Registration data. Numbering of devices. Records. 76 STAT. 1076. after the effective date of the Gambling Devices Act of 1962, unless, after November 30 of the preceding calendar year, and before the date such sale, shipment, or delivery occurs, such person has registered with the Attorney General under this subsection. "(3) It shall be unlawful for any person during any calendar year to engage in the business of repairing, reconditioning, buying, selling, leasing, using, or making available for use by others any gambling device, if in such business he buys or receives any such device knowing that it has been transported in interstate or foreign commerce after the effective date of the Gambling Devices Act of 1962, unless, after November 30 of the preceding calendar year and before the date on which he buys or receives such device, such person has registered with the Attorney General under this subsection. "(4) Each person who registers with the Attorney General pursuant to this subsection shall set forth in such registration (A) his name and each trade name under which he does business, (B) the address of each of his places of business in any State or possession of the United States, (C) the address of a place, in a State or possession of the United States in which such a place of business is located, where he will keep all records required to be kept by him by subsection (c) of this section, and (I)) each activity described in paragraph (1), (2), or (3) of this subsection which he intends to engage in during the calendar year with respect to which such registration is made. "(b) (1) Every manufacturer of a gambling device defined in paragraph (a) (1) or (a) (2) of the first section of this Act shall number seriatim each such gambling device manufactured by him and permanently affix on each such device, so as to be clearly visible, such number, his name, and, if different, any trade name under which he does business, and the date of manufacture of such device. "(2) Every manufacturer of a gambling device defined in paragraph (a)(3) of the first section of this Act shall, if the size of such device permits it, number seriatim each such gambling device manufactured by him and permanently affix on each such device, so as to be clearly visible, such number, his name, and, if different, any trade name under which he does business, and the date of manufacture of such device. "(c) (1) Every person required to register under subsection (a) of this section for any calendar year shall, on and after the date of such registration or the first day of such year (whichever last occurs), maintain a record by calendar month for all periods thereafter in such year of "(A) each gambling device manufactured, purchased, or otherwise acquired by him, "(B) each gambling device owned or possessed by him or in his custody, and "(C) each gambling device sold, delivered, or shipped by him in intrastate, interstate, or foreign commerce. "(2) Such record shall show "(A) in the case of each such gambling device defined in paragraph (a) (1) or (a) (2) of the first section of this Act, the Information which is required to be affixed on such gambling device by subsection (b)(1) of this section; and "(B) in the case of each such gambling device defined in paragraph (a) (3) of the first section of this Act, the information required to be affixed on such gambling device by subsection (b) (2) of this section, or, if such gambling device does not have affixed on it any such information, its catalog listing, description, and, in the case of each such device owned or possessed by him or in his custody, its location. 76 STAT. 1077. Such record shall also show (i) in the case of any such gambling device described in paragraph (1) (A) of this subsection, the name and address of the person from whom such device was purchased or acquired and the name and address of the carrier; and (ii) in the case of any such gambling device described in paragraph (1)(C) of this subsection, the name and address of the buyer and consignee thereof and the name and address of the carrier. “(d) Each record required to be maintained under this section Retention of shall be kept by the person required to make it at the place designated records. by him pursuant to subsection (a) (4) (C) of this section for a period of at least five years from the last day of the calendar month of the year with respect to which such record is required to be maintained. "(e) (1) It shall be unlawful (A) for any person during any period in which he is required to be registered under subsection (a) of this section to sell, deliver, or ship in intrastate, interstate, or foreign commerce or own, possess, or have in his custody any gambling device which is not marked and numbered as required by subsection (b) of this section; or (B) for any person to remove, obliterate, or alter any mark or number on any gambling device required to be placed thereon by such subsection (b). "(2) It shall be unlawful for any person knowingly to make or cause to be made, any false entry in any record required to be kept under this section. “(f) Agents of the Federal Bureau of Investigation shall, at any F. B. I. place designated pursuant to subsection (a) (4) (C) of this section by Authority. any person required to register by subsection (a) of this section, at all reasonable times, have access to and the right to copy any of the records required to be kept by this section, and, in case of refusal by any person registered under such subsection (a) to allow inspection and copying of such records, the United States district court for the district in which such place is located shall have jurisdiction to issue an order compelling production of such records for inspection or copying." 15 USC 1171. SEC. 6. The Act of January 2, 1951, is amended by adding at the 64 Stat. 1134. end thereof the following new section: "SEC. 9. None of the provisions of this Act shall be construed to Nonapplicability. apply "(1) to any machine or mechanical device designed and manufactured primarily for use at a racetrack in connection with parimutuel betting, "(2) to any machine or mechanical device, such as a coinoperated bowling alley, shuffleboard, marble machine (a so-called pinball machine), or mechanical gun, which is not designed and manufactured primarily for use in connection with gambling, and (A) which when operated does not deliver, as a result of the application of an element of chance, any money or property, or (B) by the operation of which a person may not become entitled to receive, as the result of the application of an element of chance, any money or property, or 76 STAT. 1077. ow (i) in the case of any such gambling aph (1)(A) of this subsection, the name and rom whom such device was purchased or and address of the carrier; and (ii) in the g device described in paragraph (1)(C) of ne and address of the buyer and consignee il address of the carrier. equired to be maintained under this section Retention of Son required to make it at the place designated records. section (a) (4) (C) of this section for a period rom the last day of the calendar month of the hich such record is required to be maintained. unlawful (A) for any person during any period ed to be registered under subsection (a) of this er, or ship in intrastate, interstate, or foreign ssess, or have in his custody any gambling device and numbered as required by subsection (b) of for any person to remove, obliterate, or alter any any gambling device required to be placed thereon (b). unlawful for any person knowingly to make or the Federal Bureau of Investigation shall, at any P. B. I. 64 Stat. 1134. 15 USC 1171. Act of January 2, 1951, is amended by adding at the to any machine or mechanical device designed and manu- to any machine or mechanical device, such as a coin- Effective date. 76 STAT. 1077. "(3) to any so-called claw, crane, or digger machine and similar devices which are not operated by coin, are actuated by a crank, and are designed and manufactured primarily for use at carnivals or county or State fairs." SEC. 7. The amendments made by this Act shall take effect on the sixtieth day after the date of its enactment. Approved October 18, 1962. Public Law 88-42 An Act To amend Public Law 86–272, as amended, with respect to the reporting date. Be it enacted by the Senate and House of Representatives of the 77 STAT. 67. Public Law 86–272 (73 Stat. 556), as amended, is amended to read as 15 USC 381 = follows: "SEC. 202. The committees shall report to their respective Houses the results of such studies, together with their proposals for legislation on or before March 31, 1964." Approved June 21, 1963. LEGISLATIVE HISTORY: HOUSE REPORT No. 342 (Judiciary Comm.). June 17: Considered and passed Senate. |