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1981 Maine Attorney General Reports and Opinions 1 (1981)

handle is hein.sag/sagme9009 and id is 1 raw text is: STE PaEi'N L. DIAMOND RrnAnn S.OHEN JOTIN S.GLEASON ATTORNEY GENERAL JOHN M. R. PATERSON 1011ENT J. STOLT DEPUTY ATTORNEYS GENERAL Smri, ole MAINE DEPARTMENT 01 TIHE ATTORNEY G6ENEIAL AUGUSTA, MAINE 04333 January 2, 1981 Arthur A. Stilphen, Commissioner Department of Public Safety Hospital Street Augusta, Maine 04333 Re: Legality of Electronic Poker. Dear Commissioner Stilphen: You have asked this office about the legality of the operation of a certain electronic device generally referred to as electronic poker. You have described this machine -as set in motion by the insertion of a coin and as designed to electronically deal two hands of draw poker, blackjack, etc., and to display the cards on.a screen where the player learns of his either having won ori'lost his competition with the machine. In the case of a win, the player may accumulate either free games or points. The points do not entitle the player to win anything from the machine. Finally, these machines frequently feature prominently the words For Amusement Only. Your inquiry raises two questions. First, it must be determined if the machine thus played is a game of cha. ze, which cannot bconducted without a license issued by the Maine State Police. Second, if it is such a game of chance, may it be licensed or is it the type of machine or slot machine that is ineligible for licensing? Whether the operation described above constitutes a game of chance depends on whether it comes within the pur- view of 17 M.R.S.A. § 330(2). That section states that a 'Game of chance shall mean a game, contest, scheme or device in which a person stakes or risks something

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