15 U.S.C. § 1173 — Registration of manufacturers and deal-

Page 1339 TITLE 15—COMMERCE AND TRADE § 1173 transport such devices into any State in which the de- vice is specifically enumerated as lawful in a State statute. Statutory Notes and Related Subsidiaries 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. § 1173. Registration of manufacturers and deal- ers (a) Activities requiring registration; contents of registration statement (1) It shall be unlawful for any person engaged in the business of manufacturing gambling de- vices, 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 de- vice 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, leas- ing, 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 Gam- bling 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, leas- ing, 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 com- merce 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 Attor- ney 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 posses- sion of the United States in which such a place of business is located, where he will keep all rec- ords required to be kept by him by subsection (c) of this section, and (D) each activity de- scribed in paragraph (1), (2), or (3) of this sub- section which he intends to engage in during the calendar year with respect to which such reg- istration 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 reg- istration 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, pur- chased, 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 re- quired 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 af- fixed on such gambling device by subsection (b)(2) of this section, or, if such gambling de- vice does not have affixed on it any such infor- mation, its catalog listing, description, and, in the case of each such device owned or pos- sessed 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 pur- chased or acquired and the name and address of the carrier; and (ii) in the case of any such gam- bling 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 pursu- ant 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 cus- tody of devices not marked or numbered; false entries in records (1) It shall be unlawful (A) for any person dur- ing any period in which he is required to be reg- Page 1340 TITLE 15—COMMERCE AND TRADE § 1174 istered 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 re- move, 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 know- ingly 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 sub- section (a)(4)(C) of this section by any person re- quired to register by subsection (a) of this sec- tion, 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 juris- diction to issue an order compelling production of such records for inspection or copying. (Jan. 2, 1951, ch. 1194, § 3, 64 Stat. 1135; Pub. L. 87–840, § 5, Oct. 18, 1962, 76 Stat. 1075.) Editorial Notes 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 en- gaging 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 At- torney 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 cal- endar 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 ad- dress 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 pur- poses 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 manufac- turer or dealer to sell, deliver, or ship any gambling de- vice which is not marked and numbered for identifica- tion as herein provided; and it shall be unlawful for any manufacturer or dealer to manufacture, recondition, repair, sell, deliver, or ship any gambling device with- out having registered as required by this section, or without filing monthly the required inventories and records of sales and deliveries.’’ Statutory Notes and Related Subsidiaries 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. § 1174. Labeling and marking of shipping pack- ages All gambling devices, and all packages con- taining 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. (Jan. 2, 1951, ch. 1194, § 4, 64 Stat. 1135.) § 1175. Specific jurisdictions within which manu- facturing, repairing, selling, possessing, etc., prohibited; exceptions (a) General rule It shall be unlawful to manufacture, recondi- tion, repair, sell, transport, possess, or use any gambling device in the District of Columbia, in any possession of the United States, within In- dian 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 docu- mented under chapter 121 of title 46 or docu- mented under the laws of a foreign country. (b) Exception (1) In general Except for a voyage or a segment of a voy- age that begins and ends in the State of Ha- waii, or as provided in paragraph (2), this sec- tion 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 pos- session of the United States; (B) the transport or possession, on a voy- age, of a gambling device on a vessel that is within the boundaries of any State or pos- session of the United States, if— (i) use of the gambling device on a por- tion of that voyage is, by reason of sub- paragraph (A), not a violation of this sec- tion; 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 re- pair or use of a gambling device on a vessel