-CITE-

15 USC CHAPTER 24 - TRANSPORTATION OF GAMBLING DEVICES 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 24 - TRANSPORTATION OF GAMBLING DEVICES

.

-HEAD-

CHAPTER 24 - TRANSPORTATION OF GAMBLING DEVICES

-MISC1-

Sec.

1171. Definitions.

1172. Transportation of gambling devices as unlawful; exceptions;

authority of Federal Trade Commission.

(a) General rule.

(b) Authority of Federal Trade Commission.

(c) Exception.

1173. Registration of manufacturers and dealers.

(a) Activities requiring registration; contents of

registration statement.

(b) Numbering of devices.

(c) Records; required information.

(d) Retention of records.

(e) Dealing in, owning, possessing, or having custody

of devices not marked or numbered; false

entries in records.

(f) Authority of Federal Bureau of Investigation.

1174. Labeling and marking of shipping packages.

1175. Specific jurisdictions within which manufacturing, repairing,

selling, possessing, etc., prohibited; exceptions.

(a) General rule.

(b) Exception.

(c) Exception for Alaska.

1176. Penalties.

1177. Confiscation of gambling devices and means of transportation;

laws governing.

1178. Nonapplicability of chapter to certain machines and devices.

-CITE-

15 USC Sec. 1171 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 24 - TRANSPORTATION OF GAMBLING DEVICES

-HEAD-

Sec. 1171. Definitions

-STATUTE-

As used in this chapter -

(a) The term ''gambling device'' means -

(1) any so-called ''slot machine'' or any other machine or

mechanical device an essential part of which is a drum or reel

with insignia thereon, and (A) which when operated may deliver,

as the result of the application of an element of chance, any

money or property, or (B) by the operation of which a person may

become entitled to receive, as the result of the application of

an element of chance, any money or property; or

(2) any other machine or mechanical device (including, but not

limited to, roulette wheels and similar devices) designed and

manufactured primarily for use in connection with gambling, and

(A) which when operated may deliver, as the result of the

application of an element of chance, any money or property, or

(B) by the operation of which a person may become entitled to

receive, as the result of the application of an element of

chance, any money or property; or

(3) any subassembly or essential part intended to be used in

connection with any such machine or mechanical device, but which

is not attached to any such machine or mechanical device as a

constituent part.

(b) The term ''State'' includes the District of Columbia, Puerto

Rico, the Virgin Islands, and Guam.

(c) The term ''possession of the United States'' means any

possession of the United States which is not named in subsection

(b) of this section.

(d) The term ''interstate or foreign commerce'' means commerce

(1) between any State or possession of the United States and any

place outside of such State or possession, or (2) between points in

the same State or possession of the United States but through any

place outside thereof.

(e) The term ''intrastate commerce'' means commerce wholly within

one State or possession of the United States.

(f) The term ''boundaries'' has the same meaning given that term

in section 1301 of title 43.

-SOURCE-

(Jan. 2, 1951, ch. 1194, Sec. 1, 64 Stat. 1134; Pub. L. 87-840,

Sec. 2, 3, Oct. 18, 1962, 76 Stat. 1075; Pub. L. 102-251, title II,

Sec. 202(c), Mar. 9, 1992, 106 Stat. 62.)

-MISC1-

AMENDMENTS

1992 - Subsec. (f). Pub. L. 102-251 added subsec. (f).

1962 - Subsec. (a)(2), (3). Pub. L. 87-840, Sec. 2, substituted

provisions including machines and mechanical devices designed and

manufactured primarily for gambling by the operation of which a

person may become entitled to receive, as the result of chance, any

money or property, for provisions which included machines or

mechanical devices designed and manufactured to operate by

inserting a coin, token, or similar object, in par. (2), and

inserted '', but which is not attached to any such machine or

mechanical device as a constituent part'', in par. (3).

Subsec. (b). Pub. L. 87-840, Sec. 3, substituted ''the District

of Columbia'' for ''Alaska, Hawaii''.

Subsecs. (d) and (e). Pub. L. 87-840, Sec. 3, added subsecs. (d)

and (e).

EFFECTIVE DATE OF 1962 AMENDMENT

Section 7 of Pub. L. 87-840 provided that: ''The amendments made

by this Act (enacting section 1178 of this title and amending this

section and sections 1172 and 1173 of this title) shall take effect

on the sixtieth day after the date of its enactment (Oct. 18,

1962).''

SHORT TITLE OF 1962 AMENDMENT

Section 1 of Pub. L. 87-840 provided: ''That this Act (enacting

section 1178 of this title and amending this section and sections

1172 and 1173 of this title) may be cited as the 'Gambling Devices

Act of 1962'.''

SHORT TITLE

Act Jan. 2, 1951, which enacted this chapter, is popularly known

as the ''Gambling Devices Transportation Act''.

SEPARABILITY

Section 8 of act Jan. 2, 1951, provided that: ''If any provision

of this Act (this chapter) or the application thereof to any person

or circumstance is held invalid, such invalidity shall not affect

other provisions or applications of the Act (this chapter) which

can be given effect without the invalid provision or application,

and to this end the provisions of this Act (this chapter) are

declared to be severable.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1173 of this title.

-CITE-

15 USC Sec. 1172 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 24 - TRANSPORTATION OF GAMBLING DEVICES

-HEAD-

Sec. 1172. Transportation of gambling devices as unlawful;

exceptions; authority of Federal Trade Commission

-STATUTE-

(a) General rule

It shall be unlawful knowingly to transport any gambling device

to any place in a State or a possession of the United States from

any place outside of such State or possession: Provided, That this

section shall not apply to transportation of any gambling device to

a place in any State which has enacted a law providing for the

exemption of such State from the provisions of this section, or to

a place in any subdivision of a State if the State in which such

subdivision is located has enacted a law providing for the

exemption of such subdivision from the provisions of this section,

nor shall this section apply to any gambling device used or

designed for use at and transported to licensed gambling

establishments where betting is legal under applicable State laws:

Provided, further, That it shall not be unlawful to transport in

interstate or foreign commerce any gambling device into any State

in which the transported gambling device is specifically enumerated

as lawful in a statute of that State.

(b) Authority of Federal Trade Commission

Nothing in this chapter shall be construed to interfere with or

reduce the authority, or the existing interpretation of the

authority, of the Federal Trade Commission under the Federal Trade

Commission Act (15 U.S.C. 41 et. seq.).

(c) Exception

This section does not prohibit the transport of a gambling device

to a place in a State or a possession of the United States on a

vessel on a voyage, if -

(1) use of the gambling device on a portion of that voyage is,

by reason of subsection (b) of section 1175 of this title, not a

violation of that section; and

(2) the gambling device remains on board that vessel while in

that State.

-SOURCE-

(Jan. 2, 1951, ch. 1194, Sec. 2, 64 Stat. 1134; Pub. L. 87-840,

Sec. 4, Oct. 18, 1962, 76 Stat. 1075; Pub. L. 102-251, title II,

Sec. 202(a), Mar. 9, 1992, 106 Stat. 61.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Trade Commission Act, referred to in subsec. (b), is

act Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is

classified generally to subchapter I (Sec. 41 et seq.) of chapter 2

of this title. For complete classification of this Act to the

Code, see section 58 of this title and Tables.

-MISC2-

AMENDMENTS

1992 - Pub. L. 102-251, Sec. 202(a)(1), (3), (4), designated

existing provisions as subsecs. (a) and (b), inserted headings, and

added subsec. (c).

Pub. L. 102-251, Sec. 202(a)(2), which directed that '', District

of Columbia,'' be struck out in subsec. (a), was executed by

striking out '', the District of Columbia,'' after ''place in a

State'' and ''outside of such State'' to reflect the probable

intent of Congress.

1962 - Pub. L. 87-840 excepted gambling devices used or designed

for use at and transported to licensed gambling establishments

where betting is legal under State laws, and provided that it shall

not be unlawful to transport such devices into any State in which

the device is specifically enumerated as lawful in a State statute.

EFFECTIVE DATE OF 1962 AMENDMENT

Amendment effective on sixtieth day after Oct. 18, 1962, see

section 7 of Pub. L. 87-840, set out as a note under section 1171

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1176 of this title.

-CITE-

15 USC Sec. 1173 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 24 - TRANSPORTATION OF GAMBLING DEVICES

-HEAD-

Sec. 1173. Registration of manufacturers and dealers

-STATUTE-

(a) Activities requiring registration; contents of registration

statement

(1) It shall be unlawful for any person engaged in the business

of manufacturing gambling devices, if the activities of such

business in any way affect interstate or foreign commerce, to

manufacture any gambling device during any calendar year, unless,

after November 30 of the preceding calendar year, and before the

date on which such device is manufactured, such person has

registered with the Attorney General under this subsection,

regardless of whether such device ever enters interstate or foreign

commerce.

(2) 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 sells, ships, or delivers

any such device knowing that it will be introduced into 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 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 (D) 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) Numbering of devices

(1) Every manufacturer of a gambling device defined in paragraph

(a)(1) or (a)(2) of section 1171 of this title 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 section 1171 of this title 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) Records; required information

(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 section 1171 of this title, 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 section 1171 of this title, 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.

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) Retention of records

Each record required to be maintained under this section shall be

kept by the person required to make it at the place designated 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) Dealing in, owning, possessing, or having custody of devices

not marked or numbered; false entries in records

(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) Authority of Federal Bureau of Investigation

Agents of the Federal Bureau of Investigation shall, at any place

designated pursuant to subsection (a)(4)(C) of this section by 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.

-SOURCE-

(Jan. 2, 1951, ch. 1194, Sec. 3, 64 Stat. 1135; Pub. L. 87-840,

Sec. 5, Oct. 18, 1962, 76 Stat. 1075.)

-REFTEXT-

REFERENCES IN TEXT

The effective date of the Gambling Devices Act of 1962, referred

to in subsec. (a)(2), (3), is the effective date of Pub. L. 87-840,

which is the sixtieth day after Oct. 18, 1962. See Effective Date

of 1962 Amendment note set out under section 1171 of this title.

-MISC2-

AMENDMENTS

1962 - Pub. L. 87-840 amended section generally. Prior to

amendment, section read as follows: ''Upon first engaging in

business, and thereafter on or before the 1st day of July of each

year, every manufacturer of and dealer in gambling devices shall

register with the Attorney General his name or trade name, the

address of his principal place of business, and the addresses of

his places of business in such district. On or before the last day

of each month every manufacturer of and dealer in gambling devices

shall file with the Attorney General an inventory and record of all

sales and deliveries of gambling devices as of the close of the

preceding calendar month for the place or places of business in the

district. The monthly record of sales and deliveries of such

gambling devices shall show the mark and number identifying each

article together with the name and address of the buyer or

consignee thereof and the name and address of the carrier.

Duplicate bills or invoices, if complete in the foregoing respects,

may be used in filing the record of sales and deliveries. For the

purposes of this chapter, every manufacturer or dealer shall mark

and number each gambling device, so that it is individually

identifiable. In cases of sale, delivery, or shipment of gambling

devices in unassembled form, the manufacturer or dealer shall

separately mark and number the components of each gambling device

with a common mark and number as if it were an assembled gambling

device. It shall be unlawful for any manufacturer or dealer to

sell, deliver, or ship any gambling device which is not marked and

numbered for identification as herein provided; and it shall be

unlawful for any manufacturer or dealer to manufacture,

recondition, repair, sell, deliver, or ship any gambling device

without having registered as required by this section, or without

filing monthly the required inventories and records of sales and

deliveries.''

EFFECTIVE DATE OF 1962 AMENDMENT

Amendment effective on sixtieth day after Oct. 18, 1962, see

section 7 of Pub. L. 87-840, set out as a note under section 1171

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1176 of this title.

-CITE-

15 USC Sec. 1174 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 24 - TRANSPORTATION OF GAMBLING DEVICES

-HEAD-

Sec. 1174. Labeling and marking of shipping packages

-STATUTE-

All gambling devices, and all packages containing any such, when

shipped or transported shall be plainly and clearly labeled or

marked so that the name and address of the shipper and of the

consignee, and the nature of the article or the contents of the

package may be readily ascertained on an inspection of the outside

of the article or package.

-SOURCE-

(Jan. 2, 1951, ch. 1194, Sec. 4, 64 Stat. 1135.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1176 of this title.

-CITE-

15 USC Sec. 1175 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 24 - TRANSPORTATION OF GAMBLING DEVICES

-HEAD-

Sec. 1175. Specific jurisdictions within which manufacturing,

repairing, selling, possessing, etc., prohibited; exceptions

-STATUTE-

(a) General rule

It shall be unlawful to manufacture, recondition, repair, sell,

transport, possess, or use any gambling device in the District of

Columbia, in any possession of the United States, within Indian

country as defined in section 1151 of title 18 or within the

special maritime and territorial jurisdiction of the United States

as defined in section 7 of title 18, including on a vessel

documented under chapter 121 of title 46 or documented under the

laws of a foreign country.

(b) Exception

(1) In general

Except for a voyage or a segment of a voyage that begins and

ends in the State of Hawaii, or as provided in paragraph (2),

this section does not prohibit -

(A) the repair, transport, possession, or use of a gambling

device on a vessel that is not within the boundaries of any

State or possession of the United States;

(B) the transport or possession, on a voyage, of a gambling

device on a vessel that is within the boundaries of any State

or possession of the United States, if -

(i) use of the gambling device on a portion of that voyage

is, by reason of subparagraph (A), not a violation of this

section; and

(ii) the gambling device remains on board that vessel while

the vessel is within the boundaries of that State or

possession; or

(C) the repair, transport, possession, or use of a gambling

device on a vessel on a voyage that begins in the State of

Indiana and that does not leave the territorial jurisdiction of

that State, including such a voyage on Lake Michigan.

(2) Application to certain voyages

(A) General rule

Paragraph (1)(A) does not apply to the repair or use of a

gambling device on a vessel that is on a voyage or segment of a

voyage described in subparagraph (B) of this paragraph if the

State or possession of the United States in which the voyage or

segment begins and ends has enacted a statute the terms of

which prohibit that repair or use on that voyage or segment.

(B) Voyage and segment described

A voyage or segment of a voyage referred to in subparagraph

(A) is a voyage or segment, respectively -

(i) that begins and ends in the same State or possession of

the United States, and

(ii) during which the vessel does not make an intervening

stop within the boundaries of another State or possession of

the United States or a foreign country.

(C) Exclusion of certain voyages and segments

Except for a voyage or segment of a voyage that occurs within

the boundaries of the State of Hawaii, a voyage or segment of a

voyage is not described in subparagraph (B) if it includes or

consists of a segment -

(i) that begins and ends in the same State;

(ii) that is part of a voyage to another State or to a

foreign country; and

(iii) in which the vessel reaches the other State or

foreign country within 3 days after leaving the State in

which it begins.

(c) Exception for Alaska

(1) With respect to a vessel operating in Alaska, this section

does not prohibit, nor may the State of Alaska make it a violation

of law for there to occur, the repair, transport, possession, or

use of any gambling device on board a vessel which provides

sleeping accommodations for all of its passengers and that is on a

voyage or segment of a voyage described in paragraph (2), except

that such State may, within its boundaries -

(A) prohibit the use of a gambling device on a vessel while it

is docked or anchored or while it is operating within 3 nautical

miles of a port at which it is scheduled to call; and

(B) require the gambling devices to remain on board the vessel.

(2) A voyage referred to in paragraph (1) is a voyage that -

(A) includes a stop in Canada or in a State other than the

State of Alaska;

(B) includes stops in at least 2 different ports situated in

the State of Alaska; and

(C) is of at least 60 hours duration.

-SOURCE-

(Jan. 2, 1951, ch. 1194, Sec. 5, 64 Stat. 1135; Pub. L. 102-251,

title II, Sec. 202(b), Mar. 9, 1992, 106 Stat. 61; Pub. L. 104-264,

title XII, Sec. 1222, Oct. 9, 1996, 110 Stat. 3286; Pub. L.

104-324, title XI, Sec. 1106, Oct. 19, 1996, 110 Stat. 3967; Pub.

L. 106-554, Sec. 1(a)(4) (div. B, title I, Sec. 147), Dec. 21,

2000, 114 Stat. 2763, 2763A-251.)

-MISC1-

AMENDMENTS

2000 - Subsec. (b)(1). Pub. L. 106-554 inserted ''for a voyage or

a segment of a voyage that begins and ends in the State of Hawaii,

or'' after ''Except'' in introductory provisions.

1996 - Subsec. (b)(1)(C). Pub. L. 104-324, Sec. 1106(b), added

subpar. (C).

Subsec. (b)(2)(C). Pub. L. 104-264, Sec. 1222, and Pub. L.

104-324, Sec. 1106(a), made substantially identical amendments,

adding subpar. (C). The text of subpar. (C) is based on amendment

by Pub. L. 104-324.

Subsec. (c). Pub. L. 104-324, Sec. 1106(c), added subsec. (c).

1992 - Subsec. (a). Pub. L. 102-251, Sec. 202(b)(1), (2),

designated existing provisions as subsec. (a), inserted heading,

and inserted before period at end '', including on a vessel

documented under chapter 121 of title 46 or documented under the

laws of a foreign country''.

Subsec. (b). Pub. L. 102-251, Sec. 202(b)(3), added subsec. (b).

EFFECTIVE DATE OF 1996 AMENDMENT

Except as otherwise specifically provided, amendment by Pub. L.

104-264 applicable only to fiscal years beginning after Sept. 30,

1996, and not to be construed as affecting funds made available for

a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L.

104-264, set out as a note under section 106 of Title 49,

Transportation.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1172, 1176 of this title;

title 25 section 2710.

-CITE-

15 USC Sec. 1176 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 24 - TRANSPORTATION OF GAMBLING DEVICES

-HEAD-

Sec. 1176. Penalties

-STATUTE-

Whoever violates any of the provisions of sections 1172, 1173,

1174, or 1175 of this title shall be fined not more than $5,000 or

imprisoned not more than two years, or both.

-SOURCE-

(Jan. 2, 1951, ch. 1194, Sec. 6, 64 Stat. 1135.)

-CITE-

15 USC Sec. 1177 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 24 - TRANSPORTATION OF GAMBLING DEVICES

-HEAD-

Sec. 1177. Confiscation of gambling devices and means of

transportation; laws governing

-STATUTE-

Any gambling device transported, delivered, shipped,

manufactured, reconditioned, repaired, sold, disposed of, received,

possessed, or used in violation of the provisions of this chapter

shall be seized and forfeited to the United States. All provisions

of law relating to the seizure, summary and judicial forfeiture,

and condemnation of vessels, vehicles, merchandise, and baggage for

violation of the customs laws; the disposition of such vessels,

vehicles, merchandise, and baggage or the proceeds from the sale

thereof; the remission or mitigation of such forfeitures; and the

compromise of claims and the award of compensation to informers in

respect of such forfeitures shall apply to seizures and forfeitures

incurred, or alleged to have been incurred, under the provisions of

this chapter, insofar as applicable and not inconsistent with the

provisions hereof: Provided, That such duties as are imposed upon

the collector of customs or any other person with respect to the

seizure and forfeiture of vessels, vehicles, merchandise, and

baggage under the customs laws shall be performed with respect to

seizures and forfeitures of gambling devices under this chapter by

such officers, agents, or other persons as may be authorized or

designated for that purpose by the Attorney General.

-SOURCE-

(Jan. 2, 1951, ch. 1194, Sec. 7, 64 Stat. 1135.)

-TRANS-

TRANSFER OF FUNCTIONS

Offices of collector of customs, comptroller of customs, surveyor

of customs, and appraiser of merchandise in Bureau of Customs of

Department of the Treasury to which appointments were required to

be made by President with advice and consent of Senate ordered

abolished with such offices to be terminated not later than Dec.

31, 1966, by Reorg. Plan No. 1 of 1965, eff. May 25, 1965, 30 F.R.

7035, 79 Stat. 1317, set out in the Appendix to Title 5, Government

Organization and Employees. Functions of offices eliminated were

already vested in Secretary of the Treasury by Reorg. Plan No. 26

of 1950, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out

in the Appendix to Title 5.

-CITE-

15 USC Sec. 1178 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 24 - TRANSPORTATION OF GAMBLING DEVICES

-HEAD-

Sec. 1178. Nonapplicability of chapter to certain machines and

devices

-STATUTE-

None of the provisions of this chapter shall be construed to

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

coin-operated 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

(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.

-SOURCE-

(Jan. 2, 1951, ch. 1194, Sec. 9, as added Pub. L. 87-840, Sec. 6,

Oct. 18, 1962, 76 Stat. 1077.)

-MISC1-

EFFECTIVE DATE

Section effective on sixtieth day after Oct. 18, 1962, see

section 7 of Pub. L. 87-840, set out as an Effective Date of 1962

Amendment note under section 1171 of this title.

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