Current with changes from the 2024 Legislative Session
Section 13-1703 - Gaming - Eligible organizations(a) The county commissioners may issue a permit to an organization specified in subsection (c) of this section to use two or more of the following gaming devices in conducting a fundraiser at which a prize of merchandise or money may be awarded: (6) any other gaming device.(b) Unless conducted at an event requiring a permit under subsection (a) of this section, a raffle is not a multiple gaming device regulated under this section.(c)(1) In this subsection, "charity" means an organization, institution, association, society, or corporation that is exempt from taxation under § 501(c)(3) of the Internal Revenue Code.(2) The county commissioners may issue a permit to use multiple gaming devices to: (i) a bona fide religious organization that has conducted religious services at the same location in the county for at least 3 years before applying for a permit;(ii) a county-supported or municipally supported volunteer fire company or an auxiliary unit whose members are directly associated with the volunteer fire company or auxiliary unit;(iii) a nationally chartered veterans' organization or an auxiliary unit whose members are directly associated with the veterans' organization;(iv) for the purpose of conducting a fundraiser for the benefit of a charity located in the county, a bona fide: 1. fraternal organization;2. educational organization;4. patriotic organization; or5. charitable organization; or(v) a bona fide nonprofit organization that:1. has operated on a nonprofit basis in the county for at least 3 years before applying for a permit; and2. intends to use the multiple gaming devices to raise money for an exclusively charitable, athletic, or educational purpose specifically described in the permit application.(d) Before issuing a permit, the county commissioners shall determine that the organization seeking the permit: (1) is organized in and serves the residents of the county; and(2) meets the conditions of this subtitle.(e)(1)(i) Except as provided in subparagraph (ii) of this paragraph, a permit is valid for one event that does not last longer than 6 hours.(ii) The county commissioners may issue a permit for an event longer than 6 hours if the permit holder does not seek more than one permit in the same year.(2) The county commissioners may not approve a permit for gaming events to be held on premises that are licensed under a Class B or Class D alcoholic beverages license.(3) The county commissioners may not issue more than six permits to an organization in a single year.(4) The county commissioners may: (i) charge a fee set by resolution for each permit;(ii) set the number of permits that may be issued each year; and(iii) adopt regulations governing permit applications and the issuance of permits.(f)(1) An organization that is issued a permit shall conduct its fundraiser in a: (i) structure that the organization owns, leases, or occupies;(ii) structure that any organization that would qualify for a permit owns, leases, or occupies; or(iii) public location that is:1. described in the permit application; and2. approved by the State's Attorney for the county.(2)(i) Unless the county commissioners grant a waiver, only a resident of the county may manage and operate a fundraiser for which a permit is issued on behalf of the permit holder.(ii) Each permit holder shall designate an individual to be responsible for compliance with the terms and conditions of this subtitle and a permit issued under this subtitle.(iii) A person may not be compensated for operating the gaming activity conducted under a permit.(g)(1) The permit holder shall use at least one-half of the funds raised using the permit for civic, charitable, or educational purposes.(2) Within 30 days after a fundraiser, the permit holder shall send to the county commissioners:(i) an accounting of all funds received or pledged;(ii) an accounting of all expenses paid or incurred; and(iii) a statement under oath of the application of the net profits.(h) The county commissioners may deny a permit for not more than 3 years to an organization that violates this subtitle or regulations adopted under this subtitle.Amended by 2014 Md. Laws, Ch. 573,Sec. 1, eff. 10/1/2014.