13-3301

13-3301. Definitions

(Caution: 1998 Prop. 105 applies)

In this chapter, unless the context otherwise requires:

1. "Amusement gambling" means gambling involving a device, game or contest which
is played for entertainment if all of the following apply:

(a) The player or players actively participate in the game or contest or with the
device.

(b) The outcome is not in the control to any material degree of any person other
than the player or players.

(d) Any of the following:

(i) No benefit is given to the player or players other than an immediate and
unrecorded right to replay which is not exchangeable for value.

(ii) The gambling is an athletic event and no person other than the player or
players derives a profit or chance of a profit from the money paid to gamble by the
player or players.

(iii) The gambling is an intellectual contest or event, the money paid to gamble
is part of an established purchase price for a product, no increment has been added to
the price in connection with the gambling event and no drawing or lottery is held to
determine the winner or winners.

(iv) Skill and not chance is clearly the predominant factor in the game and the
odds of winning the game based upon chance cannot be altered, provided the game
complies with any licensing or regulatory requirements by the jurisdiction in which it
is operated, no benefit for a single win is given to the player or players other than a
merchandise prize which has a wholesale fair market value of less than four (4) dollars
or coupons which are redeemable only at the place of play and only for a merchandise
prize which has a fair market value of less than four (4) dollars and, regardless of
the number of wins, no aggregate of coupons may be redeemed for a merchandise prize
with a wholesale fair market value of greater than thirty-five (35) dollars.

2. "Conducted as a business" means gambling that is engaged in with the object of
gain, benefit or advantage, either direct or indirect, realized or unrealized, but not
when incidental to a bona fide social relationship.

3. "Crane game" means an amusement machine which is operated by player controlled
buttons, control sticks or other means, or a combination of the buttons or controls,
which is activated by coin insertion into the machine and where the player attempts to
successfully retrieve prizes with a mechanical or electromechanical claw or device by
positioning the claw or device over a prize.

4. "Gambling" or "gamble" means one act of risking or giving something of value
for the opportunity to obtain a benefit from a game or contest of chance or skill or a
future contingent event but does not include bona fide business transactions which are
valid under the law of contracts including contracts for the purchase or sale at a
future date of securities or commodities, contracts of indemnity or guarantee and life,
health or accident insurance.

5. "Player" means a natural person who participates in gambling.

6. "Regulated gambling" means either:

(a) Gambling conducted in accordance with a tribal-state gaming compact or
otherwise in accordance with the requirements of the Indian gaming regulatory act of
1988 (P.L. 100-497; 102 Stat. 2467; 25 United States Code sections 2701 through 2721
and 18 United States Code sections 1166 through 1168); or

(b) Gambling to which all of the following apply:

(i) It is operated and controlled in accordance with a statute, rule or order of
this state or of the United States.

(ii) All federal, state or local taxes, fees and charges in lieu of taxes have
been paid by the authorized person or entity on any activity arising out of or in
connection with the gambling.

(iii) If conducted by an organization which is exempt from taxation of income
under section 43-1201, the organization's records are open to public inspection.

(iv) Beginning on June 1, 2003, none of the players is under twenty-one years of
age.

7. "Social gambling" means gambling that is not conducted as a business and that
involves players who compete on equal terms with each other in a gamble if all of the
following apply:

(a) No player receives, or becomes entitled to receive, any benefit, directly or
indirectly, other than the player's winnings from the gamble.

(b) No other person receives or becomes entitled to receive any benefit, directly
or indirectly, from the gambling activity, including benefits of proprietorship,
management or unequal advantage or odds in a series of gambles.

(c) Until June 1, 2003, none of the players is below the age of majority.
Beginning on June 1, 2003, none of the players is under twenty-one years of age.

(d) Players "compete on equal terms with each other in a gamble" when no player
enjoys an advantage over any other player in the gamble under the conditions or rules
of the game or contest.