Theodore R. McKeldin, Governor                   1577

person convicted of a violation of provisions of this section is the
owner or tenant or occupant of the building, place or Club in which
such violation occurred, the Circuit Court for Prince George's County,
on petition of the State's Attorney for said County setting forth the
facts supported by a certified copy of the record of such conviction,
may after issuance of process or such notice as the Court may prescribe
and hearing, preliminary or final as in equity without a jury, pass an
Order or Decree directing such owner or tenant or occupant, his
agents, servants and employees, and all persons claiming under him,
to close and cease the use of such building or place or Club , OR THE
PORTION THEREOF UNDER THE CONTROL OF SUCH TEN-
ANT IF HIS RIGHT TO POSSESSION IS LESS THAN THE
RIGHT TO USE ALL OF SUCH PREMISES, for business purposes
or public use for such period of time as may be specified by the Court
and directing that for such specified time such building or plaice or
Club , OR THE PORTION THEREOF UNDER THE CONTROL
OF SUCH TENANT IF HIS RIGHT TO POSSESSION IS LESS
THAN THE RIGHT TO USE ALL OF SUCH PREMISES, be closed
and be not used for business purposes or public use, and, said Court
is empowered to enforce and implement such Order or Decree by
injunctive process or contempt proceedings, as may be requisite.
For the purposes of provisions of this section and prosecution on FOR
violation thereof, payment of the Federal tax specified in Section
3267 (a) (2) or (3) of the United States Internal Revenue Code of
1939, as amended, 26NSCA 26USCA (IRC 1939) 3267 (a) (2) or
(3), for any such mechanical or electrical coin operated device or
machine shall constitute prima facie evidence of a violation of the
provisions of this section by the person so paying such tax or in
whose possession or under whose charge such device or machine
is found, maintained, operated or managed, when satisfactory proof
thereof has been made to the Court or jury as the case may be. For
purposes of this section, the word "person" as used herein shall be
construed to include a partnership or corporation, as the same may
be applicable and the context permits. The provisions of this section

shall not apply to to any coin operated machine used only for amuse-

ment where the only award from the operation thereof, directly or

indirectly, is a free play to the player or operator; and, the provisions
of this section , WITH RESPECT TO PRIMA FACIE EVIDENCE
OF A VIOLATION HEREOF AS HEREINABOVE SET FORTH,
shall not apply to music machines operated by means of the insertion
of a coin, token or similar object; and, the provisions of this section
shall not apply to "claw machines" operated by insertion of a coin
where the only items ITEM dispensed is merchandise, and not cash
or tokens, by virtue of the skill of the operator in engaging an article
of merchandise through operation of devices or controls; and, the
provisions of this section shall not apply to bona fide vending
machines, in which are not incorporated gaming or amusement fea-
tures, where the only item dispensed is merchandise, and not cash or
tokens, equivalent in value to the coin inserted for operation of such
machine.

SEC. 2. And be it further enacted, That if any provisions PRO-
VISION, SENTENCE, CLAUSE, WORD OR PORTION of this
Act or the application thereof to any person or circumstance is held
invalid, such invalidity shall not affect other provisions or applica-
tions of this Act which can be given effect without the invalid pro-