Md. Code Regs. 36.08.03.02

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

Section 36.08.03.02 - Amusement Gaming License

A. A family entertainment center in Worcester County may apply for an amusement gaming license with the Commission if the family entertainment center:

(1) Pays:

(a) State and local property tax;

(b) Sales and use tax; and

(c) Admissions and amusement tax;

(2) Has a location with a street address;

(3) Is located in a building that is owned, leased, or occupied by the family entertainment center for the primary purpose of providing amusement devices to the public;

(4) Receives a majority of the gross receipts from amusement, merchandise, redemption or skills-based devices;

(5) Markets its business to families with children;

(6) Offers attractions such as amusement devices, arcade games, crane games, video games, interactive and sporting games, amusement rides, miniature golf, and bowling; and

(7) Has been in continuous operation in the same geographic location since 1975.

B. A family entertainment center applying for an amusement gaming license shall provide in a manner specified by the Commission:

(1) The owner's name and address;

(2) The family entertainment center address;

(3) Documentation verifying, to the satisfaction of the Commission, conformity with the requirements listed under §A of this regulation; and

(4) A listing of the skills-based amusement devices that award merchandise or prizes with a wholesale value of more than $30 but less than $600 including:

(a) Whether the device is a:

(i) Redemption device;

(ii) Merchandiser device; or

(iii) Another type of skills-based amusement device;

(b) Maximum wholesale prize value offered;

(c) Manufacturer;

(d) Model name or number;

(e) Serial Number;

(f) Theme; and

(g) Any additional information required by the Commission.

C. An amusement gaming license is valid for 5 years.

D. An amusement gaming licensee shall register every other year under COMAR 36.08.02 if the licensee owns any skills-based amusement devices that award prizes other than the award of free play.

E. A family entertainment center that holds an amusement gaming license may operate up to 10 skills-based amusement devices that award noncash merchandise or prizes with a wholesale value that is more than $30 but less than $600.

F. Upon review of the information provided under §B of this regulation, the Commission may:

(1) Require the manufacturer to submit a prototype of the device for testing under COMAR 36.08.04; and

(2) Determine that the applicant is qualified and grant the license.

G. Upon review of the information provided under §B of this regulation, the Commission may conduct a hearing in accordance with Regulation .06 of this chapter to deny the license.

H. A family entertainment center that holds an amusement gaming license issued under this regulation may not transfer the license to another geographic location.

Md. Code Regs. 36.08.03.02

Regulations .02 adopted effective 43:23 Md. R. 1281, eff. 1/1/2017; amended effective 47:21 Md. R. 905, eff. 10/19/2020