MD
Maryland House Bill HB277

Maryland 2024 Regular Session

Maryland House Bill HB277 Compare Versions

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1- WES MOORE, Governor Ch. 689
21
3-– 1 –
4-Chapter 689
5-(House Bill 277)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ *hb0277*
89
9-Frederick County – Local Gaming and Authorization for Electronic Tip Jar
10-Dispensers
10+HOUSE BILL 277
11+C7 4lr1191
12+ CF SB 415
13+By: Delegate Kerr
14+Introduced and read first time: January 12, 2024
15+Assigned to: Ways and Means
16+Committee Report: Favorable
17+House action: Adopted
18+Read second time: March 8, 2024
1119
12-FOR the purpose of authorizing, subject to certain provisions of law, a person that operates
13-a tip jar in Frederick County to operate a certain electronic tip jar dispenser; altering
14-certain obsolete language in provisions of law governing gaming in Frederick
15-County; and generally relating to gaming and electronic tip jar dispensers in
16-Frederick County.
20+CHAPTER ______
1721
18-BY repealing and reenacting, with amendments,
19- Article – Criminal Law
20-Section 13–1301, 13–1304, 13–1305, and 13–1306(a)
21- Annotated Code of Maryland
22- (2021 Replacement Volume and 2023 Supplement)
22+AN ACT concerning 1
2323
24- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
25-That the Laws of Maryland read as follows:
24+Frederick County – Local Gaming and Authorization for Electronic Tip Jar 2
25+Dispensers 3
2626
27-Article – Criminal Law
27+FOR the purpose of authorizing, subject to certain provisions of law, a person that operates 4
28+a tip jar in Frederick County to operate a certain electronic tip jar dispenser; altering 5
29+certain obsolete language in provisions of law governing gaming in Frederick 6
30+County; and generally relating to gaming and electronic tip jar dispensers in 7
31+Frederick County. 8
2832
29-13–1301.
33+BY repealing and reenacting, with amendments, 9
34+ Article – Criminal Law 10
35+Section 13–1301, 13–1304, 13–1305, and 13–1306(a) 11
36+ Annotated Code of Maryland 12
37+ (2021 Replacement Volume and 2023 Supplement) 13
3038
31- (A) In this subtitle[, “gaming event”] THE FOLLOWING WORDS HAVE THE
32-MEANINGS INDICATED .
39+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
40+That the Laws of Maryland read as follows: 15
3341
34- (B) “GAMING EVENT” includes:
42+Article – Criminal Law 16
3543
36- (1) a bazaar;
44+13–1301. 17
3745
38- (2) a carnival;
46+ (A) In this subtitle[, “gaming event”] THE FOLLOWING WORDS HAVE THE 18
47+MEANINGS INDICATED . 19
48+ 2 HOUSE BILL 277
3949
40- (3) a raffle;
4150
42- (4) a tip jar; and
51+ (B) “GAMING EVENT” includes: 1
4352
44- (5) a punchboard.
53+ (1) a bazaar; 2
4554
46- (C) “TIP JAR” INCLUDES AN ELECTRON IC TIP JAR DISPENSER THAT DOES
47-NOT CONNECT TO THE INTERNET OR TO A SERV ER.
48- Ch. 689 2024 LAWS OF MARYLAND
55+ (2) a carnival; 3
4956
50-– 2 –
51-13–1304.
57+ (3) a raffle; 4
5258
53- (a) Before an organization listed in subsection (b) of this section may conduct a
54-gaming event, the organization shall obtain a permit from the county [agency that the
55-county commissioners designate] DEPARTMENT OF PERMITS AND INSPECTIONS.
59+ (4) a tip jar; and 5
5660
57- (b) An organization may conduct a gaming event for its own benefit if the
58-organization is:
61+ (5) a punchboard. 6
5962
60- (1) a bona fide:
63+ (C) “TIP JAR” INCLUDES AN ELECTRON IC TIP JAR DISPENSER THAT DOES 7
64+NOT CONNECT TO THE INTERNET OR TO A SERV ER. 8
6165
62- (i) religious organization;
66+13–1304. 9
6367
64- (ii) fraternal organization;
68+ (a) Before an organization listed in subsection (b) of this section may conduct a 10
69+gaming event, the organization shall obtain a permit from the county [agency that the 11
70+county commissioners designate] DEPARTMENT OF PERMITS AND INSPECTIONS. 12
6571
66- (iii) civic organization;
72+ (b) An organization may conduct a gaming event for its own benefit if the 13
73+organization is: 14
6774
68- (iv) war veterans’ organization;
75+ (1) a bona fide: 15
6976
70- (v) hospital;
77+ (i) religious organization; 16
7178
72- (vi) amateur athletic organization;
79+ (ii) fraternal organization; 17
7380
74- (vii) patriotic organization;
81+ (iii) civic organization; 18
7582
76- (viii) educational organization; or
83+ (iv) war veterans’ organization; 19
7784
78- (ix) charitable organization;
85+ (v) hospital; 20
7986
80- (2) a Frederick County volunteer:
87+ (vi) amateur athletic organization; 21
8188
82- (i) fire company;
89+ (vii) patriotic organization; 22
8390
84- (ii) rescue company; or
91+ (viii) educational organization; or 23
8592
86- (iii) ambulance company; or
93+ (ix) charitable organization; 24
8794
88- (3) an auxiliary for a Frederick County volunteer:
95+ (2) a Frederick County volunteer: 25
8996
90- (i) fire company;
97+ (i) fire company; 26 HOUSE BILL 277 3
9198
92- (ii) rescue company; or
9399
94- (iii) ambulance company.
95- WES MOORE, Governor Ch. 689
96100
97-– 3 –
98- (c) (1) Before the county [agency] DEPARTMENT OF PERMITS AND
99-INSPECTIONS may issue a gaming permit, the county [agency] DEPARTMENT OF
100-PERMITS AND INSPECTIONS shall determine whether the organization applying for the
101-gaming permit meets the requirements of this section.
101+ (ii) rescue company; or 1
102102
103- (2) An application and the action that the county [agency] DEPARTMENT
104-OF PERMITS AND INSPECTIONS takes on the application are public records.
103+ (iii) ambulance company; or 2
105104
106- (d) (1) (i) A gaming permit is valid for 1 year after the date that it is issued.
105+ (3) an auxiliary for a Frederick County volunteer: 3
107106
108- (ii) A gaming permit may not be transferred.
107+ (i) fire company; 4
109108
110- (2) [The county commissioners] FREDERICK COUNTY may charge a
111-permit fee.
109+ (ii) rescue company; or 5
112110
113- (e) (1) Only members of an organization that holds a gaming permit may
114-conduct the gaming event.
111+ (iii) ambulance company. 6
115112
116- (2) Except as allowed under § 13–1305 of this subtitle, an individual may
117-not benefit financially from a gaming event.
113+ (c) (1) Before the county [agency] DEPARTMENT OF PERMITS AND 7
114+INSPECTIONS may issue a gaming permit, the county [agency] DEPARTMENT OF 8
115+PERMITS AND INSPECTIONS shall determine whether the organization applying for the 9
116+gaming permit meets the requirements of this section. 10
118117
119- (3) A gaming permit authorizes a gaming event to be conducted on a
120-Sunday during the hours of sale for the alcoholic beverages sold at the establishment where
121-the gaming event is conducted.
118+ (2) An application and the action that the county [agency] DEPARTMENT 11
119+OF PERMITS AND INSPECTIONS takes on the application are public records. 12
122120
123- (f) (1) The holder of a gaming permit may award:
121+ (d) (1) (i) A gaming permit is valid for 1 year after the date that it is issued. 13
124122
125- (i) prizes to individuals at a gaming event; and
123+ (ii) A gaming permit may not be transferred. 14
126124
127- (ii) only one major prize at each gaming event.
125+ (2) [The county commissioners] FREDERICK COUNTY may charge a 15
126+permit fee. 16
128127
129- (2) During each calendar year, the holder of a gaming event, including a
130-raffle for which the prize drawings are held on a single day, may not hold or receive the
131-proceeds from more than four gaming events in which the major prize has a value of more
132-than $5,000.
128+ (e) (1) Only members of an organization that holds a gaming permit may 17
129+conduct the gaming event. 18
133130
134- (3) During each calendar year, the holder of a gaming event may hold one
135-raffle in which prize drawings are held on more than a single day if the major prize has a
136-value of $5,000 or less.
131+ (2) Except as allowed under § 13–1305 of this subtitle, an individual may 19
132+not benefit financially from a gaming event. 20
137133
138- (4) [The county commissioners] FREDERICK COUNTY may regulate the
139-number of permits to conduct a raffle that an organization may receive in 1 calendar year.
134+ (3) A gaming permit authorizes a gaming event to be conducted on a 21
135+Sunday during the hours of sale for the alcoholic beverages sold at the establishment where 22
136+the gaming event is conducted. 23
140137
141- (g) [The county commissioners] FREDERICK COUNTY may adopt regulations to
142-carry out this section and §§ 13–1305 and 13–1307 of this subtitle.
143- Ch. 689 2024 LAWS OF MARYLAND
138+ (f) (1) The holder of a gaming permit may award: 24
144139
145-– 4 –
146-13–1305.
140+ (i) prizes to individuals at a gaming event; and 25
147141
148- (a) (1) To operate a tip jar or punchboard in the county, an establishment or
149-proprietor must be licensed to serve food and alcoholic beverages for consumption on the
150-premises.
142+ (ii) only one major prize at each gaming event. 26
151143
152- (2) The operator of a tip jar shall display conspicuously a gaming permit
153-issued to the beneficiary of the tip jar under § 13–1304 of this subtitle.
144+ (2) During each calendar year, the holder of a gaming event, including a 27
145+raffle for which the prize drawings are held on a single day, may not hold or receive the 28 4 HOUSE BILL 277
154146
155- (3) The operator of a punchboard shall display within the establishment a
156-gaming permit issued to the beneficiary of the punchboard under § 13–1304 of this subtitle.
157147
158- (b) (1) A person may operate a tip jar or punchboard in the county only for the
159-benefit of one of the following organizations located in the county:
148+proceeds from more than four gaming events in which the major prize has a value of more 1
149+than $5,000. 2
160150
161- (i) a bona fide:
151+ (3) During each calendar year, the holder of a gaming event may hold one 3
152+raffle in which prize drawings are held on more than a single day if the major prize has a 4
153+value of $5,000 or less. 5
162154
163- 1. religious organization;
155+ (4) [The county commissioners] FREDERICK COUNTY may regulate the 6
156+number of permits to conduct a raffle that an organization may receive in 1 calendar year. 7
164157
165- 2. fraternal organization;
158+ (g) [The county commissioners] FREDERICK COUNTY may adopt regulations to 8
159+carry out this section and §§ 13–1305 and 13–1307 of this subtitle. 9
166160
167- 3. civic organization;
161+13–1305. 10
168162
169- 4. war veterans’ organization;
163+ (a) (1) To operate a tip jar or punchboard in the county, an establishment or 11
164+proprietor must be licensed to serve food and alcoholic beverages for consumption on the 12
165+premises. 13
170166
171- 5. hospital;
167+ (2) The operator of a tip jar shall display conspicuously a gaming permit 14
168+issued to the beneficiary of the tip jar under § 13–1304 of this subtitle. 15
172169
173- 6. amateur athletic organization;
170+ (3) The operator of a punchboard shall display within the establishment a 16
171+gaming permit issued to the beneficiary of the punchboard under § 13–1304 of this subtitle. 17
174172
175- 7. patriotic organization;
173+ (b) (1) A person may operate a tip jar or punchboard in the county only for the 18
174+benefit of one of the following organizations located in the county: 19
176175
177- 8. charitable organization; or
176+ (i) a bona fide: 20
178177
179- 9. educational organization;
178+ 1. religious organization; 21
180179
181- (ii) a Frederick County volunteer:
180+ 2. fraternal organization; 22
182181
183- 1. fire company;
182+ 3. civic organization; 23
184183
185- 2. rescue company; or
184+ 4. war veterans’ organization; 24
186185
187- 3. ambulance company; or
186+ 5. hospital; 25
188187
189- (iii) an auxiliary of a Frederick County volunteer:
188+ 6. amateur athletic organization; 26
190189
191- 1. fire company; WES MOORE, Governor Ch. 689
190+ 7. patriotic organization; 27
192191
193-– 5 –
192+ 8. charitable organization; or 28
194193
195- 2. rescue company; or
194+ 9. educational organization; 29 HOUSE BILL 277 5
196195
197- 3. ambulance company.
198196
199- (2) The beneficiary of a tip jar may not hold more than three permits to
200-operate tip jars or punchboards outside of the beneficiary’s premises.
201197
202- (c) (1) The beneficiary of a tip jar or punchboard must receive at least 70% of
203-the gross proceeds of the tip jar or punchboard after paying winning players and
204-reimbursing the operator for operating expenses.
198+ (ii) a Frederick County volunteer: 1
205199
206- (2) For each tip jar or punchboard operated, the operator shall submit to
207-the county agency that issued the gaming permit monthly reports detailing:
200+ 1. fire company; 2
208201
209- (i) gross proceeds;
202+ 2. rescue company; or 3
210203
211- (ii) prizes;
204+ 3. ambulance company; or 4
212205
213- (iii) expenses; and
206+ (iii) an auxiliary of a Frederick County volunteer: 5
214207
215- (iv) the amount paid to the beneficiary.
208+ 1. fire company; 6
216209
217- (d) The tip jar or punchboard shall be purchased from a distributor that:
210+ 2. rescue company; or 7
218211
219- (1) has an office in the State;
212+ 3. ambulance company. 8
220213
221- (2) is licensed by the county [agency that issues gaming event permits]
222-DEPARTMENT OF PERMITS AND INSPECTIONS; and
214+ (2) The beneficiary of a tip jar may not hold more than three permits to 9
215+operate tip jars or punchboards outside of the beneficiary’s premises. 10
223216
224- (3) keeps the records that Frederick County requires.
217+ (c) (1) The beneficiary of a tip jar or punchboard must receive at least 70% of 11
218+the gross proceeds of the tip jar or punchboard after paying winning players and 12
219+reimbursing the operator for operating expenses. 13
225220
226- (e) A person who keeps records about tip jars or punchboards shall make those
227-records available for inspection and copying by a law enforcement unit or by the county
228-[agency that issues the gaming event permit] DEPARTMENT OF PERMITS AND
229-INSPECTIONS.
221+ (2) For each tip jar or punchboard operated, the operator shall submit to 14
222+the county agency that issued the gaming permit monthly reports detailing: 15
230223
231-13–1306.
224+ (i) gross proceeds; 16
232225
233- (a) A person authorized to conduct bingo under this subtitle shall obtain a bingo
234-permit from the county [agency that issues a bingo permit] DEPARTMENT OF PERMITS
235-AND INSPECTIONS.
226+ (ii) prizes; 17
236227
237- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
238-1, 2024.
239- Ch. 689 2024 LAWS OF MARYLAND
228+ (iii) expenses; and 18
240229
241-– 6 –
242-Approved by the Governor, May 9, 2024.
230+ (iv) the amount paid to the beneficiary. 19
231+
232+ (d) The tip jar or punchboard shall be purchased from a distributor that: 20
233+
234+ (1) has an office in the State; 21
235+
236+ (2) is licensed by the county [agency that issues gaming event permits] 22
237+DEPARTMENT OF PERMITS AND INSPECTIONS; and 23
238+
239+ (3) keeps the records that Frederick County requires. 24
240+
241+ (e) A person who keeps records about tip jars or punchboards shall make those 25
242+records available for inspection and copying by a law enforcement unit or by the county 26 6 HOUSE BILL 277
243+
244+
245+[agency that issues the gaming event permit] DEPARTMENT OF PERMITS AND 1
246+INSPECTIONS. 2
247+
248+13–1306. 3
249+
250+ (a) A person authorized to conduct bingo under this subtitle shall obtain a bingo 4
251+permit from the county [agency that issues a bingo permit] DEPARTMENT O F PERMITS 5
252+AND INSPECTIONS. 6
253+
254+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 7
255+1, 2024. 8
256+
257+
258+
259+
260+Approved:
261+________________________________________________________________________________
262+ Governor.
263+________________________________________________________________________________
264+ Speaker of the House of Delegates.
265+________________________________________________________________________________
266+ President of the Senate.