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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
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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