[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.]
As used in this chapter, the following terms shall have the
meanings indicated:
Those persons holding a wholesale vendors license from Allegany
County who are authorized to sell paper gaming devices in Allegany
County.
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.
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.
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.
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.
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.
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.
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.
