HARRY HUGHES, Governor

1577

such machines are situated may, in their discretion, cause
such machines to be registered in a manner appropriate to
their office and to be sealed against use, stored, kept and
possessed under the supervision and control of said county
commissioners or county executive pending lawful disposal.

(C) For the purposes of this section, the term
"premises" shall mean any parcel or tract of land, whether
improved or unimproved, under single ownership, or under the
ownership of any combination of persons, firms or
corporations associated together in any joint or common
venture.

III.  Any firm, person or corporation violating the
provisions hereof shall be deemed guilty of a misdemeanor
and shall, upon conviction, be punishable by a fine of one
thousand dollars ($1,000) or by imprisonment for a period
not to exceed one (1) year, or by both such fine and such
imprisonment, for each violation.

IV.  It shall be unlawful for the licensing authorities
in Calvert, Charles and St. Mary's counties to charge a
license fee for such slot machines that shall exceed the pro
rata share of the license fee for such slot machines up to
the date such slot machines are required to be removed by
the provisions of this section.

V.  IT SHALL BE A DEFENSE TO ANY PROSECUTION UNDER
PARAGRAPH III OF THIS SECTION IF THE DEFENDANT SHOWS THAT
THE SLOT MACHINE IS AN ANTIQUE SLOT MACHINE AND WAS NOT
OPERATED FOR GAMBLING PURPOSES WHILE IN THE DEFENDANT'S
POSSESSION. FOR THE PURPOSES OF THIS PARAGRAPH, A SLOT
MACHINE IS AN ANTIQUE SLOT MACHINE IF THE DEFENDANT SHOWS BY
A PREPONDERANCE OF THE EVIDENCE THAT IT WAS ' MANUFACTURED
PRIOR TO 1941. WHENEVER THIS DEFENSE IS OFFERED, NO SLOT
MACHINE SEIZED FROM ANY DEFENDANT SHALL BE DESTROYED OR
OTHERWISE ALTERED UNTIL AFTER A FINAL COURT DETERMINATION
INCLUDING REVIEW UPON APPEAL, IF ANY, THAT THE DEFENSE IS
NOT APPLICABLE. IF THE DEFENSE IS APPLICABLE, THE SLOT
MACHINE SHALL BE RETURNED PURSUANT TO PROVISIONS OF LAW
PROVIDING FOR THE RETURN OF PROPERTY.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1981.

Approved May 12, 1981.

CHAPTER 281
(Senate Bill 408)
AN ACT concerning