Ch. 374

1995 LAWS OF MARYLAND

(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.

VI.    (A) The provisions of this paragraph of this section apply in:

(1)     Caroline County;

(2)     Cecil County;

(3)     Dorchester County;

(4)     Kent County;

(5)     Queen Anne's County;

(6)     Somerset County;

(7)     Talbot County; and

(8)     Wicomico County.

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