36.08.03.02

.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 annually 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.