11.05.04.03

.03 Application and Permit.

A. An applicant for a Vessel Gaming Permit shall complete a Vessel Gaming Permit Application, and submit two originally signed copies to the Manager of Cruise Marketing, Maryland Port Administration, World Trade Center, 401 East Pratt Street, Baltimore, Maryland 21202.

B. The MPA shall send one of the completed applications to the MSP for its review.

C. An application which has not been properly completed or is incomplete shall be rejected and returned to the applicant with the reasons for rejection.

D. Fee. Each applicant shall send a nonrefundable fee to the Maryland Port Administration with each application package. The application fee shall be reasonable and determined by, and in the sole discretion of, the MPA and may change annually.

E. Permit.

(1) Upon receipt of the application and fee, the MPA and the MSP shall conduct an inspection and investigation, and determine if the applicant qualifies for a Vessel Gaming Permit.

(2) If the permit is approved, the MPA shall issue the permit to the applicant.

(3) A Vessel Gaming Permit issued by the MPA shall be retained on the vessel specified in the permit.

(4) If the permit is not approved, the MPA shall notify the applicant of the reason for disapproval.

F. Vessel Gaming Permits shall be issued for a period not to exceed 1 year and shall only authorize gaming on the territorial waters of Maryland northeast to the Maryland-Delaware border and south to the Maryland-Virginia border if the vessel is:

(1) Underway;

(2) East of the Francis Scott Key Bridge; and

(3) Operating under an itinerary that either originates or terminates in a foreign port outside the continental United States.

G. Withdrawal of Permit.

(1) The MPA shall withdraw a Vessel Gaming Permit if the holder of the permit violates the provisions of Transportation Article, §6-209, Annotated Code of Maryland, or any other applicable gaming law of Maryland.

(2) The MPA shall withdraw a Vessel Gaming Permit only after:

(a) The MPA and the MSP conduct a joint investigation of the alleged violations of the provisions of Transportation Article, §6-209, Annotated Code of Maryland, or any other applicable gaming law of Maryland;

(b) The MPA provides the holder of a Vessel Gaming Permit with written notice of the holder's right to issue a written request for a hearing to be held before the Maryland Port Executive Director or the Executive Director's designee; and

(c) The Maryland Port Executive Director or the Executive Director's designee conducts a hearing in accordance with COMAR 11.01.14 if the holder of the Vessel Gaming Permit requests a hearing.

(3) If the Maryland Port Executive Director or the Executive Director's designee does not receive the permit holder's written request for a hearing within 30 days following the postmarked date of the MPA's written notice, the MPA may withdraw the permit without holding a hearing.