State Codes and Statutes

Statutes > Utah > Title-76 > Chapter-10 > 76-10-1101

76-10-1101. Definitions.
As used in this part:
(1) (a) "Fringe gambling" means any gambling, lottery, or video gaming device which is:
(i) given, conducted, or offered for use or sale by a business in exchange for anything ofvalue; or
(ii) given away incident to the purchase of other goods or services.
(b) "Fringe gambling" does not include a gambling, lottery, video gaming device, orother promotional activity which is clearly occasional and ancillary to the primary activity of thebusiness.
(2) (a) "Gambling" means risking anything of value for a return or risking anything ofvalue upon the outcome of a contest, game, gaming scheme, or gaming device when the return oroutcome:
(i) is based upon an element of chance; and
(ii) is in accord with an agreement or understanding that someone will receive somethingof value in the event of a certain outcome.
(b) "Gambling" includes a lottery and fringe gambling.
(c) "Gambling" does not include:
(i) a lawful business transaction; or
(ii) playing an amusement device that confers only an immediate and unrecorded right ofreplay not exchangeable for value.
(3) "Gambling bet" means money, checks, credit, or any other representation of value.
(4) "Gambling device or record" means anything specifically designed for use ingambling or used primarily for gambling.
(5) "Gambling proceeds" means anything of value used in gambling.
(6) "Lottery" means any scheme for the disposal or distribution of property by chanceamong persons who have paid or promised to pay any valuable consideration for the chance ofobtaining property, or portion of it, or for any share or any interest in property, upon anyagreement, understanding, or expectation that it is to be distributed or disposed of by lot orchance, whether called a lottery, raffle, or gift enterprise, or by whatever name it is known.
(7) "Video gaming device" means any device that possesses all of the followingcharacteristics:
(a) a video display and computer mechanism for playing a game;
(b) the length of play of any single game is not substantially affected by the skill,knowledge, or dexterity of the player;
(c) a meter, tracking, or recording mechanism that records or tracks any money, tokens,games, or credits accumulated or remaining;
(d) a play option that permits a player to spend or risk varying amounts of money, tokens,or credits during a single game, in which the spending or risking of a greater amount of money,tokens, or credits:
(i) does not significantly extend the length of play time of any single game; and
(ii) provides for a chance of greater return of credits, games, or money; and
(e) an operating mechanism that requires inserting money, tokens, or other valuableconsideration in order to function.

Amended by Chapter 382, 2009 General Session