HARRY HUGHES, Governor

3915

January 1, 1963, or twenty (20) machines, whichever shall be the
lesser number.

(4) At any time after July 1, 1967, a number
equal to the number located, kept, possessed, maintained or
operated in such place of business, building or premises as of
January 1, 1963, or ten (10) machines, whichever shall be the
lesser number.

(B)  After July 1, 1968, it shall be unlawful for any
person, firm or corporation, whether as owner, lessor, lessee,
licensor, licensee, or otherwise, to possess, keep, maintain or
operate, or have in or upon any place of business, building or
premises for any purpose any slot machines whatsoever; provided,
however, that the county commissioners or county executive of any
county in which 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 the
machine was manufactured at least 25 years before the date on
which the machine is seized. 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.