Title 48, Chapter 17, Section 13
( 48-17-13)
(a) If any owner or operator of any bona fide coin operated
amusement machine in this state shall violate any provision of this
chapter or any rule and regulation promulgated under this chapter,
the commissioner may investigate the violation and may seek
sanctions, including late fees of $50.00 for failure to pay timely
permit sticker fees, $125.00 for failure to pay timely the master
license fee, suspension or revocation of a license, seizure of
equipment, interest penalty, and debarment for repeat offenders. (b) No person other than an owner shall intentionally remove a
current tax sticker from a bona fide coin operated amusement machine
or from the location where the machine is located. Any person who
violates this subsection shall be guilty of a misdemeanor. (c) A person who owns or operates bona fide coin operated amusement
machines without a current master license or without a permit
sticker on display shall be guilty of a misdemeanor. (d) A person who knowingly secures or attempts to secure a master
license or permit sticker under this chapter by fraud,
misrepresentation, or subterfuge is guilty of a felony. (e) Any person who knowingly uses a sticker for the purpose of
engaging in unlawful gambling shall be guilty of a misdemeanor. (f) Any bona fide coin operated amusement machine not having the
required master license or permit stickers may be seized and
confiscated by the commissioner or his agents or employees and sold
at public auction after 30 days' advertisement. Upon payment of the
license required, the commissioner may return any property so seized
and confiscated and compromise any tax or penalty assessed. The
owner from whom the bona fide coin operated amusement machine is
seized may, at any time within ten days after the seizure, repossess
the property by filing with the commissioner a bond, in cash or
executed by a surety company authorized to do business in this
state, in double amount of the tax and penalties due. Within 30
days after the bond has been filed, the owner must bring an action
in a court of competent jurisdiction to have the seizure set aside;
otherwise, the bond so filed must be declared forfeited to the
commissioner. (g) The commissioner or an authorized representative of the
commissioner may seal in a manner that will prevent its full
operation any such bona fide coin operated amusement machine that is
in commercial use available to the public for play whose master
license or sticker under this chapter has been suspended or revoked,
upon which the fee has not been paid, or that is not registered with
the commissioner under this chapter. Whoever shall break the seal
affixed by the commissioner or an authorized representative of the
commissioner without the commissioner's approval or whoever shall
provide in commercial use available to the public for play any such
bona fide coin operated amusement machine after said seal has been
broken without the commissioner's approval or whoever shall remove
any bona fide coin operated amusement machine from location after
the same has been sealed by the commissioner shall be guilty of a
misdemeanor. The commissioner shall charge a fee of $75.00 for the
release of any bona fide coin operated amusement machine which is
sealed. The fee shall be paid to the commissioner. |