All terms used in this article shall have their ordinary meaning unless specially defined herein.
AMATEUR ATHLETIC ORGANIZATION. An organization organized and operated to promote nonprofessional sports or athletics.
BONA FIDE. True, correct, and genuine; in referring to an organization this requires an actual and
primary purpose of carrying out 1 or more of the types of purposes, or activities, specified within this article or under state law.
CHARITABLE ORGANIZATION. An organization, institution, association, society, or corporation that holds itself out to be a benevolent, education, philanthropic, humane, patriotic or religious organization and solicits or obtains contributions for charitable purposes. It does not include a political party, political committee, political club, or an agency of the state government or of a political subdivision.
CIVIC ORGANIZATION. A not-for-profit organization organized and operated exclusively for the promotion of social welfare. An organization is operated exclusively for the promotion of social welfare if it is primarily engaged in promoting in
some way the common good and general welfare of the people of the community. A civic organization is operated primarily for the purpose of bringing about civic betterments and social improvements.
CONVICTION. A finding by a trier of fact of guilt, a guilty plea, or an accepted nolo contendere plea. Probation before judgment does not constitute a conviction.
COUNTY. Frederick County, Maryland.
COUNTY COUNCIL. County Council of Frederick County, Maryland.
COUNTY EXECUTIVE. County Executive of Frederick County, Maryland.
COUNTY GOVERNING BODY. The County Council and County Executive of Frederick County, Maryland.
DIRECTOR OF PERMITS AND INSPECTIONS. The Frederick County Director of Permits and Inspections and any employee of the Department of Permits and Inspections designated by the Director to perform any act incident to these gaming provisions.
DISTRIBUTOR. Individual or entity providing tip jars, punchboards, chance games, boards, tables, or other gaming devices.
EDUCATIONAL ORGANIZATION. Entity or association concerned with or working to advance education, including, but not limited to, P.T.A.’s, band boosters, parent organizations, and student organizations.
FRATERNAL ORGANIZATION.
(1) Any organization that:
(a) Is conducted solely for the benefit of its members and its beneficiaries;
(b) Is operated on a lodge system with a ritualistic activity; and
(c) Has a representative form of government;
(2) Includes a sororal organization; and
(3) Does not include:
(a) Any college or high school fraternity or sorority; or
(b) Any other fraternal or sororal organization the membership of which is restricted wholly or largely to students or graduates of an educational institution or a professional school.
GAMING DEVICE. Any game of chance played for money or prizes. Includes, but is not limited to, tip jar, punchboard, chance book, wheel of fortune, paddlewheel, or any other device or item where chance controls the results. Does not include bingo.
GAMING EVENT. Any bazaar, carnival, raffle, tip jar, punchboard, or other game of chance.
HOSPITAL. An institution that:
(1) Has a group of at least 5 physicians who are organized as a medical staff for the institution;
(2) Maintains facilities to provide, under the supervision of the medical staff, diagnostic and treatment services for 2 or more unrelated individuals; and
(3) Admits or retains the individuals for overnight care.
ISSUING AGENCY/ISSUER. Entity designated by the county to issue, approve, and review permits and licenses.
LEGAL RESIDENT.
(1) PERSON. Individual residing in Frederick County.
(2) CORPORATION or OTHER ENTITY. More than doing business in the county. Having a substantial and significant place of business within the county. Includes any volunteer fire, rescue or ambulance company which has a first due response area in Frederick County or which owns property in Frederick County.
MEMBERS. Individuals belonging to 1 or more of the organizations who satisfy all requirements for acceptances as a full member of the organization.
Honorary members will not satisfy definitional requirements. In general, members must exist on membership rolls for a minimum of 6 months prior to the event to be eligible to participate in gambling endeavors. However, short-term members will satisfy membership requirements where special circumstances exist. (For example, a bona fide charitable organization which has only been in existence for less than 6 months.)
OFFICE. A place of business within the county. More than a mere presence indicated by a post office
box or telephone number. Actual, active working space, staffed at least part-time.
OPERATOR. Individual or entity conducting or operating the gaming event.
ORGANIZATION. Any bona fide, membership controlled group with a nonprofit status.
PATRIOTIC ORGANIZATION. An organization operated and organized to promote or demonstrate love and devotion to one’s country.
PROCEEDS. All receipts received as a result of a tip jar or punchboard minus only:
(1) Winnings paid to players; and
(2) The cost of the tip jar or punchboard itself.
RAFFLE. A purchased chance entitling the bearer to the right to a prize if the bearer’s chance is
randomly selected as a winner.
RELIGIOUS ORGANIZATION. An organization operated and organized to promote any church, religious society or congregation of any sect, order or denomination.
VOLUNTEER FIRE, RESCUE, AMBULANCE OR AUXILIARY GROUPS. Community entities providing volunteer services within Frederick County for fire and rescue protection or any entity attached to fire and rescue or a related service entity.
WAR VETERANS’ ORGANIZATION. An organization whose membership consists primarily of persons who have served in the armed forces of the United States during a period of war (including the Korean and Vietnam conflicts) and their spouses, widows or widowers. The primary purpose of the organization must be 1 or more of the following:
(1) To provide service or assistance to veterans, members of the armed forces or their spouses or dependents;
(2) To promote the social welfare of the community;
(3) To perpetuate the memory of deceased veterans and members of the armed forces;
(4) To conduct charitable, educational or patriotic services; or
(5) To provide social and recreational activities for its members.
50/50 GAME. A drawing entirely conducted at a single meeting or event of an organization from a finite number of chances or tickets which are sold only at the meeting or event and where the proceeds from the sale of the chances or tickets are evenly split between the winner(s) and the organization sponsoring the game.
(Ord. 92-21-056, 9-22-1992; Ord. 93-02-066, 1-19-1993; Ord. 14-23-678, 11-13-2014)