CHAPTER 672
H.P. 1552 - L.D. 2055
An Act to Make the Use of Tokens or Tickets for Games of Chance at Agricultural Fairs Optional
Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, agricultural fairs have demonstrated improved accounting practices; and
Whereas, the requirement that tokens or tickets be used when 3rd parties conduct games of chance at agricultural fairs is no longer necessary; and
Whereas, the agricultural fair season will begin prior to 90 days after adjournment; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 17 MRSA §330, sub-§1-C is enacted to read:
1-C. Agricultural society. "Agricultural society" or "fair" means a nonprofit agricultural fair society eligible for the state stipend under Title 7, section 62.
Sec. 2. 17 MRSA §330, sub-§2-C is enacted to read:
2-C. Gross revenue. "Gross revenue" means the total amount wagered in a game of chance less the prizes awarded.
Sec. 3. 17 MRSA §330, sub-§3-C is enacted to read:
3-C. Net revenue. "Net revenue" means gross revenue less all approved expenses.
Sec. 4. 17 MRSA §330, sub-§9 is enacted to read:
9. Tokens. "Tokens" means distinctive objects, chips, tickets or other devices of no intrinsic value used as a substitute for cash in accounting for revenue from a game of chance.
Sec. 5. 17 MRSA §331, sub-§2-A, as enacted by PL 1979, c. 736, §1, is amended to read:
2-A. Games of chance at agricultural fairs. The Chief of the State Police may issue a license to hold, conduct or operate the game of chance commonly known as "penny falls" or "quarter falls" at any agricultural fair as long as the fair controls the revenue from such games.
Sec. 6. 17 MRSA §335, as amended by PL 1999, c. 716, §§2 and 3, is further amended by repealing and replacing the headnote to read:
Sec. 7. 17 MRSA §335, sub-§1, as amended by PL 1999, c. 716, §2, is repealed and the following enacted in its place:
1. Compensation. Those who conduct games of chance may not be paid for such services except as follows.
A. An organization including a fair licensed to operate beano, bingo or Lucky 7 games may use up to 20% of the gross revenue to compensate those who conduct the games.
B. Each person who conducts a game of chance licensed to an agricultural fair may be paid at a rate that does not exceed 3 times the State's minimum wage as established in Title 26, section 664, subsection 1, unless the game is one for which the limit in paragraph A applies.
Sec. 8. 17 MRSA §335, sub-§2-B, as enacted by PL 1999, c. 716, §3, is repealed.
Sec. 9. 17 MRSA §336, sub-§1, as enacted by PL 1977, c. 350, §6, is repealed and the following enacted in its place:
1. Records required. Each licensee shall keep a record of all financial transactions involving games of chance operated under each license granted to the licensee. The treasurer of the licensee or another officer designated by the treasurer is responsible for maintaining those records. The records must include an exact account of all revenue from the games, an itemization of all expenses, including, but not limited to, the cost of prizes, printing, licenses and administration, and the disposition of all proceeds, including, but not limited to, all gifts, grants and payments to any person, firm, corporation, association or organization for any purpose whatsoever. All financial records involving games of chance must be separate and distinguishable from other records of the organization. Revenue from more than one game of chance may be entered into one account.
Sec. 10. 17 MRSA §336, sub-§1-A, as enacted by PL 1999, c. 716, §4, is repealed.
Sec. 11. 17 MRSA §336, sub-§1-B is enacted to read:
1-B. 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 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. 12. 17 MRSA §336, sub-§2-A, as enacted by PL 1999, c. 716, §5, is repealed and the following enacted in its place:
2-A. 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 may require under subsection 2.
Sec. 13. 17 MRSA §341, sub-§3, as amended by PL 2001, c. 384, §1 and affected by §3, is repealed.
Sec. 14. 17 MRSA §341, sub-§§5 and 6, as enacted by PL 1999, c. 716, §10, are amended to read:
5. Requirements. Agricultural fair societies fairs that use tokens shall provide records and reports as required by section 336, subsections 1-A 1-B and 2-A.
6. Rules. Rules adopted pursuant to subsections 3 and subsection 4 are routine technical rules as defined by Title 5, chapter 375, subchapter II-A.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective April 11, 2002.
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