Public Laws

124th Legislature

Second Regular Session


Parts: A B

Chapter 487

H.P. 934 - L.D. 1330

PART B

Sec. B-1. 7 MRSA 3972, sub-4, as amended by PL 1997, c. 690, 41, is further amended to read:

4.Exception. Notwithstanding subsection 1, paragraph C, livestock may be raffled by charitable organizations licensed under Title 17, section 332 1837, subsection 6 3 for fund-raising purposes. For the purposes of this section, "charitable organization" has the same meaning as defined in Title 9, section 5003, subsection 1. Proceeds from a raffle under this subsection must be used for charitable purposes.

The animal must be awarded in freezer-ready form.

Sec. B-2. 8 MRSA 1001, sub-19, as enacted by PL 2003, c. 687, Pt. A, 5 and affected by Pt. B, 11, is amended to read:

19.Game of chance. "Game of chance" has the same meaning as set forth in Title 17, section 330 1831, subsection 2 5.

Sec. B-3. 8 MRSA 1016, sub-2, D, as enacted by PL 2003, c. 687, Pt. A, 5 and affected by Pt. B, 11, is amended to read:

D.Has not engaged in conduct in this State or any other jurisdiction that would constitute a violation of this chapter, chapter 11 involving gambling, Title 17, chapter 13-A or 14 62 or Title 17-A, chapter 39 or substantially similar offenses in other jurisdictions;

Sec. B-4. 8 MRSA 1064, as enacted by PL 2003, c. 687, Pt. A, 5 and affected by Pt. B, 11, is amended to read:

1064. Applicability of Title 17, chapter 62

Except as expressly provided in this chapter, the provisions of Title 17, chapter 14 62 do not apply to the ownership, distribution or operation of slot machines in the State.

Sec. B-5. 17 MRSA 314, first , as amended by PL 1999, c. 63, 1, is further amended to read:

The Chief of the State Police may issue licenses to operate beano or bingo games to any volunteer fire department or any agricultural fair association or bona fide nonprofit charitable, educational, political, civic, recreational, fraternal, patriotic, religious or veterans' organization that was in existence and founded, chartered or organized in the State at least 2 years prior to its application for a license, when sponsored, operated and conducted for the exclusive benefit of that organization by duly authorized members. The Chief of the State Police may also issue a license to any auxiliary associated with an organization, department or association qualified for a license under this section if the auxiliary was founded, chartered or organized in this State and has been in existence at least 2 years before applying for a license and the games are sponsored, operated and conducted for the exclusive benefit of the auxiliary by duly authorized members of the auxiliary. Proceeds from any game conducted by the auxiliary or the auxiliary's parent organization may not be used to provide salaries, wages or other remuneration to members, officers or employees of the auxiliary or its parent organization, except as provided in sections 326 and 335 1838. The 2 years' limitation does not apply to any organizations in this State having a charter from a national organization, or auxiliaries of those organizations, even though the organizations have not been in existence for 2 years prior to their application for a license. The 2 years' limitation does not apply to any volunteer fire department or rescue unit or auxiliary of that department or unit. A license may be issued to an agricultural fair association when sponsored, operated and conducted for the benefit of such agricultural fair association.

Sec. B-6. 17 MRSA 314-A, sub-1, B, as enacted by PL 1991, c. 426, 3, is amended to read:

B.In conjunction with the operation of high-stakes beano, federally recognized Indian tribes holding a license under this section may advertise and offer prizes for attendance with a value of up to $25,000 under the terms prescribed for raffles in section 331, subsection 6 1837. Any prize awarded under this paragraph must may be awarded only on the basis of a ticket of admission to the high-stakes beano game and may only be awarded to a person who holds an admission ticket.

Sec. B-7. 17 MRSA 314-A, sub-2-A, as enacted by PL 2003, c. 452, Pt. I, 4 and affected by Pt. X, 2, is amended to read:

2-A.Attendance prizes. In conjunction with the operation of high-stakes beano, a federally recognized Indian tribe holding a license under this section may advertise and offer prizes for attendance with a value of up to $25,000 under the terms prescribed for raffles in section 331, subsection 6 1837. A prize awarded under this subsection may be awarded only on the basis of a ticket of admission to the high-stakes beano game and may be awarded only to a person who holds an admission ticket.

Sec. B-8. 17 MRSA 324-A, sub-2, B, as enacted by PL 2003, c. 452, Pt. I, 10 and affected by Pt. X, 2, is amended to read:

B.Raffle tickets may be sold in accordance with chapter 14 62.

Sec. B-9. 17 MRSA 2306, as amended by PL 1989, c. 502, Pt. A, 46, is further amended to read:

2306. Exemptions; lotteries

Any person, firm, corporation, association or organization licensed by the Chief of the State Police as provided in chapter 14 62 or authorized to conduct a raffle without a license as provided in section 331, subsection 6 1837, shall be is exempt from the application of this chapter insofar as the possession of raffle tickets, gambling apparatus and implements of gambling which that are permitted within the scope of said the license or licenses issued, and all persons shall be are exempt from this chapter insofar as gambling or possession of raffle tickets is concerned, if the gambling and possession is in connection with a game of chance licensed as provided in chapter 14 62 or a raffle conducted without a license as authorized by section 331, subsection 6 1837.

Sec. B-10. 17-A MRSA 951, as amended by PL 1989, c. 502, Pt. A, 48, is further amended to read:

951. Inapplicability of chapter

Any person licensed by the Chief of the State Police as provided in Title 17, chapter 13-A or chapter 14 62, or authorized to operate or conduct a raffle pursuant to Title 17, section 331, subsection 6 1837, shall be is exempt from the application of the provisions of this chapter insofar as that person's conduct is within the scope of the license.

Sec. B-11. 17-A MRSA 952, sub-5-A, C, as amended by PL 2003, c. 687, Pt. A, 6 and affected by Pt. B, 11, is further amended to read:

C.That is not a machine that a person may lawfully operate pursuant to a license that has been issued under Title 17, chapter 14 62 or that is operated by the Department of Administrative and Financial Services, Bureau of Alcoholic Beverages and Lottery Operations; and

Sec. B-12. 26 MRSA 773, 6th , as enacted by PL 1997, c. 353, 2, is amended to read:

Notwithstanding other provisions of this section, a minor under 16 years of age may be employed at a commercial place of amusement operating at a permanent location, except that minors under 16 years of age may not be employed at games of chance as defined in Title 17, chapter 14 62 or hazardous occupations as determined by the director.

Sec. B-13. 32 MRSA 1873, as enacted by PL 1991, c. 251, 2, is amended to read:

1873. Glass-breaking games

A person, firm, corporation, association or organization may not hold, conduct or operate games of skill, as defined in Title 17, section 330 1831, subsection 2-A 6, that involve the breaking of glass. A violation of this section is a Class E crime.

Sec. B-14. 36 MRSA 691, sub-1, A, as amended by PL 2007, c. 437, 8, is further amended to read:

A."Eligible business equipment" means qualified property that, in the absence of this subchapter, would first be subject to assessment under this Part on or after April 1, 2008. "Eligible business equipment" includes, without limitation, repair parts, replacement parts, replacement equipment, additions, accessions and accessories to other qualified business property that first became subject to assessment under this Part before April 1, 2008 if the part, addition, equipment, accession or accessory would, in the absence of this subchapter, first be subject to assessment under this Part on or after April 1, 2008. "Eligible business equipment" also includes inventory parts.

"Eligible business equipment" does not include:

(1) Office furniture, including, without limitation, tables, chairs, desks, bookcases, filing cabinets and modular office partitions;

(2) Lamps and lighting fixtures used primarily for the purpose of providing general purpose office or worker lighting;

(3) Property owned or used by an excluded person;

(4) Telecommunications personal property subject to the tax imposed by section 457;

(5) Gambling machines or devices, including any device, machine, paraphernalia or equipment that is used or usable in the playing phases of any gambling activity as that term is defined in Title 8, section 1001, subsection 15, whether that activity consists of gambling between persons or gambling by a person involving the playing of a machine. "Gambling machines or devices" includes, without limitation:

(a) Associated equipment as defined in Title 8, section 1001, subsection 2;

(b) Computer equipment used directly and primarily in the operation of a slot machine as defined in Title 8, section 1001, subsection 39;

(c) An electronic video machine as defined in Title 17, section 330 1831, subsection 1-A 4;

(d) Equipment used in the playing phases of lottery schemes; and

(e) Repair and replacement parts of a gambling machine or device;

(6) Property located at a retail sales facility and used primarily in a retail sales activity unless the property is owned by a business that operates a retail sales facility in the State exceeding 100,000 square feet of interior customer selling space that is used primarily for retail sales and whose Maine-based operations derive less than 30% of their total annual revenue on a calendar year basis from sales that are made at a retail sales facility located in the State. For purposes of this subparagraph, the following terms have the following meanings:

(a) "Primarily" means more than 50% of the time;

(b) "Retail sales activity" means an activity associated with the selection and purchase of goods or services or the rental of tangible personal property. "Retail sales activity" does not include production as defined in section 1752, subsection 9-B; and

(c) "Retail sales facility" means a structure used to serve customers who are physically present at the facility for the purpose of selecting and purchasing goods or services at retail or for renting tangible personal property. "Retail sales facility" does not include a separate structure that is used as a warehouse or call center facility; or

(7) Property that is not entitled to an exemption by reason of the additional limitations imposed by subsection 2.

Sec. B-15. 36 MRSA 6652, sub-1-B, C, as repealed and replaced by PL 2005, c. 218, 61 and affected by 63, is amended to read:

C.Gambling machines or devices, including any device, machine, paraphernalia or equipment that is used or usable in the playing phases of any gambling activity as that term is defined in Title 8, section 1001, subsection 15, whether that activity consists of gambling between persons or gambling by a person involving the playing of a machine. "Gambling machines or devices" includes, without limitation:

(1) Associated equipment as defined in Title 8, section 1001, subsection 2;

(2) Computer equipment used directly and primarily in the operation of a slot machine as defined in Title 8, section 1001, subsection 39;

(3) An electronic video machine as defined in Title 17, section 330 1831, subsection 1-A 4;

(4) Equipment used in the playing phases of lottery schemes; and

(5) Repair and replacement parts of a gambling machine or device.

Office of the Revisor of Statutes
State House, Room 108
Augusta, ME 04333