§ 188-a. Powers and duties of the board. The board shall have the
power and it shall be its duty to:
1. Supervise the administration of the games of chance licensing law
and to adopt, amend and repeal rules and regulations governing the
issuance and amendment of licenses thereunder and the conducting of
games under such licenses, which rules and regulations shall have the
force and effect of law and shall be binding upon all municipalities
issuing licenses, and upon licensees of the board, to the end that such
licenses shall be issued to qualified licensees only, and that said
games shall be fairly and properly conducted for the purposes and in the
manner of the said games of chance licensing law prescribed and to
prevent the games of chance thereby authorized to be conducted from
being conducted for commercial purposes or purposes other than those
therein authorized, participated in by criminal or other undesirable
elements and the funds derived from the games being diverted from the
purposes authorized, and to provide uniformity in the administration of
said law throughout the state, the board shall prescribe forms of
application for licenses, licensees, amendment of licenses, reports of
the conduct of games and other matters incident to the administration of
such law.
2. Conduct, anywhere in the state, investigations of the
administration, enforcement and potential or actual violations of the
games of chance licensing law and of the rules and regulations of the
board.
3. Reveiw all determinations and actions of the clerk or department in
issuing an initial license and it may review the issuance of subsequent
licenses and, after hearing, revoke those licenses which do not in all
respects meet the requirements of this article and the rules and
regulations of the board.
4. Suspend or revoke a license, after hearing, for any violation of
the provisions of this article or the rules and regulations of the
board.
5. Hear appeals from the determinations and action of the clerk,
department or officer in connection with the refusing to issue licenses,
the suspension and revocation of licenses and the imposition of fines in
the manner prescribed by law and the action and determination of the
board upon any such appeal shall be binding upon the clerk, department
or officer and all parties thereto.
6. Carry on continuous study of the operation of the games of chance
licensing law to ascertain from time to time defects therein
jeopardizing or threatening to jeopardize the purposes of this article,
and to formulate and recommend changes in such law and in other laws of
the state which the board may determine to be necessary for the
realization of such purposes, and to the same end to make a continuous
study of the operation and administration of similar laws which may be
in effect in other states of the United States.
7. Supervise the disposition of all funds derived from the conduct of
games of chance by authorized organizations not currently licensed to
conduct such games.
8. Issue an identification number to an applicant authorized
organization if it shall determine that the applicant satisfies the
requirements of the games of chance licensing law and the rules and
regulations of the board.
9. (a) The commission shall have the power to approve and establish a
standard set of games of chance equipment and shall by its rules and
regulations prescribe the manner in which such equipment is to be
reproduced and distributed to licensed authorized organizations. The
sale or distribution to a licensed authorized organization of any
equipment other than that contained in the standard set of games of
chance equipment shall constitute a violation of this section.
(b) After the effective date of this paragraph, no electronic bell jar
vending machine shall be sold, leased, distributed, installed, or
operated by any manufacturer, distributor, or charitable organization
until such machine has been approved by the commission. No electronic
bell jar vending machine shall be approved by the commission unless the
operation of the game demonstrates that there is a finite probability
basis of having a predetermined quantity of chances among which there is
a predetermined quantity of winners that pay a fixed and predetermined
value of prizes, regardless of the symbols that are used or how those
symbols are displayed on pre-printed bell jar tickets.
(c) The commission shall promulgate such rules and regulations as may
be necessary for the approval and implementation of electronic bell jar
vending machine gaming. The commission may revoke, suspend, or condition
approval of an electronic bell jar vending machine. Upon request for
authorization, the commission shall approve or deny such request within
thirty days. If the commission denies such request for approval, it
shall provide the reasons for such determination.