Coin Slot Magazine - #082 - 1981 - December [International Arcade Museum]
LEGISLATIVE
UPDATE
MAINE
Continued from page 49
any form of gambling, and no person shall solicit, obtain or
offer to obtain orders for the sale or delivery of any punch
board, seal card, slot gambling machine or other imple
ments, apparatus or material of gambling. Any person
violating this section shall be punished by a fine of not
more than $100 or by imprisonment for not more than 4
months. The municipal officers, constables and police
officers of towns and cities, the assessors of plantations
and licensed private detectives are required promptly to
enforce this section and to make complaint against any
person in their respective municipalities where there is a
probable cause to believe such person to be guilty of a
violation of this section. The District Court shall have
original jurisdiction, concurrent with the Superior Court, in
all prosecutions for violation of this section.
R.S.1954, c. 139, § 11; 1963, c. 402, § 225.
Cross References
Disposition of illegal materials, see § 1813 of this Title.
Gambling prohibited, see § 201 of this Title.
Pinball machines licensed, see § 441 ct seq. of Title 8.
••••••••••••
§ 13-7-33. Wheel of fortune, slot machine, device i
chance or raffling.
Any peron who sets up, carried on or operates any wheel
of fortune, slot machines, or any device of chance or
scheme of raffling, or any person who sells tickets or
chances in such device or scheme of raffling shall be
deemed guilty of a misdemeanor and, upon conviction,
shall be fined not less than $10.00 nor more than $50.00.
14, § 276.)
Library references
Gaming Key 74(1).
C.J.S. Gaming § 90 et. seq.
1802 of this Title.
1. "Gambling machines"
A pinball machine, containing device not under operator's control,
which illuminates numbers and ejects tokens good for trade,
depending on number illuminated, is a "gambling device", notwith
standing skill is a factor in operator's success. State v. Livingston
(1938) 135 Me. 323, 196 A. 407.
Automatic vending machine which, in addition to merchandise
vended, pays out varying numbers of trade tokens, is a gambling
device. State v. Baitler (1932) 131 Me. 205, 161 A. 671; State v.
Googin (1918) 117 Me. 102,102 A. 970; Lang v. Merwin(1905) 99
Me. 486, 59 A 1021, 105 Am. St. Rep. 293.
2. Defenses
Payment of taxes and license fees on mechanical game which is,
in fact, a gambling device, is no defense in prosecution for
permitting gambling on defendant's premises. State v. Livingston
(1938) 135 Me. 323, 196 A. 407.
CHAPTER 61
GAMBLING [Repealed]
New Sections
1815. Repealed.
This chapter was repealed by § 9 of 1975, c. 499,
enacting Title 17-A the Maine Criminal Code, effective
May 1, 1976.
For disposition of subject matter of repealed sections,
see Disposition Table preceding Title 17-A, published in a
Special Pamphlet.
§ § 1801 to 1811. Repealed. 1975, c. 499, § 9, eff. May 1, 1976
Prior to repeal, § 1802 was amended by 1965, c. 431. § 12.
Prior to repeal, § 1803 was amended by: 1973, c. 265; 1 973, c.
565 § 5; 1973, c. 735, § 4.
Notes of Decisions Under Former Section 1811
1. "Gambling machines"
Defendant's possession of "betting slips" was not prohibited by
this section relating to possession of certain enumerated gambling
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devices or "other implements, apparatus or materials of any form of
gambling." State v. Ferris(1971) Me., 284 A.2d 288.
3. Purpose
possession or sale of actual "gambling devices," that is, those
devices or mechanisms the function of which determines whether
a gambler wins or loses. State v. Ferris (1971) Me., 284 A.2d 288.
The enumeration of devices specifically prohibited such as
50 —THE COIN SLOT
© The
International Arcade Museum
STATE OF
ALABAMA
(Code 1907, § 6998; Code 1923, § 4248; Code 1940, T.
Notes of Decisions
Defenses 2
"Gambling machines" 1
See, also, Notes of Decisions under sectio
punch boards, seal cards, and slot gambling machines indicates
that legislature in adding the words "other implements, apparatus
or materials of any form of gambling" intended to include only other
articles which also have a per se relationship to the determination
of outcome of wagers recognizable from common experience, and
the addition of the general language prohibits possession of other
implements of the same character and class as those gambling
devices specifically mentioned. Id.
§ 13-7-70. "Gambling device" defined.
The term "gambling device" shall include and be deemed
to embrace the following:
(1) Any machine, mechanical device, contrivance, ap
pliance or invention, whatever its name or character, in the
use of which a consideration is paid or deposited, and
there is gambling or the hazarding of small amounts of
money or property to win larger amounts of money or
property;
(2) Any machine, mechanical device, contrivance, ap
pliance or invention, whatever its name or character,
which determines the result of winning or losing money or
property by chance, lot or luck, in which neitherthe will nor
skill of man can operate to influence the result of winning
or losing;
(3) Any machine, mechanical device, contrivance, ap
pliance or invention, whatever its name or character, for
the division of or distribution of either money or articles of
personal property, where said distribution or division is to
be determined by lot or chance amongst those who take
shares or are interested in the scheme;
(4) Any machine, mechanical device, contrivance, ap
pliance or invention, whatever its name or character,
which is operated or can be operated as a game of chance;
(5) Any machine, mechanical device, contrivance, ap
pliance or invention, whatever its name or character,
where money or property is hazarded on chance or risked
on an uncertain event;
(6) Any machine, mechanical device, contrivance, ap
pliance or invention, whatever its name or character, into
which money is placed or deposited upon chance or upon
the result of the action of such machine, mechanical
device, contrivance, appliance or invention;
(7) Any machine, mechanical device, contrivance, ap
pliance or invention, whatever its name or character,
which dispenses to the player or operator of the same any
package of merchandise and also gives the player or
operator the chance of placing himself in a position where
his next succeeding play will assure him of a return of
several times the value of the coin placed therein by him;
(8) Any machine, mechanical device, contrivance, ap
pliance or invention, whatever its name or character,
intended for the purpose of winning money or any other
thing by chance or hazard; and
December 1981
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