Section 495-A. Unlawful bingo or game

1. For the purposes of this section,
  "bingo" or "game" shall mean and include  a  specific  game  or  chance,
  commonly  known  as  bingo  or lotto, in which prizes are awarded on the
  basis of designated numbers or symbols on a card conforming  to  numbers
  or  symbols selected at random, whether or not a person who participates
  as a  player  furnishes  something  of  value  for  the  opportunity  to
  participate.
    2.   Any   person,  firm,  partnership,  association,  corporation  or
  organization holding, operating, or conducting bingo or a game is guilty
  of a misdemeanor, except when operating, holding or conducting:
    (a) In accordance  with  a  valid  license  issued  pursuant  to  this
  article; or
    (b) (i) Within a municipality that has authorized the conduct of bingo
  games by authorized organizations:
    (A)  within  the  confines  of  a  home  for  purposes of amusement or
  recreation where (I) no player or other  person  furnishes  anything  of
  value for the opportunity to participate, and (II) the prizes awarded or
  to be awarded are nominal.
    (B)   within   any  apartment,  condominium  or  cooperative  complex,
  retirement community, or other group  residential  complex  or  facility
  where (I) sponsored by the operator of or an association related to such
  complex, community or facility, (II) such games are conducted solely for
  the  purpose  of  amusement  and  recreation  of its residents, (III) no
  player or other person furnishes anything of value for  the  opportunity
  to  participate,  (IV)  the  value  of  the  prizes shall not exceed ten
  dollars for any one game or a total of one hundred fifty dollars in  any
  calendar day, (V) such games are not conducted on more than fifteen days
  during  any  calendar year, and (VI) no person other than an employee or
  volunteer of such complex, community or facility conducts or assists  in
  conducting the game or games.
    (C)  on  behalf  of  any  bona  fide  social, charitable, educational,
  recreational, fraternal or age group organization, club  or  association
  solely  for  the  purpose  of amusement and recreation of its members or
  beneficiaries where (I) no player or other person furnishes anything  of
  value  for  the opportunity to participate, (II) the value of the prizes
  shall not exceed ten dollars for any one game or a total of one  hundred
  fifty dollars in any calendar day, (III) such games are not conducted on
  more  than  fifteen  days during any calendar year, (IV) no person other
  than a bona fide active member of the organization, club or  association
  participates  in the conduct of the games, and (V) no person is paid for
  conducting or assisting in the conduct of the game or games.
    (D) as a hotel's, motel's, recreational or entertainment facility's or
  common carrier's social activity solely for the purpose of amusement and
  recreation of its patrons where (I) no player or other person  furnishes
  anything  of value for the opportunity to participate, (II) the value of
  the prizes shall not exceed ten dollars for any one game or a  total  of
  one  hundred fifty dollars in any calendar day, (III) such games are not
  conducted on more than fifteen days during any calendar  year,  (IV)  no
  person  other  than  an  employee  or  volunteer  conducts or assists in
  conducting the game or  games,  and  (V)  the  game  or  games  are  not
  conducted in the same room where alcoholic beverages are sold.
    (ii) The control commission and the governing body of the municipality
  in which bingo games are conducted pursuant to this paragraph shall have
  the  authority  to regulate the conduct of such games. Any bingo game or
  games, in which no participant or other  person  furnishes  anything  of
  value for the opportunity to participate, which is operated in violation
  of  this paragraph, a civil penalty of not more than one hundred dollars
  may be imposed for the first such violation, a civil penalty of not more

  than one hundred fifty dollars  may  be  imposed  for  the  second  such
  violation  in  a  period of three years, and a civil penalty of not more
  than two hundred dollars may be imposed for the third or subsequent such
  violation in a period of five years.
    3.  The  provisions  of this section shall apply to all municipalities
  within this state, including those municipalities where this article  is
  inoperative.