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Session Laws, 1961
Volume 654, Page 1380   View pdf image (33K)
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1380                             Laws of Maryland                        [Ch. 780

victed of a violation of provisions of this section is the owner or
tenant of the building, place or Club in which such violation oc-
curred, the Circuit Court for Prince George's County, on petition of
the State's Attorney for said County setting forth the facts sup-
ported 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, 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 tenant 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 place 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 prose-
cution for violation thereof, payment of the Federal tax specified in
[Section 3267(a) (2) or (3)] Sections 4461, 4462 and 4463 of the
United States Internal Revenue Code of [1939] 1954, as amended,
[26 USCA (IRC 1939) 3267 (a) (2) or (3),] for any such mechan-
ical or electrical coin, or otherwise 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, 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 item dispensed is merchandise, and not cash or token,
by virture of the skill of the operator in engaging an article of mer-
chandise through operation of devices or controls; and, the provi-
sions of this section shall not apply to bona fide vending machines,
in which are not incorporated gaming or amusement features, 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 provision, 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 applications of this Act which can be given effect
without the invalid provision or application, and to this end the
provisions of this Act are declared to be severable.

Sec. 3. And be it further enacted, That all Acts or parts of Acts,
whether public general or public local laws, whether enacted prior to
this session of the General Assembly or enacted at this session of
the General Assembly, inconsistent with the provisions of this Act
are hereby repealed to the extent of such inconsistency.

 

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Session Laws, 1961
Volume 654, Page 1380   View pdf image (33K)
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