2023 Maine Revised Statutes › TITLE 17: CRIMES › Chapter 62: GAMES OF CHANCE › 17 §1836. Tournament games

§1836. Tournament games
The Gambling Control Unit may issue a license under this section to an organization eligible to conduct beano games under chapter 13‑A and games of chance under this chapter to conduct up to 2 tournament games per month. 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.   [PL 2017, c. 284, Pt. KKKKK, §19 (AMD).]
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 Gambling Control Unit upon application for a tournament game license.
[PL 2017, c. 284, Pt. KKKKK, §20 (AMD).]
2.  License application.
An organization shall submit a license application to the Gambling Control Unit on a form provided by the Gambling Control Unit. 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, 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. For purposes of this subsection, "foreign state" means a governmental unit other than the United States; any state, district, commonwealth, territory or insular possession of the United States; the Panama Canal Zone; the Trust Territory of the Pacific Islands; or the Ryukyu Islands.
[PL 2021, c. 689, §4 (AMD).]
3.  License.
[PL 2011, c. 325, §2 (RP).]
3-A.  License.
The license fees for tournament game licenses are as follows:
A. For tournament games with 51 to 100 players:
(1) Seventy-five dollars per tournament license;
(2) Two hundred dollars for a monthly license; and
(3) Fifteen hundred dollars for an annual license;   [PL 2019, c. 63, §1 (AMD).]
B. For tournament games that exceed 100 players:
(1) Three hundred dollars for a tournament game with 101 to 150 players;
(2) Four hundred dollars for a tournament game with 151 to 200 players;
(3) Five hundred dollars for a tournament game with 201 to 250 players; and
(4) Six hundred dollars for a tournament game with 251 to 300 players; and   [PL 2019, c. 63, §1 (AMD).]
C. For tournament games that do not exceed 50 players:
(1) Forty dollars per tournament license;
(2) One hundred dollars for a monthly license; and
(3) Seven hundred fifty dollars for an annual license.   [PL 2019, c. 63, §1 (NEW).]
[PL 2019, c. 63, §1 (AMD).]
4.  Tournament.
The organization licensed to conduct a tournament game under this section shall display the rules of the tournament game and the license issued. The maximum number of players allowed is 100 unless the tournament game is held on premises owned by the licensee, in which case the maximum number of players allowed is 300. Winners are determined by a process of elimination. The use of currency is prohibited as part of tournament game play. The maximum entry fee to play in the tournament game is $100, except the organization may add to the player entry fee to defray the cost of the license fee, as long as the total additional amount collected from all players does not exceed $125. Only one entry fee is permitted per person. A tournament game must be completed within 48 hours. Other games of chance on the premises are prohibited during a tournament game, except for high‑hand competitions under subsection 7, lucky seven or similar sealed tickets and no more than one 50/50 raffle per tournament with a prize value up to $2,000. All prizes awarded in accordance with this subsection must be paid in cash or by check.
[PL 2023, c. 86, §1 (AMD).]
4-A.  Exception for super cribbage tournament.
Notwithstanding any provision of this section to the contrary, the Gambling Control Unit may issue up to 15 licenses per year for the conduct of a super cribbage tournament. For the purposes of this subsection, "cribbage" means a card game that uses a board and pegs to keep score and of which the characteristic feature is a crib into which players discard cards from their dealt hand to create a crib of 4 cards unseen by other players that will be ultimately part of the dealer's hand. The license fee for a super cribbage tournament is $75. A super cribbage tournament must be conducted in the same manner as prescribed for a tournament game by this section except as follows.
A. The super cribbage tournament may be conducted by a nationally chartered organization that organizes tournament-style cribbage games and that is exempt from taxation under the United States Internal Revenue Code, Section 501(c)(3) so long as the principal organizer has been a member of that organization for a period of not less than 3 years.   [PL 2015, c. 163, §1 (NEW).]
B. The minimum number of players required is 30.   [PL 2017, c. 182, §1 (AMD).]
C. The maximum entry fee allowed is $100 per player.   [PL 2015, c. 163, §1 (NEW).]
D. The super cribbage tournament need not be held on premises owned by the licensee.   [PL 2015, c. 163, §1 (NEW).]
E. The super cribbage tournament may be conducted over a period of up to 72 hours.   [PL 2015, c. 163, §1 (NEW).]
F. Notwithstanding subsection 2, 50% of the proceeds of the super cribbage tournament after prizes are paid must be paid to a bona fide charitable organization, other than the licensee, listed on the tournament application submitted to the Gambling Control Unit.   [PL 2017, c. 284, Pt. KKKKK, §21 (AMD).]
[PL 2017, c. 284, Pt. KKKKK, §21 (AMD).]
4-B.  Charitable cribbage tournament.
The Gambling Control Unit shall accept a registration for a cribbage tournament to be conducted as prescribed by this subsection. For the purposes of this section, "cribbage" means a card game that uses a board and pegs to keep score and of which the characteristic feature is a crib into which players discard cards from their dealt hand to create a crib of 4 cards unseen by other players that will be ultimately part of the dealer's hand. In a cribbage tournament, winners are determined by a process of elimination. A cribbage tournament may extend beyond a calendar day. A person may operate a cribbage tournament as registered by the Gambling Control Unit if the operator:
A. Is a restaurant licensed in accordance with Title 22, chapter 562 or a manufacturer licensed under Title 28‑A, section 1355‑A who offers complimentary samples or samples for a charge to the public at the licensee's manufacturing facility. For the purposes of this subsection, "restaurant" means a reputable place operated by responsible persons of good reputation that is regularly used for the purpose of providing food for the public and that has adequate and sanitary kitchen and dining room equipment and capacity for preparing and serving suitable food for the public;   [PL 2017, c. 284, Pt. KKKKK, §22 (NEW).]
B. Limits play to the location of the licensed establishment and to patrons of the licensed establishment who are 21 years of age or older; and   [PL 2017, c. 284, Pt. KKKKK, §22 (NEW).]
C. Charges an entry fee not to exceed $25 per person for participation in the cribbage tournament. Notwithstanding section 1838, all entry fees must be awarded as prizes to winners of the tournament for which the entry fees were paid, except that the operator may donate all or a portion of the entry fees to a charitable organization. An operator may not charge a fee except for the entry fee and may not receive any portion of the proceeds from the operation of the cribbage tournament.   [PL 2017, c. 284, Pt. KKKKK, §22 (NEW).]
[PL 2017, c. 284, Pt. KKKKK, §22 (NEW).]
5.  Proceeds.
No less than 75% of the entry fees under subsection 4 must be paid as prizes to the winners of the tournament game.
[PL 2009, c. 487, Pt. A, §2 (NEW).]
6.  Cost of administration; surplus.
The Gambling Control Unit may retain, from license fees collected in accordance with subsection 3‑A, 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   [PL 2009, c. 487, Pt. A, §2 (NEW).]
B. Sixty percent to the General Fund.   [PL 2009, c. 487, Pt. A, §2 (NEW).]
[PL 2017, c. 284, Pt. KKKKK, §23 (AMD).]
7.  High-hand competition.
A licensee under this section may conduct one high-hand competition per tournament game. Participation in the high-hand competition is not mandatory and must be determined prior to the start of the tournament. Notwithstanding any other provision of this chapter to the contrary, the total number of bets received in a high-hand competition must be awarded to the winner or, in the case of multiple winners, divided among them as evenly as possible. All prizes awarded in accordance with this subsection must be paid in cash or by check.
[PL 2019, c. 119, §3 (NEW).]
SECTION HISTORY
PL 2009, c. 487, Pt. A, §2 (NEW). PL 2011, c. 325, §§1-5 (AMD). PL 2013, c. 306, §§1, 2 (AMD). PL 2015, c. 163, §1 (AMD). PL 2017, c. 182, §1 (AMD). PL 2017, c. 284, Pt. KKKKK, §§19-23 (AMD). PL 2019, c. 63, §1 (AMD). PL 2019, c. 119, §§2, 3 (AMD). PL 2021, c. 689, §4 (AMD). PL 2023, c. 86, §1 (AMD).