Oregon Administrative Rules|Section 177-010-0120 - Display and Demonstration of a Trade Show Device at a Trade Show

                                                

Current through Register Vol. 60, No. 12, December 1, 2021

(1) Definition: For the purposes of this rule, "Trade show device" means a gaming device that would otherwise be a gray machine as described in ORS 167.117(9) or a slot machine as described in 167.117(20) except that the device is authorized for display or demonstration purposes at a trade show and the device is displayed and demonstrated by a manufacturer or manufacturer's representative as an example of a model that is currently in production for sale or is scheduled to be in production for sale by the manufacturer.

(2) Trade Show Display: A trade show device approved for display and demonstration at a trade show:

(a) Cannot be used for actual wagering. Any device that accepts any consideration is not authorized under this rule.
(b) Cannot be sold directly from the site of the trade show or while in transit to or from the trade show.
(c) Must have the coin or bill acceptor removed or physically restricted from use so that wagering is not possible.
(d) Must have a sign posted in close proximity to the device that contains the phrase, "No one under 21 years of age is allowed to operate this machine." A vendor displaying and demonstrating trade show devices must ensure that minors under the age of 21 are not allowed to operate the device.

(3) Limitations: For purposes of this rule, a trade show cannot be held at a location or in a manner in which the Oregon State Police or the Lottery Security Section is encumbered from ensuring compliance with applicable law. For example, a trade show cannot be held in a mobile demonstration van or be conducted simultaneously at multiple locations.

(4) Application: A vendor participating in a trade show must complete, in its entirety, and file an application with the Director for authorization to display, demonstrate, and transport a trade show device at a trade show. The application shall include, but not be limited to:

(a) The full name, address, and telephone number of both the business and the individual initiating the request to display and demonstrate such a device at a trade show;
(b) The title, location, and dates of the trade show;
(c) The full name, address, and telephone number of the sponsor or organizer of the trade show;
(d) The manufacturer of each device;
(e) The serial number of each device;
(f) The model of each device;
(g) The schedule of transport of such a device;
(h) The specific address and location of any intermediary storage sites for the device before or after the trade show; and
(i) The name, address, and telephone number of a person who can be contacted if questions arise regarding any aspect of the authorization, the devices, or the trade show.

(5) Approval: The Director may approve, in writing, an application to display, demonstrate, and transport a trade show device submitted under section (4) upon finding that each device identified in the application is a trade show device and that the applicant will use the trade show device solely for display and demonstration purposes at a trade show that is not open to the public and where minors under the age of 21 are prohibited from operating any trade show device.

(6) Approval to Accompany Machine: Upon approval by the Director, a copy of the Director's approval to display, demonstrate, and transport a trade show device must accompany the device while in transit to or from the trade show and while the device is at the trade show.

(7) Transport: A trade show device scheduled to be displayed or demonstrated at a trade show must be transported as described in the approval to display, demonstrate, and transport the device. Any variation in the number, type, or serial number of devices to be displayed and demonstrated at a trade show, or of the schedule of the transport of the devices to or from a trade show contained in the authorization shall be immediately reported to the Lottery following notification procedures described in the authorization.

(8) Inspection: Trade show devices displayed or demonstrated at a trade show must be available for inspection by the Oregon State Police or the Lottery Security Section to assure compliance with applicable law.

(9) Confiscation: A device displayed, demonstrated, transported, or otherwise possessed in violation of this rule or any statute is subject to confiscation by law enforcement officers and may be forfeited and destroyed.

Or. Admin. R. 177-010-0120

LOTT 12-1999(Temp), f. & cert. ef. 12-27-99 thru 6-20-00; LOTT 3-2000, f. 3-31-00, cert. ef. 4-3-00; LOTT 10-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03; LOTT 21-2002, f. & cert. ef. 11-25-02; LOTT 3-2008, f. 6-30-08, cert. ef. 7-1-08; LOTT 1-2021, amend filed 02/26/2021, effective 3/1/2021

Statutory/Other Authority: OR Const. Art. XV, § 4(4), ORS 167.116 & 461.120

Statutes/Other Implemented: OR Const. Art. XV, § 4, ORS 167.116, 167.117, 461.120 & 461.725

This section was updated on 3/10/2021 by overlay.

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