State Codes and Statutes

Statutes > Kansas > Chapter21 > Article43 > Statutes_12089

21-4302

Chapter 21.--CRIMES AND PUNISHMENTS
PART II.--PROHIBITED CONDUCT
Article 43.--CRIMES AGAINST THE PUBLIC MORALS

      21-4302.   Gambling; definitions.(a) "Bet" means abargain in which the parties agree that, dependent uponchance, one stands to win or lose something of value specified in theagreement. A bet does not include:

      (1)   Bona fide business transactions which are valid under thelaw ofcontracts including, but not limited to, contracts for the purchase orsale at a future date of securities or other commodities, and agreementsto compensation for loss caused by the happening of the chanceincluding, but not limited to, contracts of indemnity or guaranty andlife or health and accident insurance;

      (2)   offers of purses, prizes or premiums to the actualcontestantsin any bona fide contest for the determination of skill, speed,strength, or endurance or to the bona fide owners of animals or vehiclesentered in such a contest;

      (3)   a lottery as defined in this section;

      (4)   any bingo gameby or for participants managed, operated or conducted in accordancewith the laws of the state of Kansas by an organizationlicensed by the state of Kansas to manage, operate or conductgames of bingo;

      (5)   a lottery operated by the state pursuant to the Kansaslottery act;

      (6)   any system of parimutuel wagering managed, operated andconductedin accordance with the Kansas parimutuel racing act; or

      (7)   tribal gaming.

      (b)   "Lottery" means an enterprise wherein for aconsideration theparticipants are given an opportunity to win a prize, the award of whichis determined by chance. A lottery does not include:

      (1)   A lottery operatedby the state pursuant to the Kansas lottery act; or

      (2)   tribal gaming.

      (c)   "Consideration" means anything which isa commercial or financial advantage to the promoter or a disadvantage toany participant.

      Mere registration without purchase of goods or services; personalattendance at places or events, without payment of an admission price orfee; listening to or watching radio and television programs; answeringthe telephone or making a telephone call and acts of like nature are notconsideration.

      As used in this subsection, consideration does notinclude:

      (1)   Sums of money paid by or for participants in any bingo gamemanaged,operated or conducted in accordance with the laws of the state of Kansasby any bona fide nonprofit religious, charitable, fraternal, educationalor veteran organization licensed to manage, operate or conduct bingo gamesunder the laws of the state of Kansas and it shall be conclusively presumedthat such sumspaid by or for such participants were intended bysuch participants tobe for the benefit of the sponsoring organizations for the use of suchsponsoring organizations in furthering thepurposes of such sponsoring organizations, as set forth in the appropriateparagraphs of subsection (c) or (d) of section 501 of the internalrevenue code of 1986 and as set forth in K.S.A. 79-4701 andamendments thereto;

      (2)   sums of money paid by or for participants in any lotteryoperated by the state pursuant to the Kansas lottery act;

      (3)   sums of money paid by or for participants in any system ofparimutuel wagering managed, operated and conducted in accordance with theKansas parimutuel racing act; or

      (4)   sums of money paid by or for a person to participate in tribal gaming.

      (d) (1)   "Gambling device" means:

      (A)   Any so-called "slot machine" or any other machine, mechanical device,electronic device or other contrivancean essential part of which is a drum or reel with insignia thereon, and (i)which when operated may deliver, as the result of chance, any money orproperty, or (ii) by the operation of which a person maybecome entitled to receive, as the result of chance, any money or property;

      (B)   any other machine, mechanical device, electronic device or othercontrivance (including, but not limited to,roulette wheels and similar devices)which is equipped with or designed to accommodate the addition of a mechanismthat enables accumulated credits to be removed, is equipped with or designed toaccommodate a mechanism to recordthe number of credits removed or is otherwise designed, manufactured or alteredprimarily for use in connection with gambling, and (i) which when operated maydeliver, as the result of chance, any money or property,or (ii) by the operation of which a person may become entitled to receive, asthe result of chance, any money or property;

      (C)   any subassembly or essential part intended to be used in connection withany such machine, mechanical device, electronic device or other contrivance,but which is not attached to any such machine, mechanical device, electronicdevice or other contrivance as a constituent part; or

      (D)   any token, chip, paper,receipt or other document which evidences, purports to evidence or isdesigned to evidence participation in a lottery or the making of a bet.

      The fact that the prize is not automatically paid by the device does notaffect its character as a gambling device.

      (2)   Gambling device does not include:

      (A)   Any machine, mechanical device, electronic device or other contrivanceused or for use bya licensee of the Kansas racing commission as authorized by law and rules andregulations adopted by the commission or by the Kansas lottery or Kansaslottery retailers as authorized by law and rules and regulations adopted by theKansas lottery commission;

      (B)   any machine, mechanical device, electronic device or other contrivance,such as a coin-operated bowling alley,shuffleboard, marble machine (a so-called pinball machine), or mechanical gun,which is not designed and manufactured primarily for use in connection withgambling, and (i) which when operated does not deliver, as a result of chance,any money, or (ii) by the operation of which a person may not become entitledto receive,as the result of the application of an element of chance, any money;

      (C)   any so-called claw, crane, or digger machine and similar devices whichare designed andmanufactured primarily for use at carnivals or county or state fairs;or

      (D)   any machine, mechanical device, electronic device or other contrivanceused in tribal gaming.

      (e)   A "gambling place" is any place, room, building, vehicle,tentor location which is used for any of the following: Making and settlingbets; receiving, holding, recording or forwarding bets or offers to bet;conducting lotteries; or playing gambling devices. Evidence that theplace has a general reputation as a gambling place or that, at or aboutthe time in question, it was frequently visited by persons known to becommercial gamblers or known as frequenters of gambling places isadmissible on the issue of whether it is a gambling place.

      (f)   "Tribal gaming" has the meaning provided by K.S.A. 74-9802andamendments thereto.

      (g)   "Tribal gaming commission" has the meaning provided by K.S.A.74-9802 andamendments thereto.

      History:   L. 1969, ch. 180, § 21-4302; L. 1971, ch. 111, § 1;L. 1977, ch. 341, § 1;L. 1987, ch. 292, § 23; L. 1987, ch. 112, § 35;L. 1994, ch. 257, § 1;L. 1996, ch. 256, § 11; July 1.

State Codes and Statutes

Statutes > Kansas > Chapter21 > Article43 > Statutes_12089

21-4302

Chapter 21.--CRIMES AND PUNISHMENTS
PART II.--PROHIBITED CONDUCT
Article 43.--CRIMES AGAINST THE PUBLIC MORALS

      21-4302.   Gambling; definitions.(a) "Bet" means abargain in which the parties agree that, dependent uponchance, one stands to win or lose something of value specified in theagreement. A bet does not include:

      (1)   Bona fide business transactions which are valid under thelaw ofcontracts including, but not limited to, contracts for the purchase orsale at a future date of securities or other commodities, and agreementsto compensation for loss caused by the happening of the chanceincluding, but not limited to, contracts of indemnity or guaranty andlife or health and accident insurance;

      (2)   offers of purses, prizes or premiums to the actualcontestantsin any bona fide contest for the determination of skill, speed,strength, or endurance or to the bona fide owners of animals or vehiclesentered in such a contest;

      (3)   a lottery as defined in this section;

      (4)   any bingo gameby or for participants managed, operated or conducted in accordancewith the laws of the state of Kansas by an organizationlicensed by the state of Kansas to manage, operate or conductgames of bingo;

      (5)   a lottery operated by the state pursuant to the Kansaslottery act;

      (6)   any system of parimutuel wagering managed, operated andconductedin accordance with the Kansas parimutuel racing act; or

      (7)   tribal gaming.

      (b)   "Lottery" means an enterprise wherein for aconsideration theparticipants are given an opportunity to win a prize, the award of whichis determined by chance. A lottery does not include:

      (1)   A lottery operatedby the state pursuant to the Kansas lottery act; or

      (2)   tribal gaming.

      (c)   "Consideration" means anything which isa commercial or financial advantage to the promoter or a disadvantage toany participant.

      Mere registration without purchase of goods or services; personalattendance at places or events, without payment of an admission price orfee; listening to or watching radio and television programs; answeringthe telephone or making a telephone call and acts of like nature are notconsideration.

      As used in this subsection, consideration does notinclude:

      (1)   Sums of money paid by or for participants in any bingo gamemanaged,operated or conducted in accordance with the laws of the state of Kansasby any bona fide nonprofit religious, charitable, fraternal, educationalor veteran organization licensed to manage, operate or conduct bingo gamesunder the laws of the state of Kansas and it shall be conclusively presumedthat such sumspaid by or for such participants were intended bysuch participants tobe for the benefit of the sponsoring organizations for the use of suchsponsoring organizations in furthering thepurposes of such sponsoring organizations, as set forth in the appropriateparagraphs of subsection (c) or (d) of section 501 of the internalrevenue code of 1986 and as set forth in K.S.A. 79-4701 andamendments thereto;

      (2)   sums of money paid by or for participants in any lotteryoperated by the state pursuant to the Kansas lottery act;

      (3)   sums of money paid by or for participants in any system ofparimutuel wagering managed, operated and conducted in accordance with theKansas parimutuel racing act; or

      (4)   sums of money paid by or for a person to participate in tribal gaming.

      (d) (1)   "Gambling device" means:

      (A)   Any so-called "slot machine" or any other machine, mechanical device,electronic device or other contrivancean essential part of which is a drum or reel with insignia thereon, and (i)which when operated may deliver, as the result of chance, any money orproperty, or (ii) by the operation of which a person maybecome entitled to receive, as the result of chance, any money or property;

      (B)   any other machine, mechanical device, electronic device or othercontrivance (including, but not limited to,roulette wheels and similar devices)which is equipped with or designed to accommodate the addition of a mechanismthat enables accumulated credits to be removed, is equipped with or designed toaccommodate a mechanism to recordthe number of credits removed or is otherwise designed, manufactured or alteredprimarily for use in connection with gambling, and (i) which when operated maydeliver, as the result of chance, any money or property,or (ii) by the operation of which a person may become entitled to receive, asthe result of chance, any money or property;

      (C)   any subassembly or essential part intended to be used in connection withany such machine, mechanical device, electronic device or other contrivance,but which is not attached to any such machine, mechanical device, electronicdevice or other contrivance as a constituent part; or

      (D)   any token, chip, paper,receipt or other document which evidences, purports to evidence or isdesigned to evidence participation in a lottery or the making of a bet.

      The fact that the prize is not automatically paid by the device does notaffect its character as a gambling device.

      (2)   Gambling device does not include:

      (A)   Any machine, mechanical device, electronic device or other contrivanceused or for use bya licensee of the Kansas racing commission as authorized by law and rules andregulations adopted by the commission or by the Kansas lottery or Kansaslottery retailers as authorized by law and rules and regulations adopted by theKansas lottery commission;

      (B)   any machine, mechanical device, electronic device or other contrivance,such as a coin-operated bowling alley,shuffleboard, marble machine (a so-called pinball machine), or mechanical gun,which is not designed and manufactured primarily for use in connection withgambling, and (i) which when operated does not deliver, as a result of chance,any money, or (ii) by the operation of which a person may not become entitledto receive,as the result of the application of an element of chance, any money;

      (C)   any so-called claw, crane, or digger machine and similar devices whichare designed andmanufactured primarily for use at carnivals or county or state fairs;or

      (D)   any machine, mechanical device, electronic device or other contrivanceused in tribal gaming.

      (e)   A "gambling place" is any place, room, building, vehicle,tentor location which is used for any of the following: Making and settlingbets; receiving, holding, recording or forwarding bets or offers to bet;conducting lotteries; or playing gambling devices. Evidence that theplace has a general reputation as a gambling place or that, at or aboutthe time in question, it was frequently visited by persons known to becommercial gamblers or known as frequenters of gambling places isadmissible on the issue of whether it is a gambling place.

      (f)   "Tribal gaming" has the meaning provided by K.S.A. 74-9802andamendments thereto.

      (g)   "Tribal gaming commission" has the meaning provided by K.S.A.74-9802 andamendments thereto.

      History:   L. 1969, ch. 180, § 21-4302; L. 1971, ch. 111, § 1;L. 1977, ch. 341, § 1;L. 1987, ch. 292, § 23; L. 1987, ch. 112, § 35;L. 1994, ch. 257, § 1;L. 1996, ch. 256, § 11; July 1.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter21 > Article43 > Statutes_12089

21-4302

Chapter 21.--CRIMES AND PUNISHMENTS
PART II.--PROHIBITED CONDUCT
Article 43.--CRIMES AGAINST THE PUBLIC MORALS

      21-4302.   Gambling; definitions.(a) "Bet" means abargain in which the parties agree that, dependent uponchance, one stands to win or lose something of value specified in theagreement. A bet does not include:

      (1)   Bona fide business transactions which are valid under thelaw ofcontracts including, but not limited to, contracts for the purchase orsale at a future date of securities or other commodities, and agreementsto compensation for loss caused by the happening of the chanceincluding, but not limited to, contracts of indemnity or guaranty andlife or health and accident insurance;

      (2)   offers of purses, prizes or premiums to the actualcontestantsin any bona fide contest for the determination of skill, speed,strength, or endurance or to the bona fide owners of animals or vehiclesentered in such a contest;

      (3)   a lottery as defined in this section;

      (4)   any bingo gameby or for participants managed, operated or conducted in accordancewith the laws of the state of Kansas by an organizationlicensed by the state of Kansas to manage, operate or conductgames of bingo;

      (5)   a lottery operated by the state pursuant to the Kansaslottery act;

      (6)   any system of parimutuel wagering managed, operated andconductedin accordance with the Kansas parimutuel racing act; or

      (7)   tribal gaming.

      (b)   "Lottery" means an enterprise wherein for aconsideration theparticipants are given an opportunity to win a prize, the award of whichis determined by chance. A lottery does not include:

      (1)   A lottery operatedby the state pursuant to the Kansas lottery act; or

      (2)   tribal gaming.

      (c)   "Consideration" means anything which isa commercial or financial advantage to the promoter or a disadvantage toany participant.

      Mere registration without purchase of goods or services; personalattendance at places or events, without payment of an admission price orfee; listening to or watching radio and television programs; answeringthe telephone or making a telephone call and acts of like nature are notconsideration.

      As used in this subsection, consideration does notinclude:

      (1)   Sums of money paid by or for participants in any bingo gamemanaged,operated or conducted in accordance with the laws of the state of Kansasby any bona fide nonprofit religious, charitable, fraternal, educationalor veteran organization licensed to manage, operate or conduct bingo gamesunder the laws of the state of Kansas and it shall be conclusively presumedthat such sumspaid by or for such participants were intended bysuch participants tobe for the benefit of the sponsoring organizations for the use of suchsponsoring organizations in furthering thepurposes of such sponsoring organizations, as set forth in the appropriateparagraphs of subsection (c) or (d) of section 501 of the internalrevenue code of 1986 and as set forth in K.S.A. 79-4701 andamendments thereto;

      (2)   sums of money paid by or for participants in any lotteryoperated by the state pursuant to the Kansas lottery act;

      (3)   sums of money paid by or for participants in any system ofparimutuel wagering managed, operated and conducted in accordance with theKansas parimutuel racing act; or

      (4)   sums of money paid by or for a person to participate in tribal gaming.

      (d) (1)   "Gambling device" means:

      (A)   Any so-called "slot machine" or any other machine, mechanical device,electronic device or other contrivancean essential part of which is a drum or reel with insignia thereon, and (i)which when operated may deliver, as the result of chance, any money orproperty, or (ii) by the operation of which a person maybecome entitled to receive, as the result of chance, any money or property;

      (B)   any other machine, mechanical device, electronic device or othercontrivance (including, but not limited to,roulette wheels and similar devices)which is equipped with or designed to accommodate the addition of a mechanismthat enables accumulated credits to be removed, is equipped with or designed toaccommodate a mechanism to recordthe number of credits removed or is otherwise designed, manufactured or alteredprimarily for use in connection with gambling, and (i) which when operated maydeliver, as the result of chance, any money or property,or (ii) by the operation of which a person may become entitled to receive, asthe result of chance, any money or property;

      (C)   any subassembly or essential part intended to be used in connection withany such machine, mechanical device, electronic device or other contrivance,but which is not attached to any such machine, mechanical device, electronicdevice or other contrivance as a constituent part; or

      (D)   any token, chip, paper,receipt or other document which evidences, purports to evidence or isdesigned to evidence participation in a lottery or the making of a bet.

      The fact that the prize is not automatically paid by the device does notaffect its character as a gambling device.

      (2)   Gambling device does not include:

      (A)   Any machine, mechanical device, electronic device or other contrivanceused or for use bya licensee of the Kansas racing commission as authorized by law and rules andregulations adopted by the commission or by the Kansas lottery or Kansaslottery retailers as authorized by law and rules and regulations adopted by theKansas lottery commission;

      (B)   any machine, mechanical device, electronic device or other contrivance,such as a coin-operated bowling alley,shuffleboard, marble machine (a so-called pinball machine), or mechanical gun,which is not designed and manufactured primarily for use in connection withgambling, and (i) which when operated does not deliver, as a result of chance,any money, or (ii) by the operation of which a person may not become entitledto receive,as the result of the application of an element of chance, any money;

      (C)   any so-called claw, crane, or digger machine and similar devices whichare designed andmanufactured primarily for use at carnivals or county or state fairs;or

      (D)   any machine, mechanical device, electronic device or other contrivanceused in tribal gaming.

      (e)   A "gambling place" is any place, room, building, vehicle,tentor location which is used for any of the following: Making and settlingbets; receiving, holding, recording or forwarding bets or offers to bet;conducting lotteries; or playing gambling devices. Evidence that theplace has a general reputation as a gambling place or that, at or aboutthe time in question, it was frequently visited by persons known to becommercial gamblers or known as frequenters of gambling places isadmissible on the issue of whether it is a gambling place.

      (f)   "Tribal gaming" has the meaning provided by K.S.A. 74-9802andamendments thereto.

      (g)   "Tribal gaming commission" has the meaning provided by K.S.A.74-9802 andamendments thereto.

      History:   L. 1969, ch. 180, § 21-4302; L. 1971, ch. 111, § 1;L. 1977, ch. 341, § 1;L. 1987, ch. 292, § 23; L. 1987, ch. 112, § 35;L. 1994, ch. 257, § 1;L. 1996, ch. 256, § 11; July 1.

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