LD 1370
pg. 15
Page 14 of 20 An Act To Enact the Maine Tribal Gaming Act Page 16 of 20
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LR 2023
Item 1

 
4.__Civil penalties.__Subject to such regulations as may be
prescribed by the state gaming agency, the state gaming agency
may levy and collect appropriate civil penalties, not to
exceed $25,000 per violation, against the tribal gaming
operator or any gaming services enterprise subject to section
6306, subsection 1 for any violation of this subchapter or
standard of operation adopted under this subchapter.__A
penalty may not be levied under this subsection except upon a
written complaint delivered by the state gaming agency to the
tribal gaming operator and, if applicable, the affected gaming
services enterprise, with a copy in each case to the tribal
gaming agency, stating in common and concise language the
alleged acts or omissions that provide the basis for such
penalty and the specific statutory provisions alleged to have
been violated.__The state gaming agency shall, by rule,
provide an opportunity for appeal and hearing before the state
gaming agency of any penalty levied by the state gaming agency
under this subsection.__A decision of the state gaming agency
to levy a civil penalty under this subsection, following any
such review, constitutes final agency action subject to
judicial review in the manner provided by the Maine
Administrative Procedure Act.

 
§6311.__Application of state regulatory standards

 
1.__Health and safety standards.__Each gaming facility is
subject to the laws and regulations of the State relating to
public facilities with regard to building, sanitary and health
standards and fire safety and to the laws and rules of the
State relating to water discharges by public facilities.

 
2.__Regulation of alcoholic beverages.__Service of alcoholic
beverages within a gaming facility is subject to the laws and
regulations of the State applicable to the sale or
distribution of alcoholic beverages.__The tribal gaming
operator is entitled to a hotel permit for the sale of liquor
for gaming facilities that are contained in the same building
as a hotel, or a cafe permit for the sale of liquor for gaming
facilities that are not contained in the same building as a
hotel, or such equivalent permits or licenses as may from time
to time be available to similar enterprises operated pursuant
to the laws of the State, and the price of an alcoholic
beverage sold to a gaming customer in partial consideration
for amounts wagered need not be billed by separate charge to
the individual customer; provided that the price of each
alcoholic beverage determined sold to a gaming customer in
partial consideration for amounts wagered may be no less than
the price required for such sales pursuant to the laws of the
State and must be separately accounted for by the tribal
gaming operator.__Any tax due under the laws of the State for
the retail sale of such beverages must be paid with respect to
such sales, and daily and monthly records must be maintained
with


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