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Maine Attorney General Reports and Opinions 1 (2010)

handle is hein.sag/sagme0009 and id is 1 raw text is: 2010-01 REGIONAL OFFICES: 84 HARLOW ST., 2ND FLOOR BANGOR, MAINE 04401 TEL: (207) 941-3070 FAX: (207) 941-3075 JANET T. MILLS 415 CONGRESS ST., STE. 301 ATTORNEY GENERAL PORTLAND, MAINE 04101 TEL: (207) 822-0260 FAX: (207) 822-0259 STATE OF MAINE 14ACCESS HIGHWAY, STE.I TEL: (207) 626-8800 OFFICE OF THE ATTORNEY GENERAL CARIBOU, MAINE,04736 TTY: 1-800-577-6690 6 STATE HOUSE STATION TEL: (207) 496-3792 AUGUSTA, MAINE 04333-0006 September 23, 2010 Via e-mail/regular mail Col. Patrick Fleming Maine State Police 42 State House Station 45 Commerce Drive Augusta, Maine 04333-0042 Re: Incentovation Electronic Pull-Tab System Dear Col. Fleming: On Wednesday, August 4, 2010, you and I attended a demonstration of the Incentovation Electronic Pull-Tab System at the High Stakes Beano Hall on the Penobscot Nation's Indian Island reservation. Mr. Nash of Incentovation and Mr. Farley of Eclipse Compliance Testing provided helpful information on the operation of the machine which the tribe wishes to use in conjunction with their high stakes beano games. We have also been provided with a written analysis of the machine by Eclipse Compliance Testing dated May 21, 2010. In addition, on June 11, 2010, Mr. Ende and I met with Representative Mitchell and Chief Francis, who described the machine and their reasons for wanting to operate this machine on weekends when high stakes beano is played. We are told that this machine offers a higher degree of security and less of an opportunity for manipulation than other similar games. Like traditional pull-tab games, there is a finite deal and a set number of chances in playing this machine. The issue, however, is not whether this is a better machine but rather whether it qualifies under the revised definition of Sealed tickets in 17 M.R.S. § 314-A (1-A), as amended by P.L. 2009, ch. 505, so that it would be legal to operate in conjunction with high stakes beano games conducted by the tribes, 17 M.R.S. § 324-A. The statute authorizes the Chief of the State Police to issue to a federally recognized tribe licenses to sell lucky seven or other similar sealed tickets in accordance with section 324-A. A tribe licensed to sell these tickets may operate a dispenser to sell the tickets which may include a mechanical or electrical device or machine that, upon the insertion of money..., dispenses printed lucky seven or other similar tickets. The element of chance must be provided by the ticket itself not by the dispenser. (Emphasis added.)

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