23-5-306. Live card game table -- permit -- fees -- disposition of fees. (1) (a) A person who has been granted an operator's license under 23-5-177 and who holds an appropriate license to sell alcoholic beverages for consumption on the premises, as provided in 23-5-119, may be granted an annual permit for the placement of live card game tables.
     (b) A permit is not required for social games played for prizes of minimal value, defined as class I gaming by 25 U.S.C. 2703.
     (c) The department may issue an annual permit for the placement of live card game tables to a person operating a premises not licensed to sell alcoholic beverages for consumption on the premises if:
     (i) one or more live card game tables were legally operated on the premises on January 15, 1989;
     (ii) the premises were licensed on January 15, 1989, to sell food, cigarettes, or any other consumable product;
     (iii) the person has been granted an operator's license under 23-5-177; and
     (iv) at the time of application for the permit:
     (A) the person has continuously operated a live card game table on the premises since January 15, 1989; and
     (B) the natural person or persons who own the business operated on the premises are the same as on January 15, 1989.
     (2) The annual permit fee in lieu of taxes for each live card game table operated in a licensed operator's premises may not be prorated and must be:
     (a) $250 for the first table; and
     (b) $500 for each additional table.
     (3) The department shall retain for administrative purposes $100 of the fee collected under this part for each live card game table.
     (4) The department shall forward on a quarterly basis the remaining balance of the fee collected under subsection (2) to the treasurer of the county or the clerk, finance officer, or treasurer of the city or town in which the live card game table is located for deposit to the county or municipal treasury. A county is not entitled to proceeds from fees assessed on live card game tables located in incorporated cities and towns within the county. The local government portion of this fee is statutorily appropriated to the department, as provided in 17-7-502, for deposit to the county or municipal treasury.

     History: En. Sec. 29, Ch. 642, L. 1989; amd. Sec. 1, Ch. 18, Sp. L. January 1992; amd. Sec. 9, Ch. 626, L. 1993; amd. Sec. 8, Ch. 465, L. 1997; amd. Sec. 2, Ch. 101, L. 2007.