Town of Boothbay Harbor, ME Chapter 99 Gambling

[HISTORY: Adopted by the Town of Boothbay Harbor 3-5-1979 as ATM Art. 44 (Art. 20 of the 1958 Ordinances). Amendments noted where applicable.]

§ 99-1 Purpose.

The purpose of this chapter is to prohibit gambling as a form of commercial exploitation. The activities prohibited are those which the Town Meeting and Board of Selectmen in public meetings have clearly found to be offensive to the general welfare, public safety, order and morals of the Town of Boothbay Harbor and its citizens.

§ 99-2 Prohibited acts.

Games of chance shall not be conducted in the Town of Boothbay Harbor. Games of chance prohibited by this chapter, whether conducted by private enterprise, nonprofit corporation or persons in Boothbay Harbor, include but are not limited to the following:

A. Slot machines.

B. Any mechanical device which operates by insertion of a coin or token or the pressing of a button or lever or by the purchasing of a chance from an operator who sets said device in motion and which by element of chance may reward the player or purchaser in cash, premiums, merchandise or anything of monetary value.

C. Roulette.

D. Policy or numbers.

E. Games of dice.

F. Games of cards.

§ 99-3 Exceptions.

Games of chance allowed by this chapter are:

A. Social gambling, as defined by 17-A M.R.S.A. § 952, Subsection 8.

B. Beano or bingo or lucky sevens, as regulated by 17 M.R.S.A. §§ 311 through 325.

C. Raffles conducted by a nonprofit organization, voluntary public safety organizations and classes or organizations in educational institutions when conducted by that organization's members exclusively for the benefit of the organization.

D. The Maine State lottery.

§ 99-4 Violations and penalties.

A. Any act made unlawful for this chapter and any violation of this chapter shall be punishable by a fine as set forth in Chapter 1, General Provisions, Article II, General Penalty. Each day that such unlawful act or violation continues shall be considered a separate offense.[1]

[1] Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

B. In addition to any other penalty provided by the law, the commission of acts prohibited by this chapter shall constitute a nuisance and may be abated by the town seeking an injunction to prohibit further and continued violation thereof.