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U.S. Code as of:
01/19/04
Section 1173. Registration of manufacturers and dealers
(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.
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