 |
 |
| Title
5. Administrative Procedures And Services | | Title
9-a. Maine Consumer Credit Code | | Title
9. Banks And Financial Institutions | | Title 01. General Provisions | | Title 02. Executive | | Title 03. Legislature | | Title 04. Judiciary | | Title 05. Administrative Procedures And Services | | Title 06. Aeronautics | | Title 07. Agriculture And Animals | | Title 08. Amusements And Sports | | Title 09-a. Maine Consumer Credit Code | | Title 09-b. Financial Institutions | | Title 09. Banks And Financial Institutions | | Title 10. Commerce And Trade | | Title 11. Uniform Commercial Code | | Title 12. Conservation | | Title 13-a. Maine Business Corporation Act (heading. Pl 2001, C. 640, Pt. A, @1 (rp); Pt. B, @7 (aff)) | | Title 13-b. Maine Nonprofit Corporation Act | | Title 13-c. Maine Business Corporation Act (heading. Pl 2001, C. 640, Pt. A, @2 (new); Pt. B, @7 (aff)) | | Title 13. Corporations | | Title 14. Court Procedure -- Civil | | Title 15. Court Procedure -- Criminal | | Title 16. Court Procedure -- Evidence | | Title 17-a. Maine Criminal Code | | Title 17. Crimes | | Title 18-a. Probate Code | | Title 18-b. Trusts (heading. Pl 2003, C. 618, Pt. A, @1 (new); @2 (aff) Effective 7-1-05) | | Title 18. Decedents' Estates And Fiduciary Relations | | Title 19-a. Domestic Relations (heading. Pl 1995, C. 694, Pt. B, @2 (new); Pt. E, @2 (aff)) | | Title 19. Domestic Relations (heading. Repealed 10-1-97 By Pl 1995, C. 694, Pt. B, @1 (rp); Pt. E, @2 (aff)) | | Title 20-a. Education | | Title 20. Education | | Title 21-a. Elections | | Title 21. Elections | | Title 22-a. Health And Human Services (heading. Pl 2003, C. 689, Pt. A, @1 (new)) | | Title 22. Health And Welfare | | Title 23. Highways | | Title 24-a. Maine Insurance Code | | Title 24. Insurance | | Title 25. Internal Security And Public Safety | | Title 26. Labor And Industry | | Title 27. Libraries, History, Culture And Art | | Title 28-a. Liquors (heading. Pl 1987, C. 45, Pt. A, @4 (new)) | | Title 28. Liquors (heading. Pl 1987, C. 45, Pt. A, @3 (rp)) | | Title 29-a. Motor Vehicles (heading. Pl 1993, C. 683, Pt. A, @2 (new); Pt. B, @5 (aff)) | | Title 29. Motor Vehicles (heading. Pl 1993, C. 683, @1 (rp); Pt. B, @5 (aff)) | | Title 31. Partnerships And Associations | | Title 32. Professions And Occupations | | Title 33. Property | | Title 34-a. Corrections | | Title 34-b. Behavioral And Developmental Services (heading. Pl 1995, C. 560, Pt. K, @7 (rpr); 2001, C. 354, @3 (amd)) | | Title 34. Public Institutions And Corrections (heading. Pl 1983, C. 459, @5 (rp)) | | Title 36. Taxation | | Title 37-a. Department Of Defense And Veterans Services | | Title 37-b. Defense, Veterans And Emergency Management (heading. Pl 1997, C. 455, @9 (rpr)) | | Title 37. Veterans' Services | | Title 38. Waters And Navigation | | Title 39-a. Workers' Compensation (enacted By Pl 1991, C. 885, Pt. A, @8) | | Title 39. Workers' Compensation (repealed By Pl 1991, C. 885, Pt. A, @7) |
|
|
|
|
| search a lawyer |
|
|
| ACTS, STATUTES |
|
|
|
|
|
|
|
|
|
|
|
|
| Home > Statutes > Usa Maine |
|
USA Statutes : maine
Title : Title 17. CRIMES
Chapter : Chapter 13-A. BEANO OR BINGO
|
|
Title 17 - §311. Definitions
Title 17: CRIMES
Chapter 13-A: BEANO OR BINGO
§311. Definitions
As used in this chapter, unless the context otherwise indicates, the following words shall have the following meanings.
[1975, c. 307, §2 (new).]
1. Beano. "Beano" means a specific kind of group game of chance, regardless of whether such a game is characterized by another name.
Wherever the term "beano" is used, the word "bingo" or any other word used to characterize such a game may be interchanged.
In "beano," each participant is given or sold one or more tally cards, so-called, each of which contains preprinted numbers
or letters and may or may not be arranged in vertical or horizontal rows. The participant covers or marks the numbers or letters
as objects similarly numbered or lettered are drawn from a receptacle and the winner or winners are determined by the sequence
in which those objects are drawn. The manner in which the winner is determined must be clearly announced or displayed before
any game is begun. Until July 1, 1994, a game described in this subsection is "beano" and a licensee may conduct such a game
regardless of whether the manner of determining the winner is specifically described as a permissible manner of determining
the winner in rules adopted by the Chief of State Police.
[1991, c. 796, §2 (amd).]
1-A. Commercial beano hall permit. "Commercial beano hall permit" means written authority from the Chief of the State Police issued to a permittee who rents
or leases premises for profit to a licensee to hold, conduct or operate "beano."
[1999, c. 74, §1 (new).]
1-B. Chief of State Police. "Chief of the State Police" or "chief" means the Chief of the State Police or the chief's designee.
[2001, c. 342, §1 (new).]
2. Equipment. "Equipment" shall mean the receptacle and numbered objects to be drawn from it; the master board upon which such objects
are placed as drawn; the tally cards or sheets bearing such numbers to be covered and the objects used to cover them; the
boards or signs, however operated, used to display the numbers as they are drawn; public address systems; and any other articles
essential to the operation, conduct and playing of "Beano."
[1975, c. 307, §2 (new).]
3. License. "License" shall mean that written authority from the Chief of the State Police to hold, conduct or operate the amusement
commonly known as "Beano" for the entertainment of the public within the State of Maine. A location permit must accompany
the license to be valid.
[1975, c. 307, §2 (new).]
4. Licensee. "Licensee" shall mean any organization which has been granted a license by the Chief of the State Police to hold, conduct
or operate "Beano" or "Bingo."
[1975, c. 307, §2 (new).]
5. Location permit. "Location permit" shall mean that card issued by the Chief of the State Police, describing the premises or area in which
"Beano" may be conducted. Such location permit must be accompanied by a license. Only such locations expressly described in
the location permit shall be used for the conduct of any game.
[1975, c. 307, §2 (new).]
6. Organization. "Organization" shall mean any firm, association or corporation authorized to conduct "Beano" in accordance with this chapter.
[1975, c. 307, §2 (new).]
7. Period. "Period" shall mean the number of calendar weeks authorized by a single license for the operation of "Beano" or "Bingo."
[1975, c. 307, §2 (new).]
7-A. Permittee. "Permittee" means an individual, corporation, partnership or unincorporated association that rents or leases a building
or facilities for profit to a licensee to hold, conduct or operate "beano."
[1999, c. 74, §1 (new).]
7-B. Wild number beano. "Wild number beano" means a beano occasion, game or series of beano games in which a number is picked or denoted as a wild
number that may be used to fill any number or letter on a beano card.
[1999, c. 419, §1 (new).]
8. Winner-take-all round. "Winner-take-all round" means a beano game or series of beano games in which all the proceeds from the sale of the cards
for that round are paid to participants as prizes during that round.
[1987, c. 197, §1 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 17 - §312. License required
Title 17: CRIMES
Chapter 13-A: BEANO OR BINGO
§312. License required
1. License required. A person, firm, association or corporation may not hold, conduct or operate the amusement commonly known as "beano" or "bingo"
for the entertainment of the public within the State unless that person, firm, association or corporation has obtained a license
from the Chief of the State Police.
[2003, c. 452, Pt. I, §2 (new); Pt. X, §2 (aff).]
2. Aiding and abetting. A person, firm, association or corporation may not aid or abet in violation of subsection 1.
[2003, c. 452, Pt. I, §2 (new); Pt. X, §2 (aff).]
3. Restricted hours. A person, firm, association or corporation may not conduct "beano" or "bingo" on Christmas or between the hours of 12 midnight
and 7 a.m. A person, firm, association or corporation may not conduct "beano" or "bingo" on Sunday, except after the hour
of 11 a.m. The prevailing time for the State is used to determine these hours.
[2003, c. 452, Pt. I, §2 (new); Pt. X, §2 (aff).]
4. Penalty. A person who violates this section commits a civil violation for which a fine of not more than $1,000 may be adjudged.
5. Application. This chapter may not be construed to apply to any other amusement or game.
[2003, c. 452, Pt. I, §2 (new); Pt. X, §2 (aff).]
5. Application. This chapter may not be construed to apply to any other amusement or game.
[2003, c. 452, Pt. I, §2 (new); Pt. X, §2 (aff).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 17 - §313-A. Exemption for elderly
Title 17: CRIMES
Chapter 13-A: BEANO OR BINGO
§313-A. Exemption for elderly
Clubs, groups or organizations, composed of individuals at least 90% of whom are 62 years of age or older, that operate "beano"
or "bingo" games for their own entertainment and recreation and not for profit, are exempt from application and licensing
provisions of this chapter.
[1989, c. 825, §1 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 17 - §313. Application
Title 17: CRIMES
Chapter 13-A: BEANO OR BINGO
§313. Application
Any organization desiring to conduct such an amusement shall apply to the Chief of the State Police for a license pursuant
to the provisions set forth in this section. The application shall be on forms provided by the Chief of the State Police,
shall be signed by a duly authorized officer of the organization to be licensed, shall contain the full name and address of
the organization and the location where it is desired to conduct the amusement and shall bear the consent of the municipal
officers of the town or city in which it is proposed to operate such amusement.
[1975, c. 307, § 2 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 17 - §314-A. High-stakes beano
Title 17: CRIMES
Chapter 13-A: BEANO OR BINGO
§314-A. High-stakes beano
1. Eligible organizations. The Chief of the State Police may issue licenses to operate high-stakes beano or high-stakes bingo to a federally recognized
Indian tribe.
A. The Chief of the State Police may also issue, to a federally recognized tribe, licenses to sell lucky seven or other similar
sealed tickets in accordance with section 324-A.
[2003, c. 452, Pt. I, §3 (amd); Pt. X, §2 (aff).]
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. Any prize awarded under this paragraph must 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.
[1991, c. 426, §3 (new).]
The Chief of the State Police may not issue more than one license under this section to a federally recognized Indian tribe
for the same period.
[2003, c. 452, Pt. I, §3 (amd); Pt. X, §2 (aff).]
1-A. Sealed tickets. The Chief of the State Police may also issue to any federally recognized Indian tribe licenses to sell lucky seven or other
similar sealed tickets in accordance with section 324-A.
[2003, c. 452, Pt. I, §4 (new); Pt. X, §2 (aff).]
2. Limit on prizes. Notwithstanding section 317, there is no limit on the value of a single prize or total prizes awarded on any one occasion
for high-stakes beano games operated under this section.
[1987, c. 197, §§3, 7 (new).]
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. 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.
[2003, c. 452, Pt. I, §4 (new); Pt. X, §2 (aff).]
3. Twenty-seven weekends per year. An organization licensed under this section may operate high-stakes beano games on 27 weekends per year, whether or not
consecutive. For purposes of this section, a weekend consists of Saturday and the immediately following Sunday. A high-stakes
beano game licensed under this section and canceled for any reason may be rescheduled at any time, as long as 5 days prior
notice of the new date is given to the Chief of the State Police.
[1991, c. 426, §4 (rpr).]
3-A. Exception. Notwithstanding subsection 3, an organization licensed under this section may operate high-stakes beano or high-stakes bingo
games on New Year's Eve and New Year's Day.
[2003, c. 452, Pt. I, §5 (new); Pt. X, §2 (aff).]
4. Term of license; fees. A license issued under this section is valid for a period of one year. The annual license fee for a high-stakes beano license
is $50,000, payable in advance in quarterly installments. All license fees must be paid to the Treasurer of State to be credited
to the General Fund.
[1991, c. 426, §4 (rpr).]
5. Restrictions; penalty. A licensee may not:
A. Transfer or assign a license issued under this section;
[2003, c. 452, Pt. I, §6 (new); Pt. X, §2 (aff).]
B. Operate or conduct a beano game or high-stakes beano game on the same premises on the same date as another licensee; or
[2003, c. 452, Pt. I, §6 (new); Pt. X, §2 (aff).]
C. Conduct a game outside the Indian Territory of the licensed organization.
[2003, c. 452, Pt. I, §6 (new); Pt. X, §2 (aff).]
A licensee who violates this subsection commits a civil violation for which a fine of not more than $1,000 may be adjudged.
[2003, c. 452, Pt. I, §6 (rpr); Pt. X, §2 (aff).]
6. Applicability of chapter. Except when in direct conflict with this section or as specifically provided, all other provisions of this chapter and rules
adopted under this chapter apply to licenses for high-stakes beano issued under this section. Any rule requiring operators
calling the numbers to be seated on the same floor level as the players does not apply to high-stakes beano.
[1991, c. 426, §5 (amd).]
7. Payment for services. Except as provided in paragraph A, an organization licensed under this section may pay the persons operating the high-stakes
beano games for the organization no more than 200% of the minimum wage as established by Title 26, chapter 7, subchapter III.
The persons need not be members of an organization licensed under this section.
A. An organization licensed under this section may contract for provision of professional legal, advertising, accounting and
auditing services. The persons employed under a contract entered into under this paragraph may receive reasonable professional
fees at a rate higher than minimum wage.
[1991, c. 426, §9 (aff).]
[1991, c. 426, §§9,10 (aff).]
8. Report. Beginning January 15, 1992, any federally recognized Indian tribe licensed to conduct high-stakes beano under this section
must submit a quarterly report on the operation of high-stakes beano to the joint standing committee of the Legislature having
jurisdiction over legal affairs matters. The report must include information on the number of persons playing high-stakes
beano during the preceding calendar quarter, the funds collected for high-stakes beano, the total amount awarded in prizes,
including prizes for attendance and any other information provided to the Bureau of State Police regarding the operation of
high-stakes beano.
[1991, c. 426, §6 (new).]
9. Exception.
[2003, c. 452, Pt. I, §7 (rp); Pt. X, §2 (aff).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 17 - §314-B. Winner-take-all beano rounds
Title 17: CRIMES
Chapter 13-A: BEANO OR BINGO
§314-B. Winner-take-all beano rounds
1. Eligible organizations. An organization licensed under section 314 may operate one winner-take-all round per occasion.
[1987, c. 197, §4 (new).]
2. Prizes. Notwithstanding the prize limits in section 317, an organization operating a winner-take-all round under this section shall
pay all proceeds from each winner-take-all round as prizes, provided no winner receives more than $500.
[1987, c. 197, § 4 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 17 - §314-C. Wild number beano
Title 17: CRIMES
Chapter 13-A: BEANO OR BINGO
§314-C. Wild number beano
An organization licensed under section 314 may conduct wild number beano during any beano occasion. The wild number must
be announced at the beginning of a wild number beano game or at the beginning of each game conducted as part of a series.
[1999, c. 419, §2 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 17 - §314. Issuance of license; fees
Title 17: CRIMES
Chapter 13-A: BEANO OR BINGO
§314. Issuance of license; fees
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.
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.
[1999, c. 63, §1 (amd).]
div>
The fee for such a license to any nonprofit organization is $12.00 for each calendar week, or portion thereof, that the amusement
is to be operated, or the license may be issued for a calendar month for a fee of $36.00 or a calendar year for a fee of $400.
A special per-game license may be issued to any qualified nonprofit organization for the purposes of operating a game of
"beano" or "bingo" for a fee of $5.00. The special per-game license may not be issued more than 6 times to any one organization
in a calendar year. All license fees must be paid to the Treasurer of State to be credited to the General Fund. A license
is not assignable or transferable. Nothing contained in this section may be construed to prohibit any volunteer fire department
or any agricultural fair association or bona fide nonprofit charitable, educational, political, civic, recreational, fraternal,
patriotic, religious, veterans' organization or auxiliary of any of them from obtaining licenses for a period not to exceed
6 months on one application. No more than one license may be issued to any organization for any one period. No more than
one licensee may operate or conduct a game of "beano" or "bingo" on the same premises on the same date.
[1997, c. 684, §1 (amd).]
div>
All fees required by this chapter shall accompany the application for a license. Fees submitted as license fees shall be refunded
if the license is not issued. Fees shall not be refunded for unused licenses or for any license which is suspended or revoked
as provided by this chapter.
[1975, c. 307, §2 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 17 - §315. Seasonal licenses
Title 17: CRIMES
Chapter 13-A: BEANO OR BINGO
§315. Seasonal licenses
Notwithstanding section 314, the Chief of the State Police may issue seasonal licenses to operate "Beano" or "Bingo" games
in bona fide resort hotels, provided they are operated and conducted therein by the management without profit and solely for
the entertainment of guests of the hotel registered therein, and provided that charges, if any, to the guests for participation
in such entertainment shall be limited to a maximum of $2 in any 24-hour period. The fee for such license shall be $10 and
shall be paid to the Treasurer of State to be credited to the General Fund. Hotel and liquor licenses of any such resort hotel
licensees shall not be withheld because of the conducting of such resort hotel of the game of "Beano" or "Bingo."
[1975, c. 307, §2 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 17 - §316. Evidence
Title 17: CRIMES
Chapter 13-A: BEANO OR BINGO
§316. Evidence
The Chief of the State Police may require such evidence as the chief may determine necessary to satisfy the chief that an
applicant or organization licensed to conduct beano conforms to the restrictions and other provisions of this chapter. Charters,
organizational papers, bylaws or other such written orders of founding that outline or otherwise explain the purpose for which
organizations were founded must, upon request, be forwarded to the Chief of the State Police. The Chief of the State Police
may require such evidence as the chief may determine necessary regarding the conduct of beano by a licensee to determine compliance
with this chapter.
[2001, c. 538, §1 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 17 - §317-A. Investigations; actions on licenses
Title 17: CRIMES
Chapter 13-A: BEANO OR BINGO
§317-A. Investigations; actions on licenses
1. Chief of the State Police. The Chief of the State Police may:
A. Investigate all aspects of this chapter including the direct and indirect ownership or control of any licenses or commercial
beano hall permits;
[1999, c. 74, §3 (amd).]
B. Suspend, revoke or refuse to issue a license, after notice of the opportunity for a hearing, if the applicant, applicant's
agent or employee, licensee or licensee's agent or employee violates a provision of this chapter or Title 17-A, chapter 39
or fails to meet the statutory requirements for licensure pursuant to this chapter;
[2001, c. 342, §2 (amd).]
C. Immediately suspend or revoke a license if there is probable cause to believe that the licensee or the licensee's agent
or employee violated a provision of Title 17-A, chapter 39;
[1999, c. 74, §3 (amd).]
D. Suspend or revoke a commercial beano hall permit, after notice of the opportunity for hearing, if a permittee or permittee's
employee commits murder or a Class A, B or C crime or violates a provision of this chapter or Title 17-A, chapter 15, 29,
37 or 39;
[2001, c. 342, §2 (amd).]
E. Immediately suspend or revoke a commercial beano hall permit if there is probable cause to believe that the permittee or
the permittee's employee committed murder or a Class A, B or C crime or violated a provision of Title 17-A, chapter 15, 29,
37 or 39; and
[2001, c. 342, §2 (amd).]
F. Issue a subpoena in the name of the State Police in accordance with Title 5, section 9060, except that this authority applies
to any stage of an investigation under this chapter and is not limited to an adjudicatory hearing. This authority may not
be used in the absence of reasonable cause to believe a violation has occurred. If a witness refuses to obey a subpoena or
to give any evidence relevant to proper inquiry by the chief, the Attorney General may petition the Superior Court in the
county where the refusal occurred to find the witness in contempt. The Attorney General shall cause to be served on that
witness an order requiring the witness to appear before the Superior Court to show cause why the witness should not be adjudged
in contempt. The court shall, in a summary manner, hear the evidence and, if it is such as to warrant the court in doing
so, punish that witness in the same manner and to the same extent as for contempt committed before the Superior Court or with
reference to the process of the Superior Court.
[2001, c. 342, §2 (new).]
[2001, c. 342, §2 (amd).]
2. Licensing action after notice and opportunity for hearing. The Chief of the State Police shall notify the applicant, licensee or permittee in writing, before a license or permit is
denied, suspended or revoked pursuant to subsection 1, paragraph B or D, of the intended denial or commencement date of the
suspension or revocation, which may not be made any sooner than 96 hours after the licensee's or permittee's receipt of the
notice, of the duration of the suspension or revocation and of the right to a hearing pursuant to this subsection. The applicant,
licensee or permittee has the right to request a hearing before the Commissioner of Public Safety or the commissioner's designee.
Upon the applicant's, licensee's or permittee's request for a hearing, the Commissioner of Public Safety shall provide a
hearing. The hearing must comply with the Maine Administrative Procedure Act. The purpose of the hearing is to determine
whether a preponderance of the evidence establishes that the applicant, applicant's agent or employee, licensee or licensee's
agent or employee violated a provision of this chapter or Title 17-A, chapter 39 or the permittee or the permittee's employee
committed murder or a Class A, B or C crime or violated a provision of this chapter or Title 17-A, chapter 15, 29, 37 or 39.
A request for a hearing may not be made any later than 10 days after the applicant, licensee or permittee is notified of
the proposed denial, suspension or revocation. The suspension or revocation action must be stayed pending the hearing; the
hearing may not be held any later than 30 days after the date the commissioner receives the request unless otherwise agreed
by the parties or continued upon request of a party for cause shown.
[2001, c. 342, §2 (amd).]
3. Immediate suspension or revocation. A licensee whose license or permittee whose permit is immediately suspended or revoked by the Chief of the State Police
pursuant to subsection 1, paragraph C or E must be notified in writing of the duration of the suspension or revocation and
the licensee's or the permittee's right to request a hearing before the Commissioner of Public Safety or the commissioner's
designee. Upon the licensee's or permittee's request for a hearing, the Commissioner of Public Safety shall provide a hearing.
The hearing must comply with the Maine Administrative Procedure Act. The purpose of the hearing is to determine whether
a preponderance of the evidence establishes that the licensee or the licensee's agent or employee violated a provision of
Title 17-A, chapter 39 or the permittee or the permittee's employee committed murder or a Class A, B or C crime or violated
a provision of Title 17-A, chapter 15, 29, 37 or 39. A request for a hearing may not be made any later than 48 hours after
the licensee or permittee is notified of the suspension or revocation. A hearing may not be held any later than 10 days after
the date the commissioner receives the request.
[1999, c. 74, §3 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 17 - §317. Rules and regulations
Title 17: CRIMES
Chapter 13-A: BEANO OR BINGO
§317. Rules and regulations
The Chief of the State Police has the power to adopt rules, not inconsistent with law, that are necessary for the administration
and enforcement of this chapter and for the licensing, conduct and operation of the amusement commonly known as "Beano" or
"Bingo" and for the permitting and operation of commercial beano halls. The Chief of the State Police has the power and
authority to regulate, supervise and exercise general control over the operation of such amusement and commercial beano halls,
including, but not limited to, the payment of prizes and the use of equipment. Any rule adopted by the Chief of the State
Police concerning the value of prizes that may be awarded must include a provision that no single prize may exceed $400 in
value and that no more than $1,400 in total prizes may be awarded on any one occasion. In establishing such rules, which
are routine technical rules pursuant to Title 5, chapter 375, subchapter II-A, the Chief of the State Police must, in addition
to the standards set forth in other provisions of this chapter, use the following standards setting forth conduct, conditions
and activity considered undesirable:
[1999, c. 74, §2 (amd).]
1. Fraud. The practice of any fraud or deception upon a participant in a game of "beano" or "bingo;"
[1975, c. 307, §2 (new).]
2. Unsafe premises. The conduct of "beano" in, at or upon premises which may be unsafe due to fire hazard or other such conditions;
[1975, c. 307, §2 (new).]
3. Advertising; solicitation and enticement. Advertising which is obscene, solicitation on a public way of persons to participate in "beano," charging admission or awarding
prizes for attendance.
[1975, c. 307, §2 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 17 - §318. Expense of administration
Title 17: CRIMES
Chapter 13-A: BEANO OR BINGO
§318. Expense of administration
The necessary expenses of administering this chapter shall be paid out of the fees received under this chapter.
[1975, c. 307, § 2 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 17 - §319. Persons under 16
Title 17: CRIMES
Chapter 13-A: BEANO OR BINGO
§319. Persons under 16
Persons under the age of 16 years shall not be permitted to take part in the conduct of, nor participate in, the game of "Beano"
or "Bingo," nor shall such minor be admitted to the playing area unless accompanied by parent, guardian or other responsible
person.
[1975, c. 307, § 2 (new).]
div>
No "Beano" or "Bingo" games licensed under this chapter shall be conducted unless some person at least 18 years of age, who
has been a member in good standing of the licensee for at least 2 years, exercises exclusive control of each game played.
[1975, c. 307, § 2 (new).]
div>
No license for the conduct of "Beano" or "Bingo" shall be issued to any firm, association, corporation or group composed wholly
or primarily of minors.
[1975, c. 307, § 2 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 17 - §320. Conduct of beano
Title 17: CRIMES
Chapter 13-A: BEANO OR BINGO
§320. Conduct of beano
1. Liquor prohibited. A licensee may not conduct "beano" or "bingo" in the same room where liquor is sold, served or consumed during the period
of one hour before the conduct of the games.
[2003, c. 452, Pt. I, §8 (new); Pt. X, §2 (aff).]
2. Disorderly persons prohibited. A licensee may not permit a disorderly person to enter or remain within the room or area where "beano" or "bingo" games
are being conducted.
[2003, c. 452, Pt. I, §8 (new); Pt. X, §2 (aff).]
3. Penalty. A person who violates this section commits a civil violation for which a fine of not more than $1,000 may be adjudged.
[2003, c. 452, Pt. I, §8 (new); Pt. X, §2 (aff).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 17 - §321. Effect of other laws
Title 17: CRIMES
Chapter 13-A: BEANO OR BINGO
§321. Effect of other laws
All acts and parts of acts inconsistent herewith shall be inoperative as to this chapter, and the share of the State stipend
for aid and encouragement to agricultural societies shall not be withheld from any such society because of the conducting
on the fair grounds of the game of "Beano" or "Bingo."
[1975, c. 307, § 2 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 17 - §322. Reports
Title 17: CRIMES
Chapter 13-A: BEANO OR BINGO
§322. Reports
The Chief of the State Police shall require from any organization licensed to operate "Beano" or "Bingo" and any individual,
corporation, partnership or unincorporated association that has a permit to operate a commercial beano hall whatever reports
the chief determines necessary for the purpose of the administration and enforcement of this chapter.
[1999, c. 74, §4 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 17 - §323. Access to premises
Title 17: CRIMES
Chapter 13-A: BEANO OR BINGO
§323. Access to premises
An organization making application to the Chief of the State Police to conduct or operate "Beano" or "Bingo," an organization
licensed under this chapter to operate "Beano" or "Bingo," a commercial beano hall permit applicant or a commercial beano
hall permittee shall permit inspection of any equipment, prizes, records or items and materials used or to be used in the
conduct or operation of "Beano" or "Bingo" by the Chief of the State Police or the chief's authorized representative.
[1999, c. 74, §5 (amd).]
div>
The licensee or permittee shall permit at any time an inspector from the Department of Public Safety or the city or town fire
inspectors of the municipality in which "Beano" is being conducted to enter and inspect the premises.
[1999, c. 74, §5 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 17 - §324-A. Games of chance prohibited at "beano" locations
Title 17: CRIMES
Chapter 13-A: BEANO OR BINGO
§324-A. Games of chance prohibited at "beano" locations
1. Games of chance where "beano" located. A person may not conduct a "beano" game at any location where a lottery or other game of chance is conducted.
[2003, c. 452, Pt. I, §10 (new); Pt. X, §2 (aff).]
2. Games of chance before "beano." A person may not conduct a lottery or other game of chance during the period of one hour before the conduct of any "beano"
game at the specific location of the "beano" game, except that the following lotteries may be conducted during the period
of one hour before the conduct of "beano" games.
A. Lottery tickets issued by the State Liquor and Lottery Commission may be sold when a valid license certificate issued by
the commission is properly displayed.
[2003, c. 452, Pt. I, §10 (new); Pt. X, §2 (aff).]
B. Raffle tickets may be sold in accordance with chapter 14.
[2003, c. 452, Pt. I, §10 (new); Pt. X, §2 (aff).]
C. Lucky seven or similar sealed tickets may be sold when that game of chance is licensed by the Chief of the State Police
and when a valid license certificate is properly displayed. Notwithstanding the other provisions of this section and section
312, lucky seven games may be conducted during the period beginning 2 hours before and ending 2 hours after a "beano" game.
Notwithstanding any other rule, lucky seven or other similar sealed tickets may be sold that have a sale value of $1 or less.
[2003, c. 452, Pt. I, §10 (new); Pt. X, §2 (aff).]
[2003, c. 452, Pt. I, §10 (new); Pt. X, §2 (aff).]
3. Location defined. For purposes of this section, "location" means the location specified in the location permit.
[2003, c. 452, Pt. I, §10 (new); Pt. X, §2 (aff).]
4. Penalty. A person who violates this section commits a civil violation for which a fine of not more than $1,000 may be adjudged.
[2003, c. 452, Pt. I, §10 (new); Pt. X, §2 (aff).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 17 - §324. Games of chance prohibited at "Beano" locations (REPEALED)
Title 17: CRIMES
Chapter 13-A: BEANO OR BINGO
§324. Games of chance prohibited at "Beano" locations (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 17 - §325. Penalties
Title 17: CRIMES
Chapter 13-A: BEANO OR BINGO
§325. Penalties
1. Violation of chapter or rules; general penalty. Except as otherwise specifically provided, a person, firm, association or corporation that violates a provision of this
chapter or a rule of the Chief of the State Police prescribed by authority of this chapter commits a civil violation for which
a fine of not more than $1,000 may be adjudged.
[2003, c. 452, Pt. I, §11 (new); Pt. X, §2 (aff).]
2. Commercial beano hall violations. A person, corporation, partnership or unincorporated association that rents or leases a building or facilities to hold,
conduct or operate "beano" or "bingo" commits a Class E crime if that person, corporation, partnership or unincorporated association:
A. Rents or leases a building or facilities to hold, conduct or operate a "beano" or "bingo" game without a commercial beano
hall permit issued by the Chief of the State Police; or
[2003, c. 452, Pt. I, §11 (new); Pt. X, §2 (aff).]
B. Violates a provision of this chapter or a rule adopted by the Chief of the State Police pursuant to this chapter.
[2003, c. 452, Pt. I, §11 (new); Pt. X, §2 (aff).]
Violation of this subsection is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.
[2003, c. 452, Pt. I, §11 (new); Pt. X, §2 (aff).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 17 - §326. Proceeds
Title 17: CRIMES
Chapter 13-A: BEANO OR BINGO
§326. Proceeds
1. Payment of proceeds.
[1993, c. 45, §2 (rp).]
1-A. Payment of proceeds. An organization licensed to operate beano or bingo and Lucky 7 games in conjunction with beano or bingo may use the proceeds
or part of the proceeds to:
A. Pay salaries, wages or remuneration to any person directly involved in operating beano, bingo or Lucky 7 games;
[1993, c. 45, §3 (new).]
B. Defray the expenses or part of the expenses that further the purpose for which the organization is formed except that proceeds
may not be:
(1) Used to purchase alcohol or to defray the cost of activities where alcohol is served; or
(2) Paid directly to organization members except as specifically allowed in this subsection; and
[1993, c. 45, §3 (new).]
C. Defray the expenses or part of the expenses of a member, auxiliary member, officer or employee of the organization for a
serious illness, injury or casualty loss if the licensee makes an application and the application is approved by the licensing
division within the Bureau of State Police.
(1) An application must be made in the form and contain the information the licensing division requires.
(a) In the case of serious illness or injury, the licensing division may require certification by a licensed physician setting
out the facts in support of the application.
(b) In the case of a casualty loss, the licensing division may require statements or reports from a law enforcement agency,
rescue or other emergency services personnel or an insurance agency to support the application.
(c) The licensing division may deny an application if it appears that the person who would receive the proceeds has adequate
means of financial support, including, but not limited to, insurance or workers' compensation benefits.
[1993, c. 45, §3 (new).]
[1993, c. 45, §3 (new).]p align="center">$HN1-B. Filing.$HN An organization that chooses to use the proceeds or part of the proceeds as allowed by subsection 1-A
must file with the Chief of the State Police, at least quarterly, a form for the disposition of funds prescribed by the Chief
of the State Police detailing all payments made. Every statement on the form must be made under oath by an officer of the
organization.
[1993, c. 45, §3 (new).]p align="center">$HN2. Rules.$HN The rules adopted pursuant to section 317 must contain standards governing payments made under this section.
Payments under subsection 1-A, paragraph A may not exceed 20% of the revenue generated by the games and the rules must limit
payments to reasonable compensation, taking into account the nature of the services rendered, comparable wage rates, the size
of the organization and other revenues, the size of the games and the revenue generated by the games. The Chief of the State
Police may disallow any excessive payment of proceeds, may suspend an organization's license for excessive payment of proceeds
and may condition the restoration of an organization's license on the repayment of an excessive payment of proceeds by the
organization.
p align="center">A.
[1991, c. 590 (rp).]p align="center">B.
[1991, c. 590 (rp).]p align="center">C.
[1991, c. 590 (rp).]
[1993, c. 45, §4 (amd).]p align="center">$HN3. Rules.$HN
[1991, c. 590 (rp).]p align="center">$HN4. Posting.$HN An organization licensed to operate beano or bingo and Lucky 7 games in conjunction with beano or bingo
shall post in a conspicuous place in the room or hall where the licensed game is conducted a sign that states: the net revenue
earned from the operation of those games in dollars and cents; the amount of charitable donations from that net revenue in
dollars and cents; what percentage in dollars and cents of the net revenue that amount represents in donations to nonprofit
activities; and what percentage of the net revenue was distributed from licensed games for the previous calendar year and
the current calendar year.
[1997, c. 684, §4 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 17 - §327. Nonsmoking area
Title 17: CRIMES
Chapter 13-A: BEANO OR BINGO
§327. Nonsmoking area
The Chief of State Police shall adopt rules that allow a licensee to establish a nonsmoking area within the room or outdoor
area where the operator calls the numbers. Visibility and access between the smoking and nonsmoking areas may not be impeded
except that a doorway may be installed. Both the smoking and nonsmoking areas must have a public address system and a master
board, electric flashboard or chalkboard visible to all players. A member of the licensee must be present during the game
in both the smoking and the nonsmoking areas. Rules adopted pursuant to this section are routine technical rules as defined
by Title 5, chapter 375, subchapter II-A.
[1997, c. 232, §1 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 17 - §328. Commercial beano hall
Title 17: CRIMES
Chapter 13-A: BEANO OR BINGO
§328. Commercial beano hall
1. Permit required. An individual, corporation, partnership or unincorporated association may not rent or lease space for profit to a licensee
to hold, conduct or operate "Beano" or "Bingo" unless a commercial beano hall permit is obtained from the Chief of the State
Police.
[1999, c. 74, §7 (new).]
2. Application. An individual, corporation, partnership or unincorporated association desiring to rent or lease space for profit for the
purpose given in subsection 1 shall apply to the Chief of the State Police for a commercial beano hall permit. The application
must be on forms provided by the Chief of the State Police, must contain the full name and address of the individual or entity
seeking to be permitted and the location of the building or facility to be rented or leased. An applicant who is an individual
shall list the individual's name and address. An applicant that is a corporation, partnership or unincorporated association
shall also list the names and addresses of any owners with a 10% or greater interest in the corporation, partnership or unincorporated
association seeking the permit.
A. The applicant shall submit 2 fingerprint cards bearing the legible rolled and flat impression of the fingerprints of the
owner, if the owner is an individual, of any owner who owns or controls a 50% or greater interest in the corporation, partnership
or the unincorporated association, and, of the manager, if the manager is not the owner as previously described, prepared
by a state or local public law enforcement agency to be forwarded to the State Bureau of Identification for the purpose of
conducting state and national criminal history record checks.
[1999, c. 74, §7 (new).]
[1999, c. 74, §7 (new).]
3. Renewal; change of ownership or manager. A permittee seeking to renew a permit shall submit an application, but is not required to submit additional fingerprint
cards. The permittee is required to notify the Chief of the State Police of any change in ownership or management of the
commercial beano hall. The Chief of the State Police may require additional information or fingerprint submission subsequent
to a change in ownership or management.
[1999, c. 74, §7 (new).]
4. Use of criminal history record. The Chief of the State Police may use state and federal criminal history record information for the purpose of screening
applicants. The Chief of the State Police may refuse to issue or renew a permit for an individual, corporation, partnership
or unincorporated association if an owner or manager has been found guilty of murder or a Class A, B or C crime or a violation
of this chapter or Title 17-A, chapter 15, 29, 37 or 39 or a similar law in another state or jurisdiction, unless that conduct
is not punishable as a crime under the laws of that state or other jurisdiction in which it occurred.
[1999, c. 74, §7 (new).]
5. Duration of permit and fee. The Chief of the State Police may issue a commercial beano hall permit for a calendar year for a fee of $500.
[1999, c. 74, §7 (new).]
6. Membership in licensee organization. The permittee or the permittee's employee may not be a member of a licensee organization renting or leasing the commercial
beano hall.
[1999, c. 74, §7 (new).]
7. Rent or lease amount. The permittee shall charge a licensee fair market value and may not charge based on the percentage of profit which the licensee
makes for the rent or lease of a commercial beano hall.
[1999, c. 74, §7 (new).]
8. Exception. The requirements of this section do not apply to an agricultural fair association that qualifies for a license and operates
beano or bingo games pursuant to section 314.
[1999, c. 74, §7 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 17 - §329. Assistance for player
Title 17: CRIMES
Chapter 13-A: BEANO OR BINGO
§329. Assistance for player
A person conducting or assisting in the conduct of beano may assist a player by playing that player's cards while the player
takes a restroom break. This section does not apply to the conduct of high-stakes beano.
[2003, c. 353, §1 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
|
|
|
|
