Allegany County, MD
 
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of County Commissioners of Allegany County 8-7-2003 by Bill No. 5-03 (Ch. 132 of the 1984 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Classified service — See Ch. 31.
Amusement devices — See Ch. 219.

§ 333-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
A. 
A game of chance in which:
(1) 
Prizes are awarded; and
(2) 
The devices used to play the game are constructed out of paper or cardboard.
B. 
Includes tip jar and punch board gaming.
C. 
Does not include bingo.
A. 
A volunteer fire company; or
B. 
A bona fide:
(1) 
Religious organization;
(2) 
Fraternal organization;
(3) 
Civic organization;
(4) 
War veteran's organization; or
(5) 
Charitable organization.
WHOLESALE VENDORS
Those persons holding a wholesale vendors license from Allegany County who are authorized to sell paper gaming devices in Allegany County.

§ 333-2 Gaming Office.

A. 
Gaming Office. There shall be established an Allegany County Gaming Office.
B. 
Gaming Office Administrator. There shall be appointed by the County Administrator, with the consent of the Board of County Commissioners, a Gaming Office Administrator. The Administrator shall perform the duties of the job description developed by the Department of Human Resources and approved by the County Administrator. The Gaming Office Administrator shall be employed under a written contract whose term shall be negotiated by the County Administrator and approved by the Board of County Commissioners.
C. 
Inspectors. There shall be employed one or more inspectors who shall be authorized to enter the premises of any licensee under this chapter to insure compliance with the paper gaming law and regulations. Said inspector shall be appointed by the County Administrator with the consent of the Board of County Commissioners and shall receive such compensation and benefits as the Board of County Commissioners shall authorize.
D. 
Clerical staff. There may be employed one or more clerical staff members who shall provide clerical assistance to the Gaming Office. The appointment of said employee(s) shall be by the County Administrator, and such employee(s) may be contract employees, or may be members of the classified service, at the discretion of the County Administrator. Nothing contained herein shall prohibit the County Administrator from assigning existing members of the classified service, subject to the Rules and Regulations Governing Employees of Allegany County, to provide service to the Gaming Office.

§ 333-3 Wholesale vendors.

A. 
License required. No person may sell paper gaming devices in Allegany County to a paper gaming licensee or to a qualified organization without first obtaining from the Gaming Office a wholesale vendors license.
B. 
License. The Gaming Office shall issue a license to all applicants who demonstrate that they are qualified pursuant to rules and regulations to be established by the Board of County Commissioners, and who shall pay the license fee to be established by the Board of County Commissioners.
C. 
Bond. All wholesale vendors shall post such bond as shall be required by the Board of County Commissioners.
D. 
Suspension or revocation. All wholesale vendors shall agree to abide by all rules and regulations established by the Board of County Commissioners and any violation thereof may result in suspension or revocation of the wholesale vendors license pursuant to procedures to be established by rules and regulations.

§ 333-4 Retail sales of paper gaming devices.

A. 
License required. No person, corporation, association, or organization may sell or distribute paper gaming devices in Allegany County without first obtaining a paper gaming license from the Allegany County Gaming Office.
B. 
For-profit businesses and qualified organizations holding alcoholic beverage license. Any for-profit business or qualified organization holding a Class A, C or D retail alcoholic beverage license may apply for a paper gaming license.
C. 
Qualified organizations not holding alcoholic beverage license. Any qualified organization not holding an alcoholic beverage license may engage in the sale of paper gaming devices without obtaining a paper gaming license.
D. 
Regulation. All persons, corporations, associations, or organizations engaging in the sale of paper gaming devices in Allegany County, including qualified organizations that do not possess a license, shall be bound by the rules and regulations governing the sale, distribution, and control of paper gaming in Allegany County as established by the Board of County Commissioners of Allegany County, and all premises where paper gaming is conducted, and all financial records associated with paper gaming, are subject to inspection during regular business hours by Gaming Office inspectors.
E. 
Stamp. All paper gaming licensees shall receive, without charge, a stamp from the Gaming Office which shall be displayed with the alcoholic beverage license.

§ 333-5 Paper gaming taxes.

A. 
The following paper gaming taxes are imposed:
(1) 
On licensees that are qualified organizations: 10% of the gross profit, minus the cost of paper gaming products.
(2) 
On licensees that are for-profit businesses: 40% of the gross profit, minus the cost of paper gaming products.
B. 
Collection of tax. The wholesale vendors shall collect from the retail distributors of paper gaming devices, the paper gaming taxes due and owing to Allegany County, and shall remit said taxes at least quarterly to the Allegany County Tax and Utility Office pursuant to regulations to be established by the Board of County Commissioners.

§ 333-6 Paper Gaming Fund.

A. 
There shall be established a Paper Gaming Fund, and it shall be a continuing, nonlapsing fund, which shall be used to benefit fire and rescue departments in Allegany County and to pay for specified school costs in Allegany County.
B. 
The fund shall consist of:
(1) 
Revenue derived from the taxation of paper gaming;
(2) 
Subject to Subsection C of this section, money received from other sources.
C. 
Money received from the general fund of the state or County, including any federal money, may not be transferred by budget amendment or otherwise to the Fund.
D. 
The Fund shall be invested and reinvested in the same manner as other County funds.
E. 
Annually, the Board of County Commissioners shall:
(1) 
Pay from the Fund all administrative costs of the Gaming Office, including salaries and benefits for the Gaming Office staff; and
(2) 
Allocate the remaining money in the Fund as follows:
(a) 
The Board of County Commissioners, annually by resolution, shall appropriate at least 25%, but not more than 35% of the Fund, to fire and rescue departments; and
(b) 
The balance of the Fund shall be allocated to pay for school construction, school supplies and other non-maintenance of effort public school costs.

§ 333-7 Violations and penalties.

A. 
It shall be a civil infraction, pursuant to Article 25B, § 13C, of the Annotated Code of Maryland for any person, corporation, association, or organization to violate any provisions of this chapter or any rules or regulations promulgated thereby.
B. 
Any person, corporation, association, or organization selling, distributing, or possessing paper gaming devices without a license in violation of this chapter shall be guilty of a misdemeanor which shall be punishable by a term of imprisonment not exceeding 30 days or a fine not exceeding $1,000, or both.
C. 
Suspension or revocation of license. Any licensee under this chapter may have its license suspended or revoked if, after a hearing, the Board of County Commissioners, or its designee, finds that a licensee or its agent has violated this chapter or any rules or regulations promulgated thereby, which punishment shall be in addition to any other civil penalties or criminal penalties which may be imposed.