§ 1173. — Registration of manufacturers and dealers.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC1173]
TITLE 15--COMMERCE AND TRADE
CHAPTER 24--TRANSPORTATION OF GAMBLING DEVICES
Sec. 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.
(Jan. 2, 1951, ch. 1194, Sec. 3, 64 Stat. 1135; Pub. L. 87-840, Sec. 5,
Oct. 18, 1962, 76 Stat. 1075.)
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.
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.
Section Referred to in Other Sections
This section is referred to in section 1176 of this title.
