Md. Code, Criminal Law, Title 12

in effect

Md. Code, Criminal Law § 12-101

(a) In this subtitle the following words have the meanings indicated. (b) “Candidate” has the meaning stated in § 1-101 of the Election Law Article. (c) (1) “Credit” means payment by a credit card or promissory note. (2) “Credit” includes selling or pledging personal property in exchange for cash or tokens. (d) (1) “Gaming device” means: (i) a gaming table, except a billiard table, at which a game of chance is played for money or any other thing or consideration of value; or (ii) a game or device at which money or any other thing or consideration of value is bet, wagered, or gambled. (2) “Gaming device” includes a paddle wheel, wheel of fortune, chance book, and bingo. (e) “Gaming event” means: (1) a bingo game; (2) a carnival; (3) a bazaar; (4) a raffle; (5) a benefit performance; or (6) any other event at which a gaming device is operated. (f) “Organization” includes: (1) a fraternal, religious, civic, patriotic, educational, or charitable organization; (2) a volunteer fire company, rescue squad, or auxiliary unit; (3) a veterans’ organization or club; (4) a bona fide nonprofit organization that is raising money for an exclusively charitable, athletic, or educational purpose; or (5) any organization that is authorized to conduct a gaming event under Subtitle 1 or 2 of this title or Title 13 of this article. (g) “Political committee” has the meaning stated in § 1-101 of the Election Law Article. (h) “Token” means a poker chip, bingo chip, or other device commonly used instead of money in the playing of a gaming device.

Md. Code, Criminal Law § 12-102

(a) A person may not: (1) make or sell a book or pool on the result of a race, contest, or contingency; (2) establish, keep, rent, use, or occupy, or knowingly allow to be established, kept, rented, used, or occupied, all or a part of a building, vessel, or place, on land or water, within the State, for the purpose of: (i) betting, wagering, or gambling; or (ii) making, selling, or buying books or pools on the result of a race, contest, or contingency; or (3) receive, become the depository of, record, register, or forward, or propose, agree, or pretend to forward, money or any other thing or consideration of value, to be bet, wagered, or gambled on the result of a race, contest, or contingency. (b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 6 months or a fine not exceeding $5,000 or both. (c) (1) The provisions of this subsection apply only in Baltimore City. (2) A person who violates this section may be charged by a citation. (3) A citation for a violation of this section may be issued to a person by a police officer authorized to make arrests in Baltimore City if there is probable cause to believe that the person is committing or has committed a violation of this section. (4) A citation issued under this subsection shall contain: (i) the name and address of the person charged; (ii) the statute allegedly violated; (iii) the location, date, and time that the violation occurred; (iv) the fine or term of imprisonment that may be imposed; (v) a notice stating that prepayment of a fine is not allowed; (vi) a notice that the court shall promptly send the person charged a summons to appear for trial; and (vii) the signature of the police officer issuing the citation. (5) (i) The police officer who issued the citation shall forward to the appropriate court a copy of the citation. (ii) The court shall promptly schedule the case for trial and summon the defendant to appear. (iii) Willful failure of the defendant to respond to the summons is contempt of court.

Md. Code, Criminal Law § 12-103

(a) For money or any other thing or consideration of value, a person may not: (1) bet, wager, or gamble; or (2) play any other gaming device or fraudulent trick. (b) (1) A violation of this section is a civil offense punishable by a fine not exceeding: (i) $500, if the violation involves money or any other thing or consideration of value not exceeding $100; or (ii) $1,000, if the violation involves money or any other thing or consideration of value that exceeds $100. (2) Adjudication of a violation under this section: (i) is not a criminal conviction for any purpose; and (ii) does not impose any of the civil disabilities that may result from a criminal conviction. (c) (1) A citation for a violation of this section may be issued to a person by a police officer authorized to make arrests if there is probable cause to believe that the person is committing or has committed a violation of this section. (2) A citation issued under this subsection shall contain: (i) the name, address, and date of birth of the person charged; (ii) the statute allegedly violated; (iii) the date and time that the violation occurred; (iv) the location at which the violation occurred; (v) the fine that may be imposed; (vi) a notice stating that prepayment of the fine is allowed; (vii) a notice in boldface type that states that the person shall: 1. pay the full amount of the preset fine; or 2. request a trial date at the date, time, and place established by the District Court by writ or trial notice; and (viii) the signature of the police officer issuing the citation. (3) The form of the citation shall be uniform throughout the State and shall be prescribed by the District Court. (4) (i) The Chief Judge of the District Court shall establish a schedule for the prepayment of a fine. (ii) Prepayment of a fine shall be considered a plea of guilty to a Code violation. (5) The issuing jurisdiction shall forward a copy of the citation and a request for trial to the District Court in the district having venue. (6) A person may request a trial by sending a request for trial to the District Court in the jurisdiction where the citation was issued within 30 days after the issuance of the citation. (7) If a person does not request a trial or prepay the fine within 30 days after the issuance of the citation, the District Court may impose the maximum fine and costs against the person and find the person guilty of a Code violation for the purposes of this section. (8) (i) The defendant is liable for the costs of the proceedings in the District Court. (ii) The court costs in a Code violation case under this section in which costs are imposed are $5. (d) In any proceeding for a Code violation under this section: (1) the State has the burden to prove the guilt of the defendant by a preponderance of the evidence; (2) the court shall apply the evidentiary standards as prescribed by law or rule for the trial of a criminal case; (3) the court shall ensure that the defendant has received a copy of the charges against the defendant and that the defendant understands those charges; (4) the defendant is entitled to cross–examine all witnesses who appear against the defendant, to produce evidence or witnesses on behalf of the defendant, and to testify on the defendant’s own behalf, if the defendant chooses to do so; (5) the defendant is entitled to be represented by counsel of the defendant’s choice and at the expense of the defendant; and (6) the defendant may enter a plea of guilty or not guilty, and the verdict of the court in the case shall be: (i) guilty of a Code violation; (ii) not guilty of a Code violation; or (iii) probation before judgment, imposed by the court in the same manner and to the same extent as is allowed by law in the trial of a criminal case. (e) (1) The State’s Attorney for any county may prosecute a Code violation under this section in the same manner as prosecution of a violation of the criminal laws of the State. (2) In a Code violation case under this section, the State’s Attorney may: (i) enter a nolle prosequi or move to place the case on the stet docket; and (ii) exercise authority in the same manner as prescribed by law for violation of the criminal laws of the State. (f) A person issued a citation for a violation of this section who is under the age of 18 years shall be subject to the procedures and dispositions provided in Title 3, Subtitle 8A of the Courts Article.

Md. Code, Criminal Law § 12-104

(a) A person may not: (1) keep a gaming device, or all or a part of a building, vessel, or place, on land or water within the State for the purpose of gambling; (2) own, rent, or occupy all or a part of a building, vessel, or place and knowingly allow a gaming device to be kept in the building, vessel, or place; (3) lease or rent all or a part of a building, vessel, or place to be used for the purpose of gambling; (4) deal at a gaming device or in a building, vessel, or place for gambling; (5) manage a gaming device or a building, vessel, or place for gambling; or (6) have an interest in a gaming device or the profits of a gaming device. (b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment for not less than 6 months and not exceeding 1 year or a fine not exceeding $500 or both.

Md. Code, Criminal Law § 12-105

(a) This section: (1) applies notwithstanding the issuance of a license or permit through or by a county, municipal corporation, or other political subdivision of the State; and (2) does not authorize an act that is otherwise prohibited by law. (b) A person may not bet, wager, or gamble or keep, conduct, maintain, or operate a gaming device on: (1) a vessel or a part of a vessel on water within the State, except as provided in § 6-209 of the Transportation Article; or (2) all or a part of a building or other structure that is built on or over water within the State, if the building or other structure cannot be entered from the shore of the State by a person on foot. (c) To conduct, maintain, or operate a gaming device, a person may not establish, keep, rent, use, or occupy, or knowingly allow to be established, kept, rented, used, or occupied: (1) a vessel on water within the State; or (2) a building or other structure that is built on or over water within the State, if the building or other structure cannot be entered from the shore of the State by a person on foot. (d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine of not less than $200 and not exceeding $1,000 or both for each violation.

Md. Code, Criminal Law § 12-106

(a) (1) Notwithstanding any other provision of this subtitle, Subtitle 2 of this title, or Title 13 of this article and except as otherwise provided in this subsection, a bona fide charitable organization in this State may conduct a raffle for the exclusive benefit of the charitable organization if the prize awarded is real property: (i) to which the charitable organization holds title; or (ii) for which the charitable organization has the ability to convey title. (2) A charitable organization may not conduct more than two raffles of real property in a calendar year. (3) The Secretary of State may adopt regulations governing a raffle of real property by a charitable organization under this subsection. (b) (1) Notwithstanding any other provision of this article and except as otherwise provided in this subsection, a political committee or candidate for public office may conduct a raffle if the prizes awarded are money or merchandise. (2) (i) The cost of a raffle ticket under this subsection may not exceed $5. (ii) An individual may not purchase more than $50 worth of tickets. (3) This subsection does not relieve a political committee or candidate from the reporting and record keeping requirements under the Election Law Article. (c) Notwithstanding any other provision of this article, a depository institution, as defined in § 1–211 of the Financial Institutions Article, may conduct a savings promotion raffle under § 1–211 of the Financial Institutions Article.

Md. Code, Criminal Law § 12-107

(a) (1) The prohibition in subsection (b) of this section applies notwithstanding a license or permit granted through or by a county, municipal corporation, or other political subdivision of this State. (2) This section does not apply to: (i) pari-mutuel betting conducted under the Maryland Horse Racing Act; (ii) bingo, carnivals, raffles, bazaars, or similar games of entertainment; or (iii) mechanical or electrical devices, commonly known as slot machines, that are authorized in the State and that require the insertion of a coin or token. (b) A person may not conduct or operate with pari-mutuel betting, or with any similar form of betting, wagering, or gambling: (1) the game, contest, or event commonly known as “jai alai”; or (2) any other game, contest, or event. (c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine of not less than $200 and not exceeding $1,000 for each violation.

Md. Code, Criminal Law § 12-108

(a) An organization that operates a gaming event authorized under this subtitle, Subtitle 2 of this title, or Title 13 of this article may not accept credit from a person to allow that person to play a gaming device at the gaming event. (b) Subsection (a) of this section does not prohibit an organization from accepting a token instead of money from a person who has paid the organization money for the use of the token. (c) An organization that violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or loss of privileges to conduct a gaming event not exceeding 60 days or both.

Md. Code, Criminal Law § 12-109

(a) A person may not willfully, knowingly, and unlawfully cause or attempt to cause the prearrangement or predetermination of the results of a horse race. (b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.

Md. Code, Criminal Law § 12-110

(a) A person who loses money at a gaming device that is prohibited by this subtitle, Subtitle 2 of this title, or Title 13 of this article: (1) may recover the money as if it were a common debt; and (2) is a competent witness to prove the loss. (b) Notwithstanding subsection (a) of this section, a person may not recover money or any other thing that the person won by betting at a gaming device prohibited by this subtitle, Subtitle 2 of this title, or Title 13 of this article.

Md. Code, Criminal Law § 12-111

If a law enforcement officer has a reason to suspect a gaming device is kept unlawfully at a place, the law enforcement officer shall: (1) visit the place; and (2) charge all persons who violate a law that prohibits gambling.

Md. Code, Criminal Law § 12-112

(a) (1) An indictment for violating the prohibition against gaming is sufficient if it states that the defendant kept a gaming device. (2) The indictment need not state the particular kind of gaming or gaming device involved in the alleged violation. (b) A defendant, on timely request, may obtain a bill of particulars.

Md. Code, Criminal Law § 12-113

(a) The Office of the Attorney General, the State Lottery and Gaming Control Commission, the Department of State Police, local law enforcement units, and the court shall construe liberally this title relating to gambling and betting to prevent the activities prohibited. (b) A decision by the State Lottery and Gaming Control Commission shall be the final determination as to whether a gaming device being operated in the State is: (1) a legal gaming device or device consistent with the provisions of this article; and (2) being operated in a lawful manner under this article. (c) If a local law enforcement unit fails to promptly enforce a final determination made under subsection (b) of this section, the State Lottery and Gaming Control Commission shall refer the matter to the Department of State Police for enforcement of the law.

Md. Code, Criminal Law § 12-114

(a) In this section, “eSports competition” means a competition involving video games, including first–person shooters, real–time strategy games, and multiplayer online battle arenas in which: (1) players compete against each other; and (2) the dominant element determining the results is the relative skill of the players. (b) An organization conducting an eSports competition may offer prize money or merchandise to winning participants in the eSports competition. (c) The Comptroller may adopt regulations to carry out this section.

Md. Code, Criminal Law § 12-201

In this subtitle, “lottery device” means a policy, certificate, or other thing by which a person promises or guarantees that a number, character, ticket, or certificate will, when an event or contingency occurs, entitle the purchaser or holder to receive money, property, or evidence of debt.

Md. Code, Criminal Law § 12-202

(a) Except as provided in subsection (b) of this section, this subtitle applies to all lotteries, including those authorized by any other state or foreign country. (b) This subtitle does not apply to the State lottery established under Title 9, Subtitle 1 of the State Government Article.

Md. Code, Criminal Law § 12-203

(a) A person may not: (1) hold a lottery in this State; or (2) sell a lottery device in the State for a lottery drawn in this State or elsewhere. (b) A person who violates this section is guilty of a misdemeanor and on conviction shall be sentenced to imprisonment for not less than 3 months and not exceeding 12 months or a fine of not less than $200 and not exceeding $1,000 or both for each violation. (c) In addition to the penalty provided under subsection (b) of this section, a person who gives money or any other thing to purchase or obtain a lottery device, for each lottery device purchased or obtained, may recover $50 from: (1) the person to whom the money or other thing was given; or (2) any person who aided or abetted that person.

Md. Code, Criminal Law § 12-204

(a) A person may not: (1) keep a house, office, or other place for the purpose of selling or bartering a lottery device in violation of § 12-203 of this subtitle; or (2) allow a house or office that the person owns to be used for the purpose of selling or bartering a lottery device in violation of § 12-203 of this subtitle. (b) A person who knows that the person’s house or office is being used for the purpose of selling or bartering a lottery device in violation of § 12-203 of this subtitle is deemed to be allowing the house or office to be used for those purposes. (c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both.

Md. Code, Criminal Law § 12-205

(a) This section does not apply to a person who possesses: (1) an item that is prohibited under this section that was obtained to procure or furnish evidence of a violation of this subtitle; or (2) a lottery ticket or slip issued by this State or another government. (b) A person may not: (1) bring a lottery device into the State; or (2) possess a book, list, slip, or record of: (i) the numbers drawn in a lottery in this State or another state or country; (ii) a lottery device; or (iii) money received or to be received from the sale of a lottery device. (c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both.

Md. Code, Criminal Law § 12-206

(a) This section does not apply to a lottery conducted by a government. (b) A person may not print, write, or publish an account of a lottery that describes: (1) when or where the lottery is to be drawn; (2) any prize available in the lottery; (3) the price of a lottery ticket or share of a lottery ticket; or (4) where a lottery ticket may be obtained. (c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 60 days or a fine not exceeding $100 or both.

Md. Code, Criminal Law § 12-207

(a) A person may not: (1) insure or receive consideration for insuring for or against the drawing of a lottery ticket or part of a lottery ticket; (2) receive money, property, or evidence of debt in consideration of an agreement to repay or deliver the money, property, or evidence of debt, if a lottery ticket or a part of a lottery ticket is drawn or not drawn on a particular day or in a particular order; (3) if contingent on the results of a lottery, and whether or not consideration is paid, promise or agree to: (i) pay or deliver money, property, or evidence of debt; or (ii) refuse to do anything for the benefit of another; or (4) publish a notice of an intent to perform or notice of a proposal to perform items (1) through (3) of this subsection. (b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment of not less than 3 months and not exceeding 6 months or a fine of not less than $100 and not exceeding $1,000 or both.

Md. Code, Criminal Law § 12-208

A court shall interpret §§ 12-201 through 12-207 of this subtitle liberally to treat as a lottery ticket any ticket, part of a ticket, or lottery device by which money is paid or another item is delivered when, in the nature of a lottery, an event or contingency occurs.

Md. Code, Criminal Law § 12-209

A grant, bargain, or transfer of real estate, goods, a right of action, or personal property is void if it occurs while engaging in, or aiding or assisting in a lottery.

Md. Code, Criminal Law § 12-210

(a) Any recovery of a penalty for a violation of any of the provisions of this subtitle relating to a lottery, whether by indictment or action of debt, or before a justice of the peace before July 5, 1971, or before any court of competent jurisdiction, is considered a first conviction under this section. (b) A person convicted a second or subsequent time of a violation of any of the provisions of this subtitle relating to a lottery is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both.

Md. Code, Criminal Law § 12-211

(a) (1) An indictment for violating the prohibition against the drawing of lotteries or the selling of lottery devices is sufficient if it states that the defendant drew a lottery or sold a lottery device. (2) The indictment need not state the particular kind of lottery scheme involved in the alleged violation. (b) The defendant, on timely request, is entitled to a bill of particulars.

Md. Code, Criminal Law § 12-212

(a) A person may not directly or indirectly barter, sell, or trade or offer by publication or in any other manner to barter, sell, or trade goods or merchandise, in a package or in bulk, in exchange for a scheme or device constituting a gift enterprise. (b) A person who violates this section is guilty of a misdemeanor and on conviction shall be sentenced to a fine of not less than $50 for each violation.

Md. Code, Criminal Law § 12-301

In this subtitle: (1) “slot machine” means a machine, apparatus, or device that: (i) operates or can be made to operate by inserting, depositing, or placing with another person money, a token, or another object; and (ii) through the element of chance, the reading of a game of chance, the delivery of a game of chance, or any other outcome unpredictable by the user, awards the user: 1. money, a token, or other object that represents or that can be converted into money; or 2. the right to receive money, a token, or another object that represents and can be converted into money; (2) “slot machine” includes: (i) a machine, apparatus, or device described in item (1) of this section that also sells, delivers, or awards merchandise, money, or some other tangible thing of value; (ii) a pinball machine or console machine that pays off in merchandise; and (iii) a machine, apparatus, or device described in item (1) of this section, regardless of whether the machine, apparatus, or device delivers a game through the Internet or offers Internet or other services; and (3) “slot machine” does not include a machine, apparatus, or device that: (i) awards the user only free additional games or plays; (ii) awards the user only noncash merchandise or noncash prizes of minimal value; (iii) dispenses paper pull tab tip jar tickets or paper pull tab instant bingo tickets that must be opened manually by the user provided that the machine, apparatus, or device does not: 1. read the tickets electronically; 2. alert the user to a winning or losing ticket; or 3. tabulate a player’s winnings and losses; (iv) 1. is a handheld device that displays only facsimiles of bingo cards that an individual uses to mark and monitor contemporaneously to a live call of bingo numbers called on the premises by an individual where the user is operating the machine; 2. does not permit a user to play more than 54 bingo cards at the same time; 3. does not randomly generate any numbers; and 4. is not part of an integrated system; (v) is used by the State Lottery and Gaming Control Commission under Title 9 of the State Government Article; (vi) if legislation takes effect authorizing the operation of video lottery terminals, is a video lottery terminal as defined in and licensed under that legislation; (vii) is a skills–based amusement device that awards prizes, merchandise, tickets, tokens, or other objects that: 1. per play, do not exceed minimal value approved by the State Lottery and Gaming Control Commission through regulation; and 2. may be accumulated and exchanged for noncash merchandise or prizes of value that: A. is similar to the cumulated value of the objects exchanged; and B. does not exceed a minimal wholesale value of $599; or (viii) is a skills–based device that awards noncash merchandise and is located at a family entertainment center in Worcester County licensed under § 9–1B–02 of the State Government Article.

Md. Code, Criminal Law § 12-301.1

§12–301.1. (a) In this subtitle, “Commission” means the State Lottery and Gaming Control Commission. (b) (1) Except as provided in paragraphs (2) and (3) of this subsection and consistent with the provisions of this title and Title 13 of this article, the Commission shall certify and regulate the operation, ownership, and manufacture of an electronic gaming device authorized under this subtitle. (2) This section does not apply to: (i) the ownership or operation of slot machines that are subject to regulation by the Comptroller under § 12–304 of this title; and (ii) paper tip jar gaming where authorized. (3) (i) This paragraph applies only in Baltimore City and Baltimore County. (ii) If a local law enforcement agency refuses to enforce a provision regarding the legal operation of amusement games, the Commission shall refer the matter to the appropriate office of the State’s Attorney. (c) The Commission shall adopt regulations that: (1) define lawful and unlawful electronic and mechanical equipment used in connection with gaming devices that are consistent with this title; (2) approve and license electronic gaming devices authorized under State law; (3) approve and license owners, operators, and manufacturers of electronic gaming devices authorized under State law; (4) establish procedures for the license application and renewal processes required under this section; and (5) establish license fees, effective on July 1, 2016, that are sufficient to cover the direct and indirect costs of licensure required under this section. (d) (1) The Commission may determine: (i) that a county’s licensing and regulatory process for electronic gaming devices is equivalent to the State licensing and regulatory process required under this section; and (ii) that a county license for owning, operating, or manufacturing an electronic gaming device in that county is equivalent to a State license. (2) If the Commission does not make a determination under paragraph (1) of this subsection, the regulations and licensing requirements of the Commission shall supersede: (i) the application of any county fees or regulations and licensing requirements for electronic gaming devices under this subsection; or (ii) a requirement for a county license for owning, operating, or manufacturing an electronic gaming device under this subsection. (e) An electronic gaming device that is not licensed or otherwise operated in compliance with the provisions of this section as of January 1, 2013, is an illegal gaming device that may not legally operate in the State. (f) (1) There is a Maryland Amusement Game Advisory Committee. (2) The Advisory Committee shall advise the Commission on the conduct and technical aspects of the amusement game industry, including recommendations for the legality of skills–based amusement games. (3) The Advisory Committee consists of: (i) the following members appointed by the Governor: 1. two members selected from a list of five names submitted by the Maryland Amusement and Music Operators Association; 2. one member who is a local government official selected from a list of names submitted by the Maryland Association of Counties and the Maryland Municipal League; 3. one member who is a local law enforcement officer; and 4. one citizen representative; and (ii) the Director of the Commission, or the Director’s designee, who shall serve as a nonvoting member of the Advisory Committee. (4) The Governor shall designate the chair of the Advisory Committee. (5) The Commission shall provide staff for the Advisory Committee. (6) A member of the Advisory Committee: (i) may not receive compensation as a member of the Advisory Committee; but (ii) is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

Md. Code, Criminal Law § 12-302

(a) Except as allowed under §§ 12-304 through 12-306 of this subtitle, a person may not locate, possess, keep, or operate a slot machine in the State as an owner, lessor, lessee, licensor, licensee, or in any other capacity. (b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine of $1,000 or both for each violation.

Md. Code, Criminal Law § 12-303

(a) In this section, “antique slot machine” means a slot machine that was manufactured at least 25 years before the date on which the machine is seized. (b) A person may not be convicted under § 12-302 of this subtitle if the person shows by a preponderance of the evidence that the slot machine: (1) is an antique slot machine; and (2) was not operated for gambling purposes while in the person’s possession. (c) If the defense is offered that a seized slot machine is an antique slot machine, the slot machine may not be destroyed or otherwise altered until after a final judicial determination, including review on appeal, that the defense does not apply. (d) If the defense applies, the person who seized the slot machine shall return the slot machine in accordance with applicable provisions of law for the return of property.

Md. Code, Criminal Law § 12-304

(a) In this section, “eligible organization” means: (1) a nonprofit organization that: (i) has been located in a county listed in subsection (b) of this section for at least 5 years before the organization applies for a license under subsection (e) of this section; and (ii) is a bona fide: 1. fraternal organization; 2. religious organization; or 3. war veterans’ organization; or (2) a nonprofit organization that has been affiliated with a national fraternal organization for less than 5 years and has been located in a county listed in subsection (b) of this section for at least 50 years before the nonprofit organization applies for a license under subsection (e) of this section. (b) This section applies in: (1) Caroline County; (2) Cecil County; (3) Dorchester County; (4) Kent County; (5) Queen Anne’s County; (6) Somerset County; (7) Talbot County; (8) Wicomico County; and (9) Worcester County. (c) (1) In this subsection, a console or set of affixed slot machines is not an individual slot machine. (2) Notwithstanding any other provision of this subtitle, an eligible organization may own and operate a slot machine if the eligible organization: (i) obtains a license under subsection (e) of this section for each slot machine; (ii) owns each slot machine that the eligible organization operates; (iii) owns not more than five slot machines; (iv) locates and operates its slot machines at its principal meeting hall in the county in which the eligible organization is located; (v) does not locate or operate its slot machines in a private commercial facility; (vi) uses: 1. at least one–half of the net after payout proceeds from its slot machines for the benefit of a charity; and 2. the remainder of the proceeds from its slot machines to further the purposes of the eligible organization; (vii) does not use any of the proceeds of the slot machine for the financial benefit of an individual; and (viii) reports annually under affidavit to the State Comptroller: 1. the income of each slot machine; and 2. the disposition of the income from each slot machine. (d) An eligible organization may not use or operate a slot machine unless: (1) the slot machine is equipped with a tamperproof meter or counter that accurately records gross receipts; and (2) the eligible organization keeps an accurate record of the gross receipts and payoffs of the slot machine. (e) (1) (i) The State Comptroller shall regulate the operation of slot machines under this section. (ii) The State Comptroller may adopt regulations to implement the requirements of this section, including requiring audits of the annual reports submitted to the State Comptroller under subsection (c)(2)(viii) of this section. (2) Before an eligible organization may operate a slot machine under this section, the eligible organization shall obtain a license for the slot machine from the State Comptroller. (3) (i) The State Comptroller shall: 1. charge an annual fee for each license for a machine; and 2. issue a license sticker to the applicant. (ii) The applicant shall place the sticker on the slot machine. (iii) The State Comptroller shall set the amount of the annual fee so that the total proceeds of the annual fee equal an amount directly related to administrative costs of the State Comptroller to regulate the operation of slot machines under this section. (4) In the application to the State Comptroller for a license, one of the principal officers of the eligible organization shall certify under affidavit that the organization: (i) is an eligible organization; and (ii) will comply with this section. (f) (1) A principal officer of the eligible organization may not intentionally misrepresent a statement of fact on the application. (2) A person who violates this subsection is guilty of perjury and on conviction is subject to the penalty provided under Title 9, Subtitle 1 of this article. (g) The Comptroller may not issue a license for a slot machine to an eligible organization located in Ocean City that is located east of South and North Baltimore Avenues.

Md. Code, Criminal Law § 12-305

(a) A person may take delivery of, possess, or transport a slot machine to demonstrate or sell the slot machine to a prospective customer who is allowed to purchase a slot machine if the person: (1) operates with or under a distributorship contract with a manufacturer of slot machines; (2) is registered with the United States Department of Justice as a distributor of slot machines; and (3) has provided the Secretary of State Police with a copy of the person’s current federal registration. (b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine of $1,000 or both for each violation.

Md. Code, Criminal Law § 12-306

(a) In this section, “premises” means an improved or unimproved parcel or tract of land that is owned by: (1) a person; or (2) persons associated in a joint or common venture. (b) (1) Except as provided in paragraph (2) of this subsection, in a county or municipal corporation where, before July 1, 1963, county or municipal officials licensed slot machines for operation, a person may not, as an owner, lessor, lessee, licensor, licensee, or in any other capacity, keep or operate a slot machine for any purpose in any place of business or building or on any premises. (2) Before disposing of a slot machine, the county commissioners or county executive of a county where a slot machine is located may require the slot machine to be: (i) registered in a manner appropriate to the office of county executive or county commissioners; and (ii) sealed against use, stored, and kept under the supervision and control of the county commissioners or county executive.

Md. Code, Criminal Law § 12-307

(a) Because of an act of God, or condemnation or abandonment of the primary business by the owner of a business operating on the premises, a person may: (1) remove a slot machine from any premises on which a slot machine is allowed to operate under law; and (2) transfer the slot machine to another premises within the same county. (b) A person who transfers a slot machine from one premises to another may not increase the total number of machines allowed by law.

Md. Code, Criminal Law § 12-308

Notwithstanding any other provisions of this subtitle, an entity licensed to offer instant bingo under a commercial bingo license on July 1, 2007, or by a qualified organization as defined in § 13–201 of this article on the premises of the qualified organization may continue to operate a game of instant bingo in the same manner using electronic machines, provided that: (1) (i) the machines were in operation for a 1–year period ending December 31, 2007; or (ii) the machines were in operation under a commercial bingo license on December 31, 2007; (2) the entity does not operate more than the number of electronic machines in operation on February 28, 2008; and (3) the conduct of the gaming and operation of the machines are consistent with all other provisions of this article.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatutesFetched: 10/16/2026