MA ST 271 s 28 MASSACHUSETTS GENERAL LAWS …

1 MA ST 271 s 271 28 MASSACHUSETTS GENERAL laws ANNOTATEDPART IV. CRIMES, PUNISHMENTS AND PROCEEDINGS IN CRIMINAL CASESTITLE I. CRIMES AND PUNISHMENTSCHAPTER 271. CRIMES AGAINST PUBLIC POLICYC urrent through 1998 2nd Annual Sess. ;complaints and indictmentsNo plea of misnomer shall be received to a complaint orindictment for violation of any law relative tolotteries,policylotteriesor policy, the selling of pools or registering ofbets,or any form ofgaming;but the defendant may be arraigned,tried, sentenced and punished under any name by which he iscomplained of or indicted. No such complaint or indictment shallbe abated, quashed or held insufficient by reason of any allegeddefect, either of form or substance, if the same is sufficient toenable the defendant to understand the charge and to prepare hisdefence.

2 No variance between such complaint or indictment andthe evidence shall be deemed material, unless in some matter ofsubstance essential to the charge under the rule aboveprescribed.< GENERAL Materials (GM) - References, Annotations, or Tables>HISTORICAL AND STATUTORY NOTES1990 Main , c. 419, , c. 214, REVIEW AND JOURNAL COMMENTARIESL otteryas criminal offense (1960) 40 REFERENCES1990 Main VolumeGamingk84 et 25, ingamingoffenses, see vol. 32, Nolan andHenry, STATES CODE ANNOTATEDL otteries,see 18 1301 et OF DECISIONSV alidity 11. , c. 214, 28, providing that no complaint forviolating the law relative to any form ofgamingshould have beenquashed, if sufficient to enable the defendant to understand thecharge and to prepare his defense, and no variance should havebeen deemed material, unless in substance essential to thecharge, did not violate Const.

3 Pt. 1, Art. 12, securingto an accused the right to have his offense fully and plainly,substantially and formally, described to him. Com. v. Coleman(1903) 68 220, 184 Mass. 271 28MA ST 271 28 END OF DOCUMENTMA ST 10 s 10 38 MASSACHUSETTS GENERAL laws ANNOTATEDPART I. ADMINISTRATION OF THE GOVERNMENTTITLE II. EXECUTIVE AND ADMINISTRATIVE OFFICERS OF THECOMMONWEALTHCHAPTER 10. DEPARTMENT OF THE STATE TREASURERBEANOC urrent through 1998 2nd Annual Sess. 38. Beano; licensing of certain organizations; restrictions;rules and regulations; violations; penalties; receipts andexpenditures; records and reportsAny fraternal organization having chapters or branches in atleast one other New England state, or any fraternal organizationorganized under the provisions of chapter one hundred and eighty,any religious organization under the control of or affiliatedwith an established church of the commonwealth and any veterans'organization incorporated or chartered by the Congress of theUnited States or listed in clause (12)

4 Of section five of chapterforty, any volunteer, non-profit fire company or similarorganization furnishing public fire protection, any voluntaryassociation for promotion of the interests of retarded children,the Boston Firemen's Relief Fund, any volunteer, non-profitorganization furnishing a public ambulance service, andnon-profit athletic associations, desiring to operate or conductthegamecommonly called beano, or substantially the samegameunder another name, in connection with which prizes are offeredto be won bychance, may upon application to the statelotterycommission be granted a license to conduct saidgamein a city ortown which has voted to allow granting of licenses for theoperation, holding or conducting of saidgametherein; provided,that the application of such organization is in the case of acity, other than the city of Boston, approved by the majority ofthe city council and approved by the mayor, in a town by theboard of selectmen, and in the city of Boston by the licensingboard for said city; and provided further, that suchorganization has been in existence for at least five yearsimmediately prior to the date of making application for fee for such license shall be determined annually by thecommissioner of administration under the provision of sectionthree B of chapter seven.

5 The proceeds of said fees shall bepaid into the treasury of the commonwealth and shall be used bythe commission to defray the cost of administering this section,subject to license may be revoked at the discretion of the directorand shall be suspended or revoked upon written request to thedirector by the city or town approving authority as set forthabove in this section. The action of the director in suspendingor revoking a license shall be final, and the licensee shall nothave a right of organization licensed shall be limited to conducting suchgame to two days in each calendar week; provided, however, thaton one of such days each license shall limit the playing of saidgame to the hours between six o'clock post meridian and twelveo'clock midnight and on the other of such days said license shalllimit the playing of said game to the hours between one o'clockpost meridian and six o'clock post meridian and said days andappropriate times shall be set forth in the not more than three occasions in one calendar year a licenseemay change the date on which such beano game is to be conducted.

6 Provided, however, that the new date falls on the same day of theweek according to the terms of the license; and provided,further, that said licensee shall notify the commission of suchchange no less than thirty days prior to said new licensee shall give a prize which exceeds fifty dollars invalue, except that a licensee may give two prizes on any one dayas long as each prize does not exceed two hundred dollars invalue, either in cash or merchandise or four prizes on any oneday as long as each prize does not exceed one hundred dollars invalue, either in cash or merchandise; except that if the firstand lastgame, multiplegameor series ofgamesplayed on any dayon which the licensee is allowed to conduct beano is awinner-take-allgame, multiplegameor series ofgames,allreceipts from the sale of beano cards for said winner-take-allgame, multiplegameor series ofgames,less taxes due thecommonwealth under the provisions of section thirty-nine, shallbe awarded as prizes for said winner-take-allgame, multiplegameor series ofgames,except that no single prize so awarded mayexceed five hundred dollars in either cash or merchandise, andprovided, that when more than one player is to be a winner on thecall of the same number, the designated prize shall be dividedequally to the next nearest dollar, and provided further, that ifa licensee so elects.

7 No winner shall receive a prize whichamounts to less than ten per cent of the announced prize and thatin such case the total of said multiple prizes may exceed thestatutory limit of saidgame. Multiplegamesmay be playedprovided that the winner or winners of any individualgameplayedin a multiplegameshall not receive a prize in excess of thestatutory limit except as otherwise provided in this addition to the prizes allowed by this paragraph, a licenseemay award a door prize or prizes, the aggregate value of whichshall not exceed two hundred dollars in cash or alcoholic beverages shall be sold, dispensed or consumed inthat portion of any building or premises of the licensee duringthe hours such game is being person under eighteen years of age shall be permitted in thatportion of any building or premises of the licensee during suchtime as such game is being game shall be advertised or publicized by sign or billboardbeyond the city or town limits covered by each organization licensed under this section to conduct saidgame shall operate, manage and control said game by members ofthe local branch of said organization who have been such membersfor at least two years.

8 Whoever, not being a member of suchorganization, operates said game under a license issued to suchorganization shall be punished by a fine of one thousand dollarsand by imprisonment for not more than one an organization licensed to conduct beano fails to exerciseexclusive control and management of said game, or fails to haveone of its members in good standing in full control andmanagement of the game at all times during its operation, itshall be punished by a fine of not more than one profits of any game licensed to be conducted under thissection shall be the property of the organization conducting saidgame, and shall be used for charitable, religious or educationalpurposes, and shall not be distributed to the members of suchorganization. No person shall be entitled to a percentage of anymoney received as a result of conducting said records and books shall be kept by each licenseeshowing the total amount of all monies deposited by people whoplayed, attended or participated in said games, the expensesincurred and the name and address of each person receiving saidmoney.

9 A separate checking account shall be kept of receipts andexpenditures of beano and money for expenses shall be withdrawnonly by checks having preprinted consecutive numbers and madepayable to a specific person or corporation and at no time shalla check be made payable to cash. Proceeds from beano shall bekept in a separate bank account and the organization shall filean annual report in January of the charitable, religious oreducational disbursements of the preceding year with the directorand the mayor and council or selectmen in such form as thedirector may prescribe. Such annual report shall be a publicrecord. All monies expended for said charitable, religious oreducational purposes shall be duly and accurately recorded as tospecific amounts expended and the purposes for which expended.

10 Acopy of such records shall be filed with the local licensingauthority on or before December the thirty-first of each director, the approving authority of the city or town whereinsaid game is conducted, or their duly authorized agents orrepresentatives, shall at all times have access to said recordsand books of any licensee for the purpose of examining andchecking the composed of persons sixty years of age or older,commonly referred to as senior citizens' or golden age clubs, mayoperate or conduct beano games without a license between thehours of nine o'clock ante meridian and ten o'clock post meridianfor the purpose of amusement and recreation of its members;provided, however, that the organization has applied for andreceived an identification number from said commission, that noplayer or other person furnished consideration in excess of fivedollars for the opportunity to participate, that prizes awardedare up to but not more than one hundred dollars, that no personother than an active member of the organization participates inthe conduct of thegame.