H.P. 1456 - L.D. 2047
An Act to Implement the Recommendations of the Governor's Advisory Committee on Gambling
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 17 MRSA §314, 2nd ¶, as amended by PL 1991, c. 528, Pt. H, §1 and affected by Pt. RRR and amended by c. 591, Pt. H, §1, is further amended to read:
The fee for such a license to any nonprofit organization is $7.50 $12.00 for each calendar week, or portion thereof, that the amusement is to be operated, or the license may be issued for a calendar month for a fee of $22.50 $36.00 or a calendar year for a fee of $400. A special per-game license may be issued to any qualified nonprofit organization for the purposes of operating a game of "beano" or "bingo" for a fee of $5.00. The special per-game license may not be issued more than 6 times to any one organization in a calendar year. All license fees must be paid to the Treasurer of State to be credited to the General Fund. A license is not assignable or transferable. Nothing contained in this section may be construed to prohibit any volunteer fire department or any agricultural fair association or bona fide nonprofit charitable, educational, political, civic, recreational, fraternal, patriotic, religious, veterans' organization or auxiliary of any of them from obtaining licenses for a period not to exceed 6 months on one application. No more than one license may be issued to any organization for any one period. No more than one licensee may operate or conduct a game of "beano" or "bingo" on the same premises on the same date.
Sec. 2. 17 MRSA §317, first ¶, as amended by PL 1985, c. 180, is further amended to read:
The Chief of the State Police shall have has the power to make and adopt rules and regulations, not inconsistent with law, which he may deem 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." He shall have The Chief of the State Police has the power and authority to regulate, supervise and exercise general control over the operation of such amusement, including, but not limited to, the payment of prizes and the use of equipment. Any rule promulgated adopted by the Chief of the State Police concerning the value of prizes that may be awarded shall 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. He shall have the power and authority to investigate as to the direct or indirect ownership or control of any licenses and to revoke or suspend any license for just cause after hearing. In establishing such rules and regulations, he shall, the Chief of the State Police must, in addition to the standards set forth in other provisions of this chapter, be guided by use the following standards setting forth conduct, conditions and activity deemed considered undesirable:
Sec. 3. 17 MRSA §317-A is enacted to read:
§317-A. Investigations; suspension and revocation
1. Chief of the State Police. The Chief of the State Police may:
A. Investigate all aspects of this chapter including the direct and indirect ownership or control of any licenses;
B. Suspend or revoke a license, after notice of the opportunity for a hearing, if the licensee or the licensee's agent or employee violates a provision of this chapter or Title 17-A, chapter 39; and
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.
2. Suspension or revocation after notice and opportunity for hearing. The Chief of the State Police must notify the licensee in writing, before a license is suspended or revoked and after notice of the opportunity for a hearing, pursuant to subsection 1, paragraph B, of the intended 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 licensee has the 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 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 licensee is notified of the proposed 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.
3. Immediate suspension or revocation. A licensee whose license is immediately suspended or revoked by the Chief of the State Police pursuant to subsection 1, 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 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.
Sec. 4. 17 MRSA §326, sub-§4 is enacted to read:
4. Posting. An organization licensed to operate beano or bingo and Lucky 7 games in conjunction with beano or bingo shall post in a conspicuous place in the room or hall where the licensed game is conducted a sign that states: the net revenue earned from the operation of those games in dollars and cents; the amount of charitable donations from that net revenue in dollars and cents; what percentage in dollars and cents of the net revenue that amount represents in donations to nonprofit activities; and what percentage of the net revenue was distributed from licensed games for the previous calendar year and the current calendar year.
Sec. 5. 17 MRSA §335, sub-§4 is enacted to read:
4. Posting. An organization licensed to conduct a game of chance pursuant to section 332 shall post in a conspicuous place in the room or hall where the game of chance is conducted a sign that states: the net revenue earned from the operation of the game in dollars and cents; the amount of charitable donations from that net revenue in dollars and cents; what percentage in dollars and cents of the net revenue that amount represents in donations to nonprofit activities; and what percentage of the net revenue was distributed from licensed games for the previous calendar year and the current calendar year.
Sec. 6. 17 MRSA §339, sub-§2, as amended by PL 1991, c. 528, Pt. H, §2 and affected by Pt. RRR and amended by c. 591, Pt. H, §2, is further amended to read:
2. Operation of games of chance. Except as provided in subsection 3, the fee for a license to operate a game of chance is $9 $15 for each week
computed on a Monday to Sunday basis or portion thereof. The license may be issued for a calendar month for a fee of $36 $60 or for a calendar year for a fee of $700.
Any combination of monthly or weekly licenses may be issued. Except as provided in subsection 3, licenses to conduct any authorized game of chance may be issued for a period not to exceed 6 months on one application.
Sec. 7. 17 MRSA §343, first ¶, as repealed and replaced by PL 1975, c. 410, §4, is amended to read:
The Chief of the State Police shall have has the power to make and adopt rules and regulations, not inconsistent with law, which he may deem are necessary for the administration and enforcement of this chapter and for the licensing, conduct and operation of games of chance. He shall have The chief of the State Police has the power and authority to regulate, supervise and exercise general control over the operation of such games, to investigate as to the direct or indirect ownership or control of any organization conducting a game of chance, and to revoke or suspend any license for just cause after hearing. In establishing such rules and regulations, he shall, the Chief of the State Police must, in addition to the standards set forth in other provisions of this chapter, be guided by use the following standards setting forth conduct, conditions and activity deemed considered undesirable.
Sec. 8. 17 MRSA §343-A is enacted to read:
§343-A. Investigations; suspension and revocation
1. Chief of the State Police. The Chief of the State Police may:
A. Investigate all aspects of this chapter including the direct and indirect ownership or control of any licenses;
B. Suspend or revoke a license, after notice and the opportunity for a hearing, if the licensee or the licensee's agent or employee violates a provision of this chapter or Title 17-A, chapter 39; and
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 332, subsection 3-A or 3-B, paragraph C or a provision of Title 17-A, chapter 39.
2. Suspension or revocation after notice and opportunity for hearing. The Chief of the State Police must notify the licensee in writing, before a license is suspended or revoked and after notice of the opportunity for a hearing, pursuant to subsection 1, paragraph B, of the intended 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 licensee has the 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 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 licensee is notified of the proposed 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.
3. Immediate suspension or revocation. A licensee whose license is immediately suspended or revoked by the Chief of the State Police pursuant to subsection 1, 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 332, subsection 3-A or 3-B, paragraph C 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.
Sec. 9. Allocation. The following funds are allocated from Other Special Revenue to carry out the purposes of this Act.
1998-99
PUBLIC SAFETY, DEPARTMENT OF
Administration
Positions - Legislative Count (4.000)
Personal Services $121,928
All Other 85,131
Capital Expenditures 58,500
Provides funds for one Detective position, one Clerk Typist III position and 2 Public Safety Inspector I positions to provide additional assistance in the enforcement and administration of beano and games of chance activities.
DEPARTMENT OF PUBLIC SAFETY ____________
TOTAL $265,559
Effective June 30, 1998, unless otherwise indicated.
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