Friday, November 9, 2012

MARYLAND GAMBLING LAWS versus NEW JERSEY GAMBLING LAWS versus NEVADA GAMBLING LAWS: An Overview by Attorney Charles Jerome Ware, www.CharlesJeromeWare.com

MARYLAND GAMBLING LAWS

On November 6th, 2012, by a majority vote approving "Question 7" on the state's ballot, Maryland voters expanded recently instituted gambling in Maryland that would: (1) allow table games in addition to existing slot machines; (2) increase the statewide cap on the number of slots; and permit a 6th casino in the state to be located at National Harbor in Prince Georges County.  It is argued that the passage of Question 7 would bring Maryland's young casinos closer in line financially with those casinos in Atlantic City, New Jersey and Las Vegas, Nevada.

Under the new gambling law, the casino operators would be allowed to keep a larger share of revenue ---- somewhere between 39% and 51% --- as compensation for the added competition.  It is reported that the new law allows the six casinos to be full-blown Las Vegas-styled casinos, complete with roulette wheels and poker tables, and they will be open 24 hours a day.

Excerpts from the Maryland Code, "Maryland Gambling Laws", Title 12 and 13

- Maryland Code, Section 12-101 (Definitions);
- Section 12-102 (Betting, Wagering, Gambling, etc.);
- Section 12-103 (Playing certain games);
- Section 12-104 (Gaming device, or building, vessel, or place for gambling);
- Section 12-105 (Gambling on vessel or building or other structure on or over water within the State);
- Section 12-106 (Raffles);
- Section 12-107 (Pari-mutuel betting);
- Section 12-110 (Recovery of gambling loss);
- Section 12-201 ("Lottery device" defined);
- Section 12-301 (Possession or operation of slot machine);
- Section 12-303 (Antique slot machine).

Title 13.  Same-Local Provisions

- 13-201 (Definitions;
- 13-202 (Application of Subtitle);
- 13-203 (Gaming Event Without Personal Benefit-Allowed);
- 13-204 (Prizes and Gaming Devices Allowed);
- 13-205 (Management of Gaming Event);

NEW JERSEY GAMBLING LAWS

- New Jersey Constitution:

- Criminal Law
  • 2A: 40-1 (Gaming transactions unlawful);
  • 2A: 40-2 (Liability of stakeholder or person receiving wager);
  • 2A: 40-5 (Action by loser to recover money or property lost at gaming, with costs; limitations);
  • 2A: 40-6 (Informer action to recover money or property lost at gaming; limitation; costs)
  • 2C: 2-6 (Liability for conduct of another; complicity);
  • 2C: 37-1 (Definitions);
  • 2C: 37-2 (Promoting Gambling);
  • 2C: 37-3 (Possession of Gambling Records);
  • 2C: 37-4 (Maintenance of  a Gambling Resort;
  • 2C: 37-4.1 (Shopboard gambling, crime; grading; exception);
  • 2C: 37-5 (Gambling offenses, presumption):
  • 2C: 37-6 (Lottery offenses; no defense);
  • 2C: 37-7 (Possession of a gambling device), "Casino Control Act" (1977);
  • 2C: 43-6 (Sentence of Imprisonment for Crime; Ordinary Terms; Mandatory Terms);
  • Licensed Gambling (5:8-24: "Bingo Licensing Law");
  • "Casino Control Act": On February 1, 2011, Governor Chris Christie signed into law Bill S-12, which makes significant changes to the regulation of casino gaming in Atlantic City.  Authority over the daily operation of casinos was transferred from the Casino Control Commission to the Division of Gaming Enforcement.
NEVADA GAMBLING LAWS (LAS VEGAS)

Nevada Revised Gambling Statutes:
  • NRS 171.015 (Jurisdiction of offense commenced without, but consummated within, this state consummation through agent);
  • NRS 194.020 (Persons liable to punishment);
  • NRS 195.020 (Principals);
  • NRS 463.01473 ("Electronic transfer of money" defined);
  • NRS 463.0152 ("Game" and "Gambling game" defined);
  • NRS 463.0153 ("Gaming" and "Gambling" defined);
  • NRS 463.016425 ("Interactive gaming" defined);
  • NRS 463.0191 ("Slot machine" defined);
  • NRS 463.0193 ("Sports pool" defined);
  • NRS 463.0196 ("Tournament" defined);
  • NRS 463.01962 ("Wager" defined).
- Regulation of Persons Involved in Gaming:
  • NRS 463.160 (Licenses required);
  • NRS 463.360 (Penalties);
  • NRS 465.015 (Definitions: "cheat", etc.);
  • NRS 465.070 (Fraudulent Acts);
  • NRS 465.083 (Cheating); et al.
[www.gambling-law-us.com/State-Laws/Nevada; www.gambling-law-us.com/State-Laws/Maryland;
www.gambling-law-us.com/State-Laws/NewJersey; collegepark.patch.com/articles/"Question7"/ October 25, 2012; www.onenewspage.us/n/us/ "Question 7"/ November 5, 2012; www.washingtonpost.com/local/md.politics/ "More groups join Maryland's costly campaign on expanded gambling/ November 4, 2012; columbia. patch.com/articles/ "Question 7: A Primer..."; articles.baltimoresun.com/11-08-2012/news/bs-md-gambling].

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