(1m) Except as provided in sub. (2m), whoever intentionally does any of the following is guilty of a Class A misdemeanor: (a) Permits any real estate owned or occupied by him or her or under his or her control to be used as a gambling place; or (b) Permits a gambling machine to be set up for use for the purpose of gambling in a place under his or her control. (2m) If the violation of sub. (1m) involves the setup or use of not more than 5 video gambling machines on premises for which a Class “B” or “Class B” license or permit has been issued under ch. 125, the person may be penalized as follows: (a) If the violation involves one video gambling machine, the person may be required to forfeit not more than $500. (b) If the violation involves 2 video gambling machines, the person may be required to forfeit not more than $1,000. (c) If the violation involves 3 video gambling machines, the person may be required to forfeit not more than $1,500. (d) If the violation involves 4 video gambling machines, the person may be required to forfeit not more than $2,000. (e) If the violation involves 5 video gambling machines, the person may be required to forfeit not more than $2,500.
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