§ 14-306.1A. Types of machines and devices prohibited by law; penalties. - North Carolina Statutes

§ 14‑306.1A.  Types ofmachines and devices prohibited by law; penalties.

(a)        Ban on Machines. – Itshall be unlawful for any person to operate, allow to be operated, place intooperation, or keep in that person's possession for the purpose of operation anyvideo gaming machine as defined in subsection (b) of this section, except forthe exemption for a federally recognized Indian tribe under subsection (e) ofthis section for whom it shall be lawful to operate and possess machines aslisted in subsection (b) of this section if conducted in accordance with anapproved Class III Tribal‑State Compact applicable to that tribe, asprovided in G.S. 147‑12(14) and G.S. 71A‑8.

(b)        Definitions. – Asused in this section, a video gaming machine means a slot machine as defined inG.S. 14‑306(a) and other forms of electrical, mechanical, or computergames such as, by way of illustration:

(1)        A video poker gameor any other kind of video playing card game.

(2)        A video bingo game.

(3)        A video craps game.

(4)        A video keno game.

(5)        A video lotto game.

(6)        Eight liner.

(7)        Pot‑of‑gold.

(8)        A video game basedon or involving the random or chance matching of different pictures, words,numbers, or symbols not dependent on the skill or dexterity of the player.

For the purpose of thissection, a video gaming machine is a video machine which requires deposit ofany coin or token, or use of any credit card, debit card, or any other methodthat requires payment to activate play of any of the games listed in thissubsection.

For the purpose of thissection, a video gaming machine includes those that are within the scope of theexclusion provided in G.S. 14‑306(b)(2) unless conducted in accordancewith an approved Class III Tribal‑State Compact applicable to that tribeas provided in G.S. 147‑12(14) and G.S. 71A‑8. For the purpose ofthis section, a video gaming machine does not include those that are within thescope of the exclusion provided in G.S. 14‑306(b)(1).

(c)        Exemption forCertain Machines. – This section shall not apply to:

(1)        Assemblers,repairers, manufacturers, sellers, lessors, or transporters of video gamingmachines who assemble, repair, manufacture, sell, lease, or transport them foruse out‑of‑state, or

(2)        Assemblers,repairers, manufacturers, sellers, lessors, or transporters of video gamingmachines who assemble, repair, manufacture, sell, or lease video gamingmachines for use only by a federally recognized Indian tribe if such machinesmay be lawfully used on Indian land under the Indian Gaming Regulatory Act.

To qualify for an exemptionunder this subsection, the machines must be disabled and not operable, unlessthe machines are located on Indian land where they may be lawfully operatedunder a Tribal‑State Compact.

(d)        Ban on Warehousing.– It is unlawful to warehouse any video gaming machine except in conjunctionwith the activities permitted under subsection (c) of this section.

(e)        Exemption forActivities Under IGRA. – Notwithstanding any other prohibitions in State law,the form of Class III gaming otherwise prohibited by subsections (a) through(d) of this section may be legally conducted on Indian lands which are held intrust by the United States government for and on behalf of federally recognizedIndian tribes if conducted in accordance with an approved Class III Tribal‑StateGaming Compact applicable to that tribe as provided in G.S. 147‑12(14)and G.S. 71A‑8.

(f)         Machines describedin G.S. 14‑306(b)(1) are excluded from this section. (2006‑6, s. 4; 2006‑259,s. 6.)