(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.