[HISTORY: Adopted by the Board of County Commissioners of Charles County 8-17-1988 by Res. No. 88-51. Amendments noted where applicable.]
A Gambling Permit Review Committee (the "Committee") is hereby established.
The Committee will consist of seven persons appointed by the County Commissioners for terms of four years. The Committee will include a member of a fund-raising organization, a law enforcement officer, an individual with a background and experience in the field of finance, and two other citizens. All members shall be residents of Charles County and will serve at the pleasure of the County Commissioners.
[Amended 11-18-2009 by Res. No. 2009-85]
The Committee will meet at least quarterly to review applications for permits for the following quarter and shall make recommendations for approval or denial to the County Commissioners. The Committee will review all applications for gambling permits and the supporting data submitted therewith. In addition, the Committee shall have the responsibility to conduct studies of these rules and regulations and make recommendations to the County Commissioners for amendments, modifications and additions thereto.
The Committee's records will be maintained by the County Attorney's Office.
The members of the Committee will receive no compensation. The County will provide clerical support to the Committee.
Applications for gambling permits shall be submitted to the Committee on forms prescribed therefor. The application shall be signed by an officer of the organization, under the penalty of perjury, and shall be accompanied by an application fee of $25.
[Amended 11-18-2009 by Res. No. 2009-85]
Applications shall be filed with the Committee at least 30 days prior to the first day of the calendar quarter during which permitted events are to be held. An organization shall only be required to submit one application per calendar quarter. A current membership roster of the organization shall be submitted by the organization to the Committee with each quarter application for permits. Any organization applying for a gambling permit shall file with the Committee copies of any documents requested by the Committee.
Not more than three gambling permits may be issued to any organization per calendar quarter. The total duration of an event for which a gambling permit may be issued shall not exceed 48 consecutive hours; provided, however, that the actual number of hours of gambling during the forty-eight-hour period shall not exceed a total of 24 hours and there shall not be more than two separate periods of gambling during said forty-eight consecutive hour period.
Not more than six gambling permits may be issued for a location per calendar quarter.
No person or entity may receive compensation of any type from the organization for managing or operating a gaming device.
No person or entity may receive compensation of any type, including tips, from any player of said gaming.
All gaming devices and the management thereof shall be operated by bona fide members of the permitted organization who must be residents of Charles County 90 days prior to the gambling event.
No one under the age of 18 years shall be permitted to operate a gaming device or play or participate in any games for which a permit is issued.
An organization must either own gaming equipment or lease the equipment from another nonprofit organization. If equipment is rented, the lessor and the amount of the rent must have been previously approved by the Committee. The rental arrangement shall be based on a fair market basis and shall not include any provision which may reasonably be interpreted as a sharing of profits from the gambling event.
No gambling permit may be issued unless the applicant has been organized as a bona fide fraternal, civic, war veterans or charitable organization or corporation for five years prior to the application. However, this Subsection H shall not be applicable to any organization or corporation which was organized prior to January 1, 1988.
No gambling permit may be issued unless the property on which the gambling event will be held is owned, in fee simple, by a bona fide fraternal, civic, war veterans, religious or charitable organization or corporation.
If space is rented for the conduct of a gambling event, the lessor of the space and the amount of the rent must have been previously approved by the Committee. The rental arrangement shall be based on a fair market basis and shall not include any provision which may reasonably be interpreted as a sharing of profits from the gambling event.
After receipt and consideration of the recommendation of the Committee, the County Commissioners of Charles County may not issue a permit unless, in their discretion, they determine that:
The granting of the permit will not be detrimental to the public interest, peace and good order, health, safety and morals of the community.
The applicant is a fit organization to receive the permit applied for, has made no material false statement in its application and has practiced no fraud in connection with such application.
The individuals associated with the organization are law-abiding persons who will operate and conduct the gaming operation in a lawful manner.
If all such determinations are made, the application shall be approved and such permit granted. If all such determinations are not made, the permit shall be denied.
Within 30 days after each calendar quarter during which a permitted gambling event is held, the permittee shall file with the Committee a full and complete accounting, listing all revenues and expenditures, of the permitted gambling event. The report shall be signed by the highest ranking officer of the organization and shall be filed under penalty of perjury. Failure to make timely filing of the report may be grounds for the denial of subsequent applications for permits; provided, however, that accounting reports may be filed on an annual basis for raffles and pull tabs.
At any time during a permit period, an inspection of a permitted premises may be conducted by the Committee by any member or members thereof who are designated by the Committee.
During the operation of any gambling event, the gambling permit must be displayed in a visible location at all times.
Any person who is operating a gaming device or acting as a dealer during the gambling event must display a current membership card in a clearly visible place on their clothing. The card shall include the name of the person and the name of the organization.
The gambling activities of those organizations qualifying for gambling permits under Article 27, § 255(c) and (e), of the Annotated Code of Maryland, and operating with the Charles County Fair Board at the Annual Charles County Fair shall not be subject to the restrictions of the forty-eight-hour maximum durations of a gambling permit as stated in § 240-3A. The total duration of the Charles County Fair Board sponsored gambling event during the annual Charles County Fair shall not exceed 96 consecutive hours; provided, however, that the actual number of hours of gambling during the ninety-six-hour period shall not exceed a total of 32 hours and there shall not be more than four separate periods of gambling during said ninety-six-consecutive-hour period. Said participation of the qualifying organization for which a gambling permit is issued shall be considered as only one gambling permit for that calendar quarter.
Editor's Note: Section 255(c) and (e) was repealed by the Acts of 1989, Chapter 558. See now Criminal Law Article, Title 13.
Any violation of these regulations may result in the revocation of a gambling permit and/or the denial of subsequent applications for permits.