[Prior Code, § 216.010]
For the purpose of this chapter, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
A person ADVANCES GAMBLING ACTIVITY if, acting other than
as a player, he or she engages in conduct that materially aids
any form of gambling activity. Conduct of this nature includes but
is not limited to conduct directed toward the creation or establishment
of the particular game, lottery, contest, scheme, device or activity
involved, toward the acquisition or maintenance of premises, paraphernalia,
equipment or apparatus therefor, toward the solicitation or inducement
of persons to participate therein, toward the actual conduct of the
playing phases thereof, toward the arrangement or communication of
any of its financial or recording phases or toward any other phase
of its operation. A person ADVANCES GAMBLING ACTIVITY if, having substantial
proprietary control or other authoritative control over premises being
used with his or her knowledge for purposes of gambling activity,
he or she permits that activity to occur or continue or makes
no effort to prevent its occurrence or continuation.
Advancing gambling activity by unlawfully accepting bets
from members of the public as a business, rather than in a casual
or personal fashion, upon the outcomes of future contingent events.
Any contest, game, gaming scheme or gaming device in which
the outcome depends in a material degree upon an element of chance,
notwithstanding that the skill of the contestants may also be a factor
therein.
A person engages in GAMBLING when he or she stakes or
risks something of value upon the outcome of a contest of chance or
a future contingent event not under his or her control or influence,
upon an agreement or understanding that he or she will receive
something of value in the event of a certain outcome. GAMBLING does
not include bona fide business transactions valid under the law of
contracts, including but not limited to contracts for the purchase
or sale at a future date of securities or commodities, and agreements
to compensate for loss caused by the happening of chance, including
but not limited to contracts of indemnity or guaranty and life, health
or accident insurance; nor does GAMBLING include playing an amusement
device that confers only an immediate right of replay not exchangeable
for something of value.
Any device, machine, paraphernalia or equipment that is used
or usable in the playing phases of any gambling activity, whether
that activity consists of gambling between persons or gambling by
a person with a machine. However, lottery tickets, policy slips and
other items used in the playing phases of lottery and policy schemes
are not GAMBLING DEVICES within this definition.
Any article, instrument, record, receipt, ticket, certificate,
token, slip or notation used or intended to be used in connection
with unlawful gambling activity.
An unlawful gambling scheme in which for a consideration
the participants are given an opportunity to win something of value,
the award of which is determined by chance.
A person who engages in any form of gambling solely as a
contestant or bettor, without receiving or becoming entitled to receive
any profit therefrom other than personal gambling winnings, and without
otherwise rendering any material assistance to the establishment,
conduct or operation of the particular gambling activity. A person
who gambles at a social game of chance on equal terms with the other
participants therein does not otherwise render material assistance
to the establishment, conduct or operation thereof by performing,
without fee or remuneration, acts directed toward the arrangement
or facilitation of the game, such as inviting persons to play, permitting
the use of premises therefor and supplying cards or other equipment
used therein. A person who engages in bookmaking as defined above
in this section is not a PLAYER.
A player who engages in gambling for a livelihood or who
has derived at least 20% of his or her income in any one year within
the past five years from acting solely as a player.
A person PROFITS FROM GAMBLING ACTIVITY if, other than as
a player, he or she accepts or receives money or other property
pursuant to an agreement or understanding with any person whereby
he or she participates or is to participate in the proceeds of
gambling activity.
A gambling device that as a result of the insertion of a
coin or other object operates, either completely automatically or
with the aid of some physical act by the player, in such a manner
that, depending upon elements of chance, it may eject something of
value. A device so constructed or readily adaptable or convertible
to such use is no less a SLOT MACHINE because it is not in working
order or because some mechanical act of manipulation or repair is
required to accomplish its adaptation, conversion or work ability.
Nor is it any less a SLOT MACHINE because apart from its use or adaptability
as such it may also sell or deliver something of value on a basis
other than chance.
Any money or property, any token, object or article exchangeable
for money or property, or any form of credit or promise directly or
indirectly contemplating transfer of money or property or of any interest
therein or involving extension of a service, entertainment or a privilege
of playing at a game or scheme without charge.
Not specifically authorized by law.
[Prior Code, § 216.020; Penalty, see § 10.99]
A person commits the offense of gambling if he or she knowingly
engages in gambling.
[Prior Code, § 216.030; Penalty, see § 10.99]
A person commits the offense of promoting gambling if he
or she knowingly advances or profits from unlawful gambling or lottery
activity.
[Prior Code, § 216.040; Penalty, see § 10.99]
(A)
A person commits the offense of possession of gambling records if,
with knowledge of the contents thereof, he or she possesses any
gambling record of a kind used:
(B)
A person does not commit the offense under division (A) above of
this section if the gambling record possessed by the defendant constituted,
reflected or represented bets of the defendant himself or herself
in a number not exceeding 10. The defendant shall have the burden
of injecting the issue.
[Prior Code, § 216.050; Penalty, see § 10.99]
A person commits the offense of possession of a gambling device
if, with knowledge of the character thereof, he or she manufactures,
sells, transports, places or possesses or conducts or negotiates any
transaction affecting or designed to affect ownership, custody or
use of:
