Md. Code Regs. 36.01.01.01

Current through Register Vol. 51, No. 24, December 2, 2024

Section 36.01.01.01 - Definitions

A. In this title, the following terms have the meanings indicated.

B. Terms Defined.

(1) "Agency" means the State Lottery and Gaming Control Agency and, unless the context dictates otherwise, includes the Director and Commission.

(2) Cash.

(a) "Cash" means coins, U.S. currency, money orders, debit cards, and checks.

(b) "Cash" does not include credit.

(3) "Commission" means the State Lottery and Gaming Control Commission and, unless the context dictates otherwise, may include staff of the Agency.

(4) "County" means any county in the State of Maryland and the City of Baltimore.

(5) "Director" means the Director of the Agency and includes the Director's designees.

(6) "Final action on a license denial" means:

(a) If, after the Director sends written notice of license denial or recommendation of license denial, an applicant fails to timely request a reconsideration meeting, the date of the written notice of the Director's written notice;

(b) If, after a reconsideration meeting, an applicant fails to timely request a Commission hearing, the date of the Director's written notice after the reconsideration meeting; or

(c) If the Commission holds or delegates a hearing on an appeal of the Director's license denial or reconsideration of license denial, the date of the Commission's or the Office of Administrative Hearings' written decision.

(7) "Final action on a sanction" means:

(a) If after the Director sends a deficiency notice under COMAR 36.02.02, 36.03.04, 36.06.05, 36.07.02, 36.03.03 or 36.10.08, a licensee fails to submit a timely, acceptable corrective action plan, and the Commission adopts as final the Director's deficiency notice;

(b) If the Commission holds a hearing on the Director's recommendation to impose a sanction, the date of the Commission's written decision; or

(c) If a licensee seeks judicial review of the Commission's sanction, the most recent date of:

(i) The decision of the Office of Administrative Hearings;

(ii) A final judgement under Maryland Rule 2-601; or

(iii) The entry of a mandate under Maryland Rule 8-606.

(8) Gaming Activity.

(a) "Gaming activity" means play of a game or machine that is regulated by the Agency.

(b) "Gaming activity" includes activities described in COMAR 36.06 - COMAR 36.10.

(9) "Gaming law" means State Government Article, Title 9, Subtitle 1A, Annotated Code of Maryland.

(10) "Lottery", "Maryland Lottery", or "State Lottery" means the Agency.

(11) "Lottery law" means State Government Article, Title 9, Subtitle 1, Annotated Code of Maryland.

(12) "Player" means a person who participates in lottery or gaming activity.

(13) Person.

(a) "Person" has the meaning stated in State Government Article § 1-101, Annotated Code of Maryland.

(b) "Person" within COMAR 36.02, may include a group of two or more individuals that are playing or claiming together.

(14) "Prize" means:

(a) A monetary award;

(b) Merchandise; or

(c) An experiential award, such as:

(i) A trip; or

(ii) An outing; or

(iii) A designated activity involving personal participation.

(15) "Retailer" or "Lottery retailer" means a business or person who has been licensed by the Agency to sell lottery tickets.

(16) "Sports wagering" has the meaning stated in State Government Article § 9-1E-01, Annotated Code of Maryland, and COMAR 36.10.01.02.

(17) "Sports wagering law" means State Government Article, Title 9, Subtitle 1E, Annotated Code of Maryland.

(18) "Submit" means to deliver a document:

(a) In a manner that ensures its receipt by the party to whom it is addressed; and

(b) Which is considered complete only upon actual receipt by that party.

(19) "State obligation" means moneys owed pursuant to:

(a) Criminal Procedure Article, § 11-616(b) or 11-618, Annotated Code of Maryland;

(b) Family Law Article, § 10-113.1(a), Annotated Code of Maryland; or

(c) State Finance and Procurement Article, § 3-307, Annotated Code of Maryland.

(20) "Table games" means:

(a) Roulette, baccarat, blackjack, craps, big six wheel, poker, pai gow, and sic bo shakers, pai gow tiles, any variation and composites of such games, and other games that the Commission has approved for play in a video lottery facility; and

(b) Gaming tournaments in which players compete against one another in one or more of the games authorized under §B(147(a) of this regulation.

(21) "Ticket" or "lottery ticket" means a ticket that a lottery retailer or the Agency makes available for sale.

(22) "Video lottery" means gaming or betting conducted using a video lottery terminal.

(23) "Video lottery facility" means a facility at which players play video lottery terminals and table games.

(24) Video Lottery Terminal.

(a) "Video lottery terminal" means any machine or other device that:

(i) On insertion of a bill, coin, token, voucher, ticket, coupon, or similar item, or on payment of any consideration is available to play or simulate the play of any game of chance in which the results, including the options available to the player, are randomly determined by the machine or other device; and

(ii) By the element of chance, may deliver or entitle the player who operates the machine or device to receive cash, premiums, merchandise, tokens, or anything of value, whether the payout is made automatically from the device or in any other manner.

(b) "Video lottery terminal" includes a machine or device that:

(i) Does not directly dispense money, tokens, or anything of value to winning players; and

(ii) Uses an electronic credit system making the deposit of bills, coins, or tokens unnecessary.

(c) "Video Lottery terminal" means each single position or seat available for use by a player;

(d) "Video lottery terminal" does not include an authorized electronic gaming device operated by an eligible organization under Criminal Law Article, Title 12, Subtitle 3, Annotated Code of Maryland.

(25) "Voluntary exclusion program" means the Voluntary Exclusion Program established under COMAR 36.01.03.

(26) "Winnings" means the amount won from a sports wager that is not reduced by a loss.

(27) "Work day" means when Maryland State government offices are open for business.

Md. Code Regs. 36.01.01.01

Regulation .04 amended effective 42:3 Md. R. 319, eff.2/16/2015; amended effective 46:1 Md. R. 13, eff. 1/14/2019; amended effective 48:18 Md. R. 690, eff. 8/5/2021; amended effective 49:1 Md. R.16, eff. 1/13/2022