An Act to Amend Maine's Charitable Organization Gaming Laws
Maine Legislature, Session 131, LD 2108
Committee: Veterans and Legal Affairs
Sponsors: TIMBERLAKE
Amends: 17 MRSA §317-A, 17 MRSA §1835-A, 17 MRSA §1842

Legislative Document
No. 2108
S.P. 901
In Senate, January 3, 2024
An Act to Amend Maine's Charitable Organization Gaming Laws
Submitted by the Department of Public Safety pursuant to Joint Rule 203.
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator TIMBERLAKE of Androscoggin.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  17 MRSA §317-A, sub-§1, ¶E, as amended by PL 2001, c. 342, §2, is 
further amended to read:
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
Sec. 2.  17 MRSA §317-A, sub-§1, ¶F, as amended by PL 2017, c. 284, Pt. JJJJJ, 
§20, is further amended to read:
F.  Issue a subpoena in the name of the Gambling Control Unit 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 
unit, 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
Sec. 3.  17 MRSA §317-A, sub-§1, ¶G is enacted to read:
G.  In addition to a fine imposed pursuant to section 325, impose a fine of not more 
than $100 per violation on a licensee or registrant or a licensee's or registrant's agent 
or employee that has violated a provision of this chapter or a rule of the Gambling 
Control Unit prescribed by authority of this chapter.
The Gambling Control Unit shall notify the licensee or registrant in writing that a fine 
is imposed pursuant to this paragraph and of the right to a hearing pursuant to this 
paragraph. The licensee or registrant has the right to request a hearing before the 
Commissioner of Public Safety or the commissioner's designee. Upon the licensee's or 
registrant'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 registrant or the licensee's or registrant's agent or 
employee violated a provision of this chapter or a rule of the Gambling Control Unit 
prescribed by authority of this chapter. A request for a hearing may not be made any 
later than 10 days after the licensee or registrant is notified of the fine. The imposition 
of the fine must be stayed pending the hearing; the hearing may not be held any later 
than 30 days after the date the Commissioner of Public Safety receives the request 
unless otherwise agreed by the parties or continued upon request of a party for cause 
shown.
The Gambling Control Unit may execute a consent agreement that resolves the issue 
of a fine imposed pursuant to this paragraph on a licensee or registrant or a licensee's 
or registrant's agent or employee without further proceedings. A consent agreement 
may be entered into only with the consent of the licensee or registrant or the licensee's 
or registrant's agent or employee; the Gambling Control Unit; and the Department of 
the Attorney General. A consent agreement does not absolve any person from potential 
liability for criminal violations.
Sec. 4.  17 MRSA §1835-A, sub-§5, as amended by PL 2019, c. 117, §6, is further 
amended to read:
5.  Location.  A registration for a game of chance must specify the location where the 
organization may operate the game.  A registrant 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 registrant may operate a game of chance at a time on the same 
premises. An agricultural society shall determine the number of registrants permitted 
to operate a game of chance during the annual fair of the agricultural society. In any 
room where a registered game of chance is being conducted, there must be at least one 
member of the organization registered to conduct games of chance present in that room 
for every 2 nonmembers who are present.  That member must have been a member of 
the registered organization for at least one year.  A member of the organization 
registered to conduct games of chance, either directly or through another member or 
guest, may not stake or risk something of value in the registrant's game of chance unless 
the member has been a member of the organization registered to conduct games of 
chance for at least 14 days not including the day of admission into membership.
A bona fide nonprofit organization may operate a registered game of chance to which the 
general public has access no more than 4 times in a calendar year for a period not to exceed 
consecutive days the duration of the annual fair of an agricultural society or the duration 
of a special event.  The game of chance may be operated at any location described in the 
organization's registration and may be conducted only by members of the registrant.  This 
subsection does not apply to raffles conducted in accordance with section 1837‑A.
Sec. 5.  17 MRSA §1842, sub-§3, ¶D, as amended by PL 2017, c. 284, Pt. KKKKK, 
§29, is further amended to read:
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 
unit, 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
Sec. 6.  17 MRSA §1842, sub-§3, ¶E, as amended by PL 2017, c. 284, Pt. KKKKK, 
§29, is further amended to read:
E.  Require such evidence as the unit determines necessary to satisfy the unit that an 
applicant or organization licensed or registered to conduct games under this chapter 
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 Gambling Control Unit.  The Gambling Control Unit may 
require of any licensee, registrant or person registering or of any person operating, 
conducting or assisting in the operation of a game licensed or registered under this 
chapter, evidence as the unit may determine necessary to satisfy the unit that the person 
is a duly authorized member of the licensee, registrant or person registering or a person 
employed by the licensee, registrant or person registering as a bartender as required by 
section 1835, subsection 2 and section 1835‑A, subsection 2.  Upon request, this 
evidence must be forwarded to the Gambling Control Unit.  The Gambling Control 
Unit may require such evidence as the unit may determine necessary regarding the 
conduct of games authorized under this chapter to determine compliance with this 
chapter.; and
Sec. 7.  17 MRSA §1842, sub-§3, ¶F is enacted to read:
F.  In addition to a fine imposed pursuant to section 1844, impose a fine of not more 
than $100 per violation on a licensee or registrant or a licensee's or registrant's agent 
or employee that has violated a provision of this chapter or a rule of the Gambling 
Control Unit prescribed by authority of this chapter.
The Gambling Control Unit shall notify the licensee or registrant in writing that a fine 
is imposed pursuant to this paragraph and of the right to a hearing pursuant to this 
paragraph. The licensee or registrant has the right to request a hearing before the 
Commissioner of Public Safety or the commissioner's designee. Upon the licensee's or 
registrant'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 registrant or the licensee's or registrant's agent or 
employee violated a provision of this chapter or a rule of the Gambling Control Unit 
prescribed by authority of this chapter. A request for a hearing may not be made any 
later than 10 days after the licensee or registrant is notified of the fine. The imposition 
of the fine must be stayed pending the hearing; the hearing may not be held any later 
than 30 days after the date the Commissioner of Public Safety receives the request 
unless otherwise agreed by the parties or continued upon request of a party for cause 
shown.
The Gambling Control Unit may execute a consent agreement that resolves the issue 
of a fine imposed pursuant to this paragraph on a licensee or registrant or a licensee's 
or registrant's agent or employee without further proceedings. A consent agreement 
may be entered into only with the consent of the licensee or registrant or the licensee's 
or registrant's agent or employee; the Gambling Control Unit; and the Department of 
the Attorney General. A consent agreement does not absolve any person from potential 
liability for criminal violations.
SUMMARY
This bill allows the Department of Public Safety, Gambling Control Unit to impose a 
fine of not more than $100 per violation on a beano or games of chance licensee or 
registrant or a licensee's or registrant's agent or employee that has violated the laws or rules 
governing beano or games of chance, subject to an appeal and hearing before the 
Commissioner of Public Safety. It also allows the issue of the imposition of such a fine to 
be resolved by the execution of a consent agreement.
The bill removes the provision that no more than one registrant may operate a game of 
chance at a time on the same premises and provides that an agricultural society must 
determine the number of registrants permitted to operate a game of chance during the 
annual fair of the agricultural society. It also provides that a bona fide nonprofit 
organization may operate a registered game of chance to which the general public has 
access no more than 4 times in a calendar year for a period not to exceed the duration of 
the annual fair of an agricultural society or the duration of a special event rather than for a 
period not to exceed 4 consecutive days as in current law.