.  In addition, 
the board or the director or staff, as delegated by the board, shall: 
A.  Enforce the provisions of this chapter and any rules adopted under this chapter; 
B.  Hear and decide all license and registration applications under this chapter and 
issues affecting the granting, suspension, revocation or renewal of licenses and 
registrations; 
C.  Review the department's reports of its investigation of the qualifications of an 
applicant before a license or registration is issued and investigate the circumstances 
surrounding any act or transaction for which board approval is required; 
D.  Cause the department to investigate any alleged violations of this chapter or rules 
adopted under this chapter and the direct or indirect ownership or control of any 
licensee; 
E.  Refer violations of this chapter to the Attorney General to bring action in the 
courts and administrative tribunals of this State or the United States, in the name of 
the State of Maine.  This paragraph does not limit the authority of district attorneys to 
prosecute criminal violations of the law; 
F.  Collect all licensing and registration fees and taxes imposed by this chapter and 
rules adopted pursuant to this chapter; 
G.  Develop a standard uniform location agreement; 
H.  Pursuant to subchapter 5, cause the department to investigate all complaints made 
to the board regarding ownership, distribution or operation of slot machines and all 
violations of this chapter or rules adopted under this chapter; 
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: 
(1)  The practice of any fraud or deception upon a player of a slot machine or 
table game or a licensee; 
(2)  The presence or location of a slot machine or table game in or 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 
(4)  The presence of disorderly persons in a location where slot machines or table 
games are in use; 
J.  Maintain a central site system of monitoring in real time all slot machines licensed 
in accordance with this chapter using an on-line inquiry; 
K.  Maintain the ability to activate and deactivate the operation of slot machines via 
the central site monitoring system under authority of board staff or persons contracted 
by the board; 
L.  Ensure that the slot machine operator does not have access to any system that is 
capable of programming slot machines; 
M.  Inform commercial track operators applying for a license to operate slot 
machines that any slot machines licensed by the board must be compatible with the 
central site system of on-line monitoring used by the board; 
N.  Cause the central site monitoring system to disable a slot machine that does not 
meet registration requirements provided by this chapter or rules adopted under this 
chapter or as directed by the department; 
O.  Cause the central site monitoring system to disable a slot machine and cause the 
department to seize the proceeds of that slot machine if the funds from that slot 
machine have not been distributed, deposited or allocated in accordance with section 
1036; 
P.  Collect all funds and taxes due to the State under sections 1018 and 1036; 
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; 
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, credits 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; 
S.  Prepare and submit to the department a budget for the administration of this 
chapter; and 
T.  Keep accurate and complete records of its proceedings and certify the records as 
may be appropriate. 
Sec. 2.  17 MRSA §311, sub-§1, as amended by PL 1991, c. 796, §2, is further 
amended to read: 
1.  Beano.  "Beano" means a specific kind of group game of chance, regardless of 
whether such a game is characterized by another name. Wherever the term "beano" is 
used, the word "bingo" or any other word used to characterize such a game may be 
interchanged. In "beano," each participant is given or sold one or more tally cards, so-
called, each of which contains preprinted numbers or letters and may or may not be 
arranged in vertical or horizontal rows. The participant covers or marks the numbers or 
letters as objects similarly numbered or lettered are drawn from a receptacle and the 
winner or winners are determined by the sequence in which those objects are drawn.  The 
manner in which the winner is determined must be clearly announced or displayed before 
any game is begun.  Until July 1, 1994, a game described in this subsection is "beano" 
and a licensee may conduct such a game regardless of whether the manner of determining 
the winner is specifically described as a permissible manner of determining the winner in 
rules adopted by the Chief of State Police director. 
Sec. 3.  17 MRSA §311, sub-§1-A, as enacted by PL 1999, c. 74, §1, is amended 
to read: 
1-A.  Commercial beano hall permit.  "Commercial beano hall permit" means 
written authority from the Chief of the State Police director issued to a permittee who 
rents or leases premises for profit to a licensee to hold, conduct or operate "beano." 
Sec. 4.  17 MRSA §311, sub-§1-C is enacted to read: 
1-C.  Director.  "Director" means the Executive Director of the Gambling Control 
Board within the Department of Public Safety. 
Sec. 5.  17 MRSA §311, sub-§3, as enacted by PL 1975, c. 307, §2, is amended to 
read: 
3.  License.  "License" shall mean means that written authority from the Chief of the 
State Police director to hold, conduct or operate the amusement commonly known as 
"Beano" for the entertainment of the public within the State of Maine.  A location permit 
must accompany the license to be valid. 
Sec. 6.  17 MRSA §311, sub-§4, as enacted by PL 1975, c. 307, §2, is amended to 
read: 
4.  Licensee.  "Licensee" shall mean means any organization which that has been 
granted a license by the Chief of the State Police director to hold, conduct or operate 
"Beano" or "Bingo." 
Sec. 7.  17 MRSA §311, sub-§5, as enacted by PL 1975, c. 307, §2, is amended to 
read: 
5.  Location permit.  "Location permit" shall mean means that card issued by the 
Chief of the State Police, director describing the premises or area in which "Beano" may 
be conducted. Such location permit must be accompanied by a license. Only such 
locations expressly described in the location permit shall may be used for the conduct of 
any game. 
Sec. 8.  17 MRSA §312, sub-§1, as enacted by PL 2003, c. 452, Pt. I, §2 and 
affected by Pt. X, §2, is amended to read: 
1.  License required.  A person, firm, association or corporation may not hold, 
conduct or operate the amusement commonly known as "beano" or "bingo" for the 
entertainment of the public within the State unless that person, firm, association or 
corporation has obtained a license from the Chief of the State Police director. 
Sec. 9.  17 MRSA §313, as enacted by PL 1975, c. 307, §2, is amended to read: 
§313.  Application 
Any organization desiring to conduct such an amusement shall must apply to the 
Chief of the State Police director for a license pursuant to the provisions set forth in this 
section. The application shall must be on forms provided by the Chief of the State Police 
director, shall must be signed by a duly authorized officer of the organization to be 
licensed, shall must contain the full name and address of the organization and the location 
where it is desired to conduct the amusement and shall must bear the consent of the 
municipal officers of the town or city in which it is proposed to operate such amusement. 
Sec. 10.  17 MRSA §314, first ¶, as amended by PL 2009, c. 487, Pt. B, §5, is 
further amended to read: 
The Chief of the State Police director may issue licenses to operate beano or bingo 
games to any volunteer fire department or any agricultural fair association or bona fide 
nonprofit charitable, educational, political, civic, recreational, fraternal, patriotic, 
religious or veterans' organization that was in existence and founded, chartered or 
organized in the State at least 2 years prior to its application for a license, when 
sponsored, operated and conducted for the exclusive benefit of that organization by duly 
authorized members. The Chief of the State Police director may also issue a license to 
any auxiliary associated with an organization, department or association qualified for a 
license under this section if the auxiliary was founded, chartered or organized in this State 
and has been in existence at least 2 years before applying for a license and the games are 
sponsored, operated and conducted for the exclusive benefit of the auxiliary by duly 
authorized members of the auxiliary.  Proceeds from any game conducted by the auxiliary 
or the auxiliary's parent organization may not be used to provide salaries, wages or other 
remuneration to members, officers or employees of the auxiliary or its parent 
organization, except as provided in sections 326 and 1838.  The 2 years' limitation does 
not apply to any organizations in this State having a charter from a national organization, 
or auxiliaries of those organizations, even though the organizations have not been in 
existence for 2 years prior to their application for a license.  The 2 years' limitation does 
not apply to any volunteer fire department or rescue unit or auxiliary of that department 
or unit.  A license may be issued to an agricultural fair association when sponsored, 
operated and conducted for the benefit of such agricultural fair association. 
Sec. 11.  17 MRSA §314-A, sub-§1, as amended PL 2009, c. 487, Pt. B, §6, is 
further amended to read: 
1.  Eligible organizations.  The Chief of the State Police director may issue licenses 
to operate high-stakes beano or high-stakes bingo to a federally recognized Indian tribe. 
A.  The Chief of the State Police director may also issue, to a federally recognized 
tribe, licenses to sell lucky seven or other similar sealed tickets in accordance with 
section 324-A. 
B.  In conjunction with the operation of high-stakes beano, federally recognized 
Indian tribes holding a license under this section may advertise and offer prizes for 
attendance with a value of up to $25,000 under the terms prescribed for raffles in 
section 1837.  Any prize awarded under this paragraph may be awarded only on the 
basis of a ticket of admission to the high-stakes beano game and may only be 
awarded to a person who holds an admission ticket. 
The Chief of the State Police director may not issue more than one license under this 
section to a federally recognized Indian tribe for the same period. 
Sec. 12.  17 MRSA §314-A, sub-§1-A, as amended by PL 2009, c. 505, §1, is 
further amended to read: 
1-A.  Sealed tickets.  The Chief of the State Police director may also issue to any 
federally recognized Indian tribe licenses to sell lucky seven or other similar sealed 
tickets in accordance with section 324-A.  The licensee may operate a dispenser to sell 
the lucky seven or other similar tickets.  As used in this subsection, "dispenser" means a 
mechanical or electrical device or machine that, upon the insertion of money, credit or 
something of value, dispenses printed lucky seven or other similar tickets.  The element 
of chance must be provided by the ticket itself, not by the dispenser.  The Chief of the 
State Police director may adopt rules to facilitate the use of dispensers.  Rules adopted 
pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A. 
Sec. 13.  17 MRSA §314-A, sub-§3, as repealed and replaced by PL 1991, c. 426, 
§4, is amended to read: 
3.  Twenty-seven weekends per year.  An organization licensed under this section 
may operate high-stakes beano games on 27 weekends per year, whether or not 
consecutive.  For purposes of this section, a weekend consists of Saturday and the 
immediately following Sunday.  A high-stakes beano game licensed under this section 
and canceled for any reason may be rescheduled at any time, as long as 5 days prior 
notice of the new date is given to the Chief of the State Police director. 
Sec. 14.  17 MRSA §314-A, sub-§8, as enacted by PL 1991, c. 426, §6, is 
amended to read: 
8.  Report.  Beginning January 15, 1992, any federally recognized Indian tribe 
licensed to conduct high-stakes beano under this section must submit a quarterly report 
on the operation of high-stakes beano to the joint standing committee of the Legislature 
having jurisdiction over legal affairs matters.  The report must include information on the 
number of persons playing high-stakes beano during the preceding calendar quarter, the 
funds collected for high-stakes beano, the total amount awarded in prizes, including 
prizes for attendance, and any other information provided to the Bureau of State Police 
director regarding the operation of high-stakes beano. 
Sec. 15.  17 MRSA §315, as enacted by PL 1975, c. 307, §2, is amended to read: 
§315.  Seasonal licenses 
Notwithstanding section 314, the Chief of the State Police director may issue 
seasonal licenses to operate "Beano" or "Bingo" games in bona fide resort hotels, 
provided as long as they are operated and conducted therein by the management without 
profit and solely for the entertainment of guests of the hotel registered therein, and 
provided that as long as charges, if any, to the guests for participation in such 
entertainment shall be are limited to a maximum of $2 in any 24-hour period. The fee for 
such license shall be is $10 and shall must be paid to the Treasurer of State to be credited 
to the General Fund. Hotel and liquor licenses of any such resort hotel licensees shall may 
not be withheld because of the conducting of such resort hotel of the game of "Beano" or 
"Bingo." 
Sec. 16.  17 MRSA §316, as amended by PL 2001, c. 538, §1, is further amended 
to read: 
§316.  Evidence 
The Chief of the State Police director may require such evidence as the chief director 
may determine necessary to satisfy the chief director that an applicant or organization 
licensed to conduct beano conforms to the restrictions and other provisions of this 
chapter. Charters, organizational papers, bylaws or other such written orders of founding 
that outline or otherwise explain the purpose for which organizations were founded must, 
upon request, be forwarded to the Chief of the State Police director.  The Chief of the 
State Police director may require such evidence as the chief director may determine 
necessary regarding the conduct of beano by a licensee to determine compliance with this 
chapter. 
Sec. 17.  17 MRSA §317, first ¶, as amended by PL 1999, c. 74, §2, is further 
amended to read: 
The Chief of the State Police director has the power to adopt rules, not inconsistent 
with law, that are necessary for the administration and enforcement of this chapter and for 
the licensing, conduct and operation of the amusement commonly known as "Beano" or 
"Bingo" and for the permitting and operation of commercial beano halls.  The Chief of 
the State Police director has the power and authority to regulate, supervise and exercise 
general control over the operation of such amusement and commercial beano halls, 
including, but not limited to, the payment of prizes and the use of equipment. Any rule 
adopted by the Chief of the State Police director concerning the value of prizes that may 
be awarded must include a provision that no single prize may exceed $400 in value and 
that no more than $1,400 in total prizes may be awarded on any one occasion.  In 
establishing such rules, which are routine technical rules pursuant to Title 5, chapter 375, 
subchapter II-A 2-A, the Chief of the State Police director must, in addition to the 
standards set forth in other provisions of this chapter, use the following standards setting 
forth conduct, conditions and activity considered undesirable: 
Sec. 18.  17 MRSA §317-A, as amended by PL 2001, c. 342, §2, is further 
amended to read: 
§317-A.  Investigations; actions on licenses 
1.  Director.  The Chief of the State Police director may: 
A.  Investigate all aspects of this chapter including the direct and indirect ownership 
or control of any licenses or commercial beano hall permits; 
B.  Suspend, revoke or refuse to issue a license, after notice of 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 a provision of Title 17-A, 
chapter 39; 
D.  Suspend or revoke a commercial beano hall permit, after notice of the opportunity 
for hearing, if a permittee or permittee's employee commits murder or a Class A, B or 
C crime or violates a provision of this chapter or Title 17-A, chapter 15, 29, 37 or 39; 
E.  Immediately suspend or revoke a commercial beano hall permit if there is 
probable cause to believe that the permittee or the permittee's employee committed 
murder or a Class A, B or C crime or violated a provision of Title 17-A, chapter 15, 
29, 37 or 39; and 
F.  Issue In coordination with the State Police, issue a subpoena in the name of the 
State Police in accordance with Title 5, section 9060, except that this authority 
applies to any stage of an investigation under this chapter and is not limited 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 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 committed 
before the Superior Court or with reference to the process of the Superior Court. 
2.  Licensing action after notice and opportunity for hearing.  The Chief of the 
State Police director shall notify the applicant, licensee or permittee in writing, before a 
license or permit is denied, suspended or revoked pursuant to subsection 1, paragraph B 
or D, 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 or permittee'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, licensee or permittee has the right to 
request a hearing before the Commissioner of Public Safety or the commissioner's 
designee.  Upon the applicant's, licensee's or permittee'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, licensee or licensee's agent or employee violated a provision of this chapter 
or Title 17-A, chapter 39 or the permittee or the permittee's employee committed murder 
or a Class A, B or C crime or violated a provision of this chapter or Title 17-A, chapter 
15, 29, 37 or 39.  A request for a hearing may not be made any later than 10 days after the 
applicant, licensee or permittee is notified of the proposed denial, suspension or 
revocation.  The suspension or revocation action 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. 
3.  Immediate suspension or revocation.  A licensee whose license or permittee 
whose permit is immediately suspended or revoked by the Chief of the State Police 
director pursuant to subsection 1, paragraph C or E must be notified in writing of the 
duration of the suspension or revocation and the licensee's or the permittee's right to 
request a hearing before the Commissioner of Public Safety or the commissioner's 
designee.  Upon the licensee's or permittee'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 licensee or the licensee's agent or 
employee violated a provision of Title 17-A, chapter 39 or the permittee or the permittee's 
employee committed murder or a Class A, B or C crime or violated a provision of Title 
17-A, chapter 15, 29, 37 or 39.  A request for a hearing may not be made any later than 
hours after the licensee or permittee is notified of the suspension or revocation.  A 
hearing may not be held any later than 10 days after the date the commissioner receives 
the request. 
Sec. 19.  17 MRSA §322, as amended by PL 1999, c. 74, §4, is further amended to 
read: 
§322.  Reports 
The Chief of the State Police director shall require from any organization licensed to 
operate "Beano" or "Bingo" and any individual, corporation, partnership or 
unincorporated association that has a permit to operate a commercial beano hall whatever 
reports the chief director determines necessary for the purpose of the administration and 
enforcement of this chapter. 
Sec. 20.  17 MRSA §323, first ¶, as amended by PL 1999, c. 74, §5, is further 
amended to read: 
An organization making application to the Chief of the State Police director to 
conduct or operate "Beano" or "Bingo," an organization licensed under this chapter to 
operate "Beano" or "Bingo," a commercial beano hall permit applicant or a commercial 
beano hall permittee shall permit inspection of any equipment, prizes, records or items 
and materials used or to be used in the conduct or operation of "Beano" or "Bingo" by the 
Chief of the State Police director or the chief's authorized representative director's 
designee. 
Sec. 21.  17 MRSA §324-A, sub-§2, ¶C, as amended by PL 2007, c. 110, §1, is 
further amended to read: 
C.  Lucky seven or similar sealed tickets may be sold when that game of chance is 
licensed by the Chief of the State Police director and when a valid license certificate 
is properly displayed.  Notwithstanding the other provisions of this section and 
section 312, lucky seven games may be conducted during the period beginning 2 
hours before and ending 2 hours after a "beano" game. 
Notwithstanding any other rule, lucky seven or other similar sealed tickets may be 
sold that have a sale value of $1 or less, and a person who sells or distributes "beano" 
cards or materials used to play "beano" prior to the conduct of "beano" as a volunteer, 
as provided in this section, is permitted to play in the "beano" game. 
Sec. 22.  17 MRSA §325, as repealed and replaced by PL 2003, c. 452, Pt. I, §11 
and affected by Pt. X, §2, is amended to read: 
§325.  Penalties 
1.  Violation of chapter or rules; general penalty.  Except as otherwise specifically 
provided, a person, firm, association or corporation that violates a provision of this 
chapter or a rule of the Chief of the State Police director prescribed by authority of this 
chapter commits a civil violation for which a fine of not more than $1,000 may be 
adjudged. 
2.  Commercial beano hall violations.  A person, corporation, partnership or 
unincorporated association that rents or leases a building or facilities to hold, conduct or 
operate "beano" or "bingo" commits a Class E crime if that person, corporation, 
partnership or unincorporated association: 
A.  Rents or leases a building or facilities to hold, conduct or operate a "beano" or 
"bingo" game without a commercial beano hall permit issued by the Chief of the 
State Police director; or 
B.  Violates a provision of this chapter or a rule adopted by the Chief of the State 
Police director pursuant to this chapter. 
Violation of this subsection is a strict liability crime as defined in Title 17-A, section 34, 
subsection 4-A. 
Sec. 23.  17 MRSA §326, sub-§1-A, ¶C, as enacted by PL 1993, c. 45, §3, is 
amended to read: 
C.  Defray the expenses or part of the expenses of a member, auxiliary member, 
officer or employee of the organization for a serious illness, injury or casualty loss if 
the licensee makes an application and the application is approved by the licensing 
division within the Bureau of State Police director. 
(1)  An application must be made in the form and contain the information the 
licensing division requires. 
(a)  In the case of serious illness or injury, the licensing division may require 
certification by a licensed physician setting out the facts in support of the 
application. 
(b)  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. 
(c)  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. 
Sec. 24.  17 MRSA §326, sub-§1-B, as enacted by PL 1993, c. 45, §3, is amended 
to read: 
1-B.  Filing.  An organization that chooses to use the proceeds or part of the proceeds 
as allowed by subsection 1-A must file with the Chief of the State Police director, at least 
quarterly, a form for the disposition of funds prescribed by the Chief of the State Police 
director detailing all payments made.  Every statement on the form must be made under 
oath by an officer of the organization. 
Sec. 25.  17 MRSA §326, sub-§2, as amended by PL 1993, c. 45, §4, is further 
amended to read: 
2.  Rules.  The rules adopted pursuant to section 317 must contain standards 
governing payments made under this section.  Payments under subsection 1-A, paragraph 
A may not exceed 20% of the revenue generated by the games and the rules must limit 
payments to reasonable compensation, taking into account the nature of the services 
rendered, comparable wage rates, the size of the organization and other revenues, the size 
of the games and the revenue generated by the games.  The Chief of the State Police 
director may disallow any excessive payment of proceeds, may suspend an organization's 
license for excessive payment of proceeds and may condition the restoration of an 
organization's license on the repayment of an excessive payment of proceeds by the 
organization. 
Sec. 26.  17 MRSA §327, as enacted by PL 1997, c. 232, §1, is amended to read: 
§327.  Nonsmoking area 
The Chief of State Police director shall adopt rules that allow a licensee to establish a 
nonsmoking area within the room or outdoor area where the operator calls the numbers.  
Visibility and access between the smoking and nonsmoking areas may not be impeded 
except that a doorway may be installed.  Both the smoking and nonsmoking areas must 
have a public address system and a master board, electric flashboard or chalkboard visible 
to all players.  A member of the licensee must be present during the game in both the 
smoking and the nonsmoking areas.  Rules adopted pursuant to this section are routine 
technical rules as defined by Title 5, chapter 375, subchapter II-A 2-A. 
Sec. 27.  17 MRSA §328, sub-§1, as enacted by PL 1999, c. 74, §7, is amended to 
read: 
1.  Permit required.  An individual, corporation, partnership or unincorporated 
association may not rent or lease space for profit to a licensee to hold, conduct or operate 
"Beano" or "Bingo" unless a commercial beano hall permit is obtained from the Chief of 
the State Police director. 
Sec. 28.  17 MRSA §328, sub-§2, as enacted by PL 1999, c. 74, §7, is amended to 
read: 
2.  Application.  An individual, corporation, partnership or unincorporated 
association desiring to rent or lease space for profit for the purpose given in subsection 1 
shall apply to the Chief of the State Police director for a commercial beano hall permit.  
The application must be on forms provided by the Chief of the State Police director, must 
contain the full name and address of the individual or entity seeking to be permitted and 
the location of the building or facility to be rented or leased.  An applicant who is an 
individual shall list the individual's name and address.  An applicant that is a corporation, 
partnership or unincorporated association shall also list the names and addresses of any 
owners with a 10% or greater interest in the corporation, partnership or unincorporated 
association seeking the permit. 
A.  The applicant shall submit 2 fingerprint cards bearing the legible rolled and flat 
impression of the fingerprints of the owner, if the owner is an individual, of any 
owner who owns or controls a 50% or greater interest in the corporation, partnership 
or the unincorporated association, and, of the manager, if the manager is not the 
owner as previously described, prepared by a state or local public law enforcement 
agency to be forwarded to the State Bureau of Identification for the purpose of 
conducting state and national criminal history record checks. 
Sec. 29.  17 MRSA §328, sub-§3, as enacted by PL 1999, c. 74, §7, is amended to 
read: 
3.  Renewal; change of ownership or manager.  A permittee seeking to renew a 
permit shall submit an application, but is not required to submit additional fingerprint 
cards.  The permittee is required to notify the Chief of the State Police director of any 
change in ownership or management of the commercial beano hall.  The Chief of the 
State Police director may require additional information or fingerprint submission 
subsequent to a change in ownership or management. 
Sec. 30.  17 MRSA §328, sub-§4, as enacted by PL 1999, c. 74, §7, is amended to 
read: 
4.  Use of criminal history record.  The Chief of the State Police director may use 
state and federal criminal history record information for the purpose of screening 
applicants.  The Chief of the State Police director may refuse to issue or renew a permit 
for an individual, corporation, partnership or unincorporated association if an owner or 
manager has been found guilty of murder or a Class A, B or C crime or a violation of this 
chapter or Title 17-A, chapter 15, 29, 37 or 39 or a similar law in another state or 
jurisdiction, unless that conduct is not punishable as a crime under the laws of that state 
or other jurisdiction in which it occurred. 
Sec. 31.  17 MRSA §328, sub-§5, as enacted by PL 1999, c. 74, §7, is amended to 
read: 
5.  Duration of permit and fee.  The Chief of the State Police director may issue a 
commercial beano hall permit for a calendar year for a fee of $500. 
Sec. 32.  17 MRSA §1831, sub-§2-A is enacted to read: 
2-A.  Director.  "Director" means the Executive Director of the Gambling Control 
Board within the Department of Public Safety. 
Sec. 33.  17 MRSA §1831, sub-§8, as enacted by PL 2009, c. 487, Pt. A, §2, is 
amended to read: 
8.  Licensee. "Licensee" means a firm, corporation, association or organization 
licensed by the Chief of the State Police director to operate a game of chance. 
Sec. 34.  17 MRSA §1832, as enacted by PL 2009, c. 487, Pt. A, §2, is amended to 
read: 
§1832.  Licenses 
1.  License required.  Except as provided in section 1833, 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 director 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 director may issue a license to operate a game of chance to an organization 
that submits a completed application as described in subsection 5 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 of the organizations in paragraphs A to C. 
3.  Must be 18 years of age.  The Chief of the State Police director may not accept 
an application from or issue a license under this section to a representative of an eligible 
organization who is not 18 years of age or older. 
4.  Municipal approval required.  An eligible organization described in subsection 
applying for a license to conduct a game of chance shall obtain written approval from 
the local governing authority where the game of chance is to be operated or conducted.  
This written approval must be submitted with the application to the Chief of the State 
Police director as described in subsection 5. 
5.  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 director.  The application must be in a form provided by the Chief of the State 
Police director 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 director 
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. 
6.  Multiple licenses.  The Chief of the State Police director 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.  
7.  Agricultural fairs.  Notwithstanding any provision in this chapter to the contrary, 
in addition to games of chance, the Chief of the State Police director may issue a license 
to conduct or operate games of chance known as "penny falls" or "quarter falls" at any 
agricultural fair, as long as the net revenue from those games is retained by the licensed 
agricultural society. 
8.  Electronic video machines.  The Chief of the State Police director may issue a 
game of chance license to operate an electronic video machine to any eligible 
organization described in subsection 2. 
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. 
F.  An electronic video machine licensed under this subsection may not be operated 
in a manner that meets the definition of illegal gambling machine as described in 
Title 17-A, section 952, subsection 5-A. 
Sec. 35.  17 MRSA §1833, sub-§3, as enacted by PL 2009, c. 487, Pt. A, §2, is 
amended to read: 
3.  Registration required.  In order to conduct games of chance without a license in 
accordance with this section, an organization must register with the Chief of the State 
Police director. Registrations made in accordance with this section are valid for one 
event. The registration must include the following: 
A.  The name and tax identification number of the organization and the charitable 
purpose for which the games of chance are being conducted; 
B.  The names of the members of the organization who are responsible for overseeing 
the operation of the games of chance; 
C.  The date, time and location of the event at which games of chance will be 
conducted; 
D.  The number and types of games of chance to be conducted; 
E.  An oath and acknowledgement by the applicant that the information contained in 
the registration is true and accurate; and 
F.  A registration fee of $30. 
Sec. 36.  17 MRSA §1833, sub-§6, as enacted by PL 2009, c. 487, Pt. A, §2, is 
amended to read: 
6.  Revenue and disposition of funds report.  An organization that conducts games 
of chance in accordance with this section shall file a disposition of funds form prescribed 
and furnished by the Chief of the State Police director reporting the total revenue from 
games of chance conducted within 12 calendar months of the date when the first game 
conducted without a license took place and the amount of revenue spent to support the 
charitable purposes for which the games were conducted.  Every statement in the report 
must be made under oath by an officer of the organization or by the member in charge of 
the conduct of the games. 
Sec. 37.  17 MRSA §1833, sub-§7, as enacted by PL 2009, c. 487, Pt. A, §2, is 
amended to read: 
7.  Violation.  If an organization that has registered to conduct games of chance is 
found to have violated any provision of this section, the net revenue from any games of 
chance conducted is forfeited to the Chief of the State Police director.  If an organization 
is found to have violated any provision of this section, the Chief of the State Police 
director is prohibited from accepting a registration as provided by this section from that 
organization or a person listed on the registration for that organization for a period of 10 
years. 
Sec. 38.  17 MRSA §1834, sub-§2, as enacted by PL 2009, c. 487, Pt. A, §2, is 
amended to read: 
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. 
The Chief of the State Police director may issue any combination 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 of up to 12 months on one application. 
Sec. 39.  17 MRSA §1834, sub-§3, as amended by PL 2009, c. 652, Pt. C, §2 and 
affected by §4, is further amended to read: 
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 8 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 director 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 be issued for a period of 
up to 12 months. 
Sec. 40.  17 MRSA §1835, sub-§3, as enacted by PL 2009, c. 487, Pt. A, §2, is 
amended to read: 
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 agricultural society may use cash, tickets, tokens or other devices 
approved by the Chief of the State Police director by rule. 
Notwithstanding any other provision of this section, the tickets, tokens or other devices 
approved by the Chief of the State Police director 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 director may be sold and redeemed only by a 
person who has been a member or active volunteer of the agricultural society for 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 1839. 
Sec. 41.  17 MRSA §1835, sub-§4, as enacted by PL 2009, c. 487, Pt. A, §2, is 
amended to read: 
4.  Persons under 18 years of age; exception.  Except as provided in this 
subsection, a licensee, game owner or operator may not permit a person under 18 years of 
age to take part in a game of chance, and a person under 18 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 director and a determination by the chief 
director that a game of chance licensed to be conducted at a festival-style event is 
designed to attract players under 18 years of age and awards a nonmonetary prize valued 
at less than $10 for every chance played, the chief director may permit: 
A.  Persons under 18 years of age to conduct or operate the game of chance; and 
B.  Persons under 18 years of age to play the game of chance without being 
accompanied by an adult. 
Nothing in this subsection permits games of chance to be operated without a license. 
Sec. 42.  17 MRSA §1836, first ¶, as enacted by PL 2009, c. 487, Pt. A, §2, is 
amended to read: 
The Chief of the State Police director may issue a license to conduct a tournament 
game 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 director may not issue 
a tournament game license to an organization more than once per month. 
Sec. 43.  17 MRSA §1836, sub-§1, as enacted by PL 2009, c. 487, Pt. A, §2, is 
amended to read: 
1.  Local governing authority approval.  An organization applying for a tournament 
game license must first receive approval by the local governing authority where the game 
is to be conducted.  Proof of approval from the local governing authority must be 
provided to the Chief of the State Police director upon application for a tournament game 
license. 
Sec. 44.  17 MRSA §1836, sub-§2, as enacted by PL 2009, c. 487, Pt. A, §2, is 
amended to read: 
2.  License application.  An organization must submit a license application to the 
Chief of the State Police director on a form provided by the Chief of the State Police 
director.  The license application must specify one or more charitable organizations that 
the proceeds of the tournament game are intended to benefit.  For the purposes of this 
section, "charitable organization" means a person or entity, including a person or entity in 
a foreign state as defined in Title 14, section 8502, 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. 
Sec. 45.  17 MRSA §1836, sub-§6, as enacted by PL 2009, c. 487, Pt. A, §2, is 
amended to read: 
6.  Cost of administration; surplus.  The Chief of the State Police director 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. 
Sec. 46.  17 MRSA §1837, sub-§2, as enacted by PL 2009, c. 487, Pt. A, §2, is 
amended to read: 
2.  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 director 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 not more 
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 1835, subsection 1 does not apply to raffles licensed under this section. 
B.  The Chief of the State Police director 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 director. 
Sec. 47.  17 MRSA §1837, sub-§4, as enacted by PL 2009, c. 487, Pt. A, §2, is 
amended to read: 
4.  Raffle tickets sold by volunteers.  Notwithstanding section 1835, subsection 2, 
tickets for raffles licensed in accordance with this section may be sold by persons other 
than members of the licensed organization as long as the persons selling the tickets are 
uncompensated volunteers for the organization and the names of the volunteers who sell 
the tickets are provided to the Chief of the State Police director within 10 days of 
issuance of the raffle license. 
Sec. 48.  17 MRSA §1838, sub-§2, ¶B, as enacted by PL 2009, c. 487, Pt. A, §2, 
is amended to read: 
B.  Defray the expenses or part of the expenses of a member, auxiliary member, 
officer or employee of the organization for a serious illness, injury 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 director.  An 
application 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. 
Sec. 49.  17 MRSA §1838, sub-§3, as enacted by PL 2009, c. 487, Pt. A, §2, is 
amended to read: 
3.  Rules.  The Chief of the State Police director shall adopt routine technical rules in 
accordance with Title 5, chapter 375 to carry out this section. 
Sec. 50.  17 MRSA §1839, sub-§2, as enacted by PL 2009, c. 487, Pt. A, §2, is 
amended to read: 
2.  Records required for licensee employing tokens.  If a licensee employs tokens 
to account for revenue from games of chance and if the licensee maintains direct control 
over the sale and redemption of the tokens and keeps accurate records of all tokens used, 
then the chief director 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. 
Sec. 51.  17 MRSA §1839, sub-§3, as enacted by PL 2009, c. 487, Pt. A, §2, is 
amended to read: 
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 director a disposition of funds form prescribed and furnished 
by the Chief of the State Police director, 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. 
Sec. 52.  17 MRSA §1839, sub-§4, as enacted by PL 2009, c. 487, Pt. A, §2, is 
amended to read: 
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 information as the chief director may require 
under subsection 3. 
Sec. 53.  17 MRSA §1839, sub-§6, as enacted by PL 2009, c. 487, Pt. A, §2, is 
amended to read: 
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 director or the 
chief's director's representative, and a licensee may not refuse the Chief of the State 
Police director or the chief's director's 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. 
Sec. 54.  17 MRSA §1840, as enacted by PL 2009, c. 487, Pt. A, §2, is amended to 
read: 
§1840.  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 
director. 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 connected 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 connection 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 firm, corporation, association 
or other organization, its resident manager, superintendent or official representative shall 
file an application with the Chief of the State Police director on a form provided by the 
Chief of the State Police director. The Chief of the State Police director shall furnish to 
each applicant a current copy of this chapter and the rules adopted under section 1843 and 
to each licensee a copy of any changes or additions to this chapter and the rules adopted 
under section 1843. 
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 director, 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 doing 
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 1837, subsection 2 or eligible to conduct a raffle pursuant to section 1837, 
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 annual 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 firm, 
corporation, association or other organization, its resident manager, superintendent or 
official representative shall file an application with the Chief of the State Police director 
on a form provided by the Chief of the State Police director. The Chief of the State Police 
director shall furnish to each applicant a current copy of this chapter and the rules 
adopted under section 1843 and to each licensee a copy of any changes or additions to 
this chapter and the rules adopted under section 1843. 
3.  Sales agreements. A distributor shall forward to the Chief of the State Police 
director, 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 director by the purchaser within 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 director 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 director by the purchaser within 6 days of the change, modification or 
alteration. 
5.  Agricultural societies; lease 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 director 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 file with 
the Chief of the State Police director 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 director or the chief's director's 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. 
8.  Reports generally.  The Chief of the State Police director 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. 
Sec. 55.  17 MRSA §1842, as enacted by PL 2009, c. 487, Pt. A, §2, is amended to 
read: 
§1842.  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 or to the director and all violations of this 
chapter or the rules adopted pursuant to section 1843. 
2.  Refusal to issue, modify or renew; modification; suspension; revocation. Each 
of the following 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: 
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 director under section 1843. 
(1)  Except as provided in subparagraph (2), the Chief of the State Police director 
shall give written notice of any violation to the distributor or printer who then has 
days to comply. Failure to comply within the 14-day period is grounds for an 
action under this section. 
(2)  If a distributor or printer violates section 1840, subsection 1 or 2, the Chief of 
the State Police director is not required to give the notice or allow the compliance 
period provided in subparagraph (1); or 
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.  Director.  The Chief of the State Police director 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 8, 
paragraph C; section 1841, subsection 2; or a provision of Title 17-A, chapter 39; 
D.  Issue a subpoena in the name of the State Police in accordance with Title 5, 
section 9060, except that this authority applies to any stage of an investigation under 
this chapter and is not limited 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 
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 committed before the Superior Court or with reference to 
the process of the Superior Court; and 
E.  Require such evidence as the chief director determines necessary to satisfy the 
chief director that an applicant or organization licensed to conduct games of chance 
conforms to the restrictions and other provisions of this chapter.  Charters, 
organizational papers, bylaws or other such written orders of founding that outline or 
otherwise explain the purpose for which an organization was founded, must, upon 
request, be forwarded to the Chief of the State Police director.  The Chief of the State 
Police director may require of any licensee or of any person operating, conducting or 
assisting in the operation of a licensed game of chance evidence as the chief director 
may determine necessary to satisfy the chief director that the person is a duly 
authorized member of the licensee or a person employed by the licensee as a 
bartender as required by section 1835, subsection 2.  Upon request, this evidence 
must be forwarded to the Chief of the State Police director.  The Chief of the State 
Police director may require such evidence as the chief director may determine 
necessary regarding the conduct of games of chance by a licensee to determine 
compliance with this chapter. 
4.  Licensing actions after notice and opportunity for hearing.  The Chief of the 
State Police director shall notify the applicant or licensee in writing, before a license is 
denied, 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 designee.  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 10 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.  Immediate suspension or revocation.  A licensee whose license is immediately 
suspended or revoked by the Chief of the State Police director 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 designee.  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 preponderance of the evidence establishes that the licensee or the licensee's 
agent or employee violated section 1832, subsection 8, paragraph C; section 1841, 
subsection 2; or 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 10 days after the date the commissioner receives 
the request. 
6.  Access to premises.  A person, firm, corporation, association or organization 
making application to the Chief of the State Police director 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 director or the chief's 
director's authorized representative. 
A firm, 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. 
Sec. 56.  17 MRSA §1843, first ¶, as enacted by PL 2009, c. 487, Pt. A, §2, is 
amended to read: 
The Chief of the State Police director may adopt routine technical rules pursuant to 
Title 5, chapter 375, subchapter 2-A 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 director may regulate, supervise and exercise general control over the 
operation of such games. In establishing such rules, the Chief of the State Police director 
must, in addition to the standards set forth in other provisions of this chapter, set forth 
conduct, conditions and activity considered undesirable, including: 
Sec. 57.  17 MRSA §1843, last ¶, as enacted by PL 2009, c. 487, Pt. A, §2, is 
amended to read: 
The Chief of the State Police director shall provide a mechanism for individuals and 
businesses to request a determination from the State Police director as to whether a 
particular game, contest, scheme or device qualifies as a game of chance or a game of 
skill. 
Sec. 58.  Report; legislation.  The Executive Director of the Gambling Control 
Board within the Department of Public Safety shall review the laws governing the 
administration and enforcement of the laws governing beano and games of chance and 
submit a report by February 1, 2012 to the Joint Standing Committee on Veterans and 
Legal Affairs.  The report must include recommendations for legislation to amend the 
laws governing beano and games of chance to ensure that the executive director is vested 
with the authority to administer those laws and that the Commissioner of Public Safety 
will provide law enforcement assistance as necessary.  The Joint Standing Committee on 
Veterans and Legal Affairs is authorized to submit legislation in relation to this report to 
the Second Regular Session of the 125th Legislature. 
SUMMARY 
This bill transfers the responsibility of the administration of the laws governing beano 
and games of chance from the Chief of the State Police to the Executive Director of the 
Gambling Control Board within the Department of Public Safety.  It also requires the 
executive director to submit a report to the Joint Standing Committee on Veterans and 
Legal Affairs with recommended legislation to ensure that the executive director has been 
vested with the authority to completely administer those laws.