Electrical or mechanical amusement devices — criminal penalties.

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99B.54 Electrical or mechanical amusement devices — criminal penalties.

1. A person who violates any provision of section 99B.52 or 99B.53, except as specified in subsection 2, commits a serious misdemeanor.

2. A person who violates any provision of section 99B.52, subsection 2 or 6; or section 99B.53, subsection 4, 8, 10, 11, 12, or 13, shall be subject to the following:

a. For a first offense under an applicable subsection, the person commits a simple misdemeanor, punishable as a scheduled violation pursuant to section 805.8C, subsection 4, paragraph “b”.

b. For a second or subsequent offense under the same applicable subsection, the person commits a serious misdemeanor.

3. Notwithstanding any provision of section 99B.52 or 99B.53 to the contrary, the following shall apply:

a. An individual other than an owner or distributor of an amusement device may operate an amusement device, whether or not the amusement device is owned, possessed, or offered for use in compliance with section 99B.52 or 99B.53.

b. A distributor shall not be liable for a violation of section 99B.52 or 99B.53 unless the distributor or an employee of the distributor intentionally violates a provision of section 99B.52 or 99B.53.

2015 Acts, ch 99, §45

Referred to in §805.8C(4)(b)


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