State Codes and Statutes

Statutes > Wyoming > Title6 > Chapter7

CHAPTER 7 - OFFENSES AGAINST PUBLIC POLICY

 

ARTICLE 1 - GAMBLING

 

6-7-101. Definitions.

 

(a) As used in this article:

 

(i) "Calcutta wagering" means wagering on the outcomeof amateur contests, cutter horse racing, dog sled racing, professional rodeoevents or professional golf tournament in which those who wager bid at auctionfor the exclusive right to "purchase" or wager upon a particularcontestant or entrant in the event and when the outcome of the event has beendecided the total wagers comprising the pool, less a percentage"take-out" by the event's sponsor, is distributed to those who"purchased" or wagered upon the winning contestants or entrants;

 

(ii) "Gain" means the direct realization of winnings;

 

(iii) "Gambling" means risking any property for gaincontingent in whole or in part upon lot, chance, the operation of a gamblingdevice or the happening or outcome of an event, including a sporting event,over which the person taking a risk has no control, but does not include:

 

(A) Bona fide contests of skill, speed, strength or endurancein which awards are made only to entrants or the owners of entries;

 

(B) Bona fide business transactions which are valid under thelaw of contracts;

 

(C) Other acts or transactions now or hereafter expresslyauthorized by law;

 

(D) Bingo games conducted, or pull tabs sold, by charitable ornonprofit organizations where the tickets for the bingo are sold only in thisstate and the pull tabs are sold only on the premises owned or occupied by thecharitable or nonprofit organization provided that:

 

(I) Bingo games and pull tab games shall only be conducted bycharitable or nonprofit organizations, which have been in existence in thisstate for at least three (3) years;

 

(II) In conducting bingo games and pull tab games theorganization shall use only volunteers who are bona fide members of thecharitable or nonprofit organization or employees or contractors who are paidby the organization to assist in the operation of the game;

 

(III) Players of bingo games or pull tab games shall be eighteen(18) years or older;

 

(IV) At least sixty-five percent (65%) of all gross sales shallbe redeemed as winnings each month. The net proceeds after payment of winningsshall be restricted as follows:

 

(1) No more thanforty percent (40%) of net proceeds shall be paid to distributors ormanufacturers of supplies or equipment necessary to conduct the game; and

 

(2) Seventy-fivepercent (75%) of the net proceeds remaining after payment for all costs andsupplies shall be donated within one (1) year by the organization to a bonafide charitable or benevolent purpose.

 

(V) The charitable or nonprofit organization conducting thebingo game or pull tab game may purchase supplies or equipment necessary toconduct the game from a distributor or manufacturer at a price based on a percard or pull tab basis subject to the limitations provided in subdivision(D)(IV)(1) of this paragraph.

 

(E) Any game, wager or transaction which is incidental to abona fide social relationship, is participated in by natural persons only, andin which no person is participating, directly or indirectly, in professionalgambling; or

 

(F) Calcutta wagering on contests or events conducted by a bonafide nationally chartered veterans', religious, charitable, educational orfraternal organization or nonprofit local civic or service club organized orincorporated under the laws of this state, provided that:

 

(I) The contest or event is conducted solely in this state;

 

(II) Any rules affecting the contest or requirements forparticipants are clearly posted;

 

(III) The total prizes or prize money paid out in any one (1)contest or event does not exceed ninety percent (90%) of the total wagers;

 

(IV) A minimum of ten percent (10%) of the total wagers on eachcontest or event is donated within one (1) year by the sponsoring organizationto a bona fide charitable or benevolent purpose;

 

(V) No separate organization or professional person is employedto conduct the contest or event or assist therein;

 

(VI) The sponsoring organization before conducting the contestor event gives thirty (30) days written notice of the time and place thereof tothe governing body of the county or municipality in which it intends to conductthe contest or event and the governing body does not pass a resolutionobjecting thereto;

 

(VII) The sponsoring organization has complied with the relevantsections of the internal revenue code of 1954, as amended, relating to taxes onwagering.

 

(G) Display or private use of antique gambling devices in theowner's residence;

 

(H) Raffles conducted for charitable purposes.

 

(iv) "Gambling device" means any device, machine,paraphernalia or equipment except an antique gambling device that is used orusable in the playing phases of any professional gambling activity, whetherthat activity consists of gambling between persons or gambling by a personinvolving the playing of a machine;

 

(v) "Gambling premise" means any building, room,enclosure, vehicle, vessel or other place, whether open or enclosed, used orintended to be used for professional gambling. Any place where a gamblingdevice is found is presumed to be intended to be used for professional gambling;

 

(vi) "Gambling proceed" means all money or property atstake or displayed in or in connection with professional gambling;

 

(vii) "Gambling record" means any record, receipt,ticket, certificate, token, slip or notation given, made, used or intended tobe used in connection with professional gambling;

 

(viii) "Professional gambling" means:

 

(A) Aiding or inducing another to engage in gambling, with theintent to derive a profit therefrom; or

 

(B) Participating in gambling and having, other than by virtueof skill or luck, a lesser chance of losing or a greater chance of winning thanone (1) or more of the other participants.

 

(ix) "Profit" means benefit other than a gain, whichis realized or unrealized and direct, including benefits from unequal advantagein a series of transactions but does not include benefits of proprietorship ormanagement of a business wherein a game, wager or transaction described in W.S.6-7-101(a)(iii)(E) occurs;

 

(x) "Antique gambling device" means a mechanically orelectronically operated slot machine that is at least twenty-five (25) yearsold and used only for display or personal amusement in the owner's residence,in public and private museums, in possession of a dealer or distributor oflawful gaming equipment or displayed at state or local historic sites;

 

(xi) "Charitable or nonprofit organization" means anorganization recognized as a charitable or nonprofit organization under Wyomingstatutes and which possesses a valid exemption from federal income tax issuedby the Internal Revenue Service under the provisions of 26 U.S.C. 501(c);

 

(xii) Repealed By Laws 2007, Ch. 52, 1.

 

6-7-102. Gambling; professional gambling; penalties.

 

(a) A person who engages in gambling commits a misdemeanorpunishable by imprisonment for not more than six (6) months, a fine of not morethan seven hundred fifty dollars ($750.00), or both.

 

(b) A person who engages in professional gambling commits afelony punishable by imprisonment for not more than three (3) years, a fine ofnot more than three thousand dollars ($3,000.00), or both.

 

6-7-103. Gambling devices, gambling records, gambling proceedssubject to seizure; disposition thereof; antique gambling devices protected.

 

Allgambling devices, gambling records and gambling proceeds are subject to seizureby any peace officer and shall be disposed of in accordance with law. Anantique gambling device as defined by W.S. 6-7-101(a)(x) shall not be subjectto seizure unless it is used in any way in violation of this article.

 

6-7-104. Advertising of allowable gambling activities or events.

 

Nothingin this chapter prohibits the advertising of any gambling activity or eventexcluded from gambling under W.S. 6-7-101(a)(iii) and conducted by or for anycharitable or nonprofit organization or conducted as a promotional activity bya private business entity which is clearly occasional and ancillary to theprimary business of that entity.

 

State Codes and Statutes

Statutes > Wyoming > Title6 > Chapter7

CHAPTER 7 - OFFENSES AGAINST PUBLIC POLICY

 

ARTICLE 1 - GAMBLING

 

6-7-101. Definitions.

 

(a) As used in this article:

 

(i) "Calcutta wagering" means wagering on the outcomeof amateur contests, cutter horse racing, dog sled racing, professional rodeoevents or professional golf tournament in which those who wager bid at auctionfor the exclusive right to "purchase" or wager upon a particularcontestant or entrant in the event and when the outcome of the event has beendecided the total wagers comprising the pool, less a percentage"take-out" by the event's sponsor, is distributed to those who"purchased" or wagered upon the winning contestants or entrants;

 

(ii) "Gain" means the direct realization of winnings;

 

(iii) "Gambling" means risking any property for gaincontingent in whole or in part upon lot, chance, the operation of a gamblingdevice or the happening or outcome of an event, including a sporting event,over which the person taking a risk has no control, but does not include:

 

(A) Bona fide contests of skill, speed, strength or endurancein which awards are made only to entrants or the owners of entries;

 

(B) Bona fide business transactions which are valid under thelaw of contracts;

 

(C) Other acts or transactions now or hereafter expresslyauthorized by law;

 

(D) Bingo games conducted, or pull tabs sold, by charitable ornonprofit organizations where the tickets for the bingo are sold only in thisstate and the pull tabs are sold only on the premises owned or occupied by thecharitable or nonprofit organization provided that:

 

(I) Bingo games and pull tab games shall only be conducted bycharitable or nonprofit organizations, which have been in existence in thisstate for at least three (3) years;

 

(II) In conducting bingo games and pull tab games theorganization shall use only volunteers who are bona fide members of thecharitable or nonprofit organization or employees or contractors who are paidby the organization to assist in the operation of the game;

 

(III) Players of bingo games or pull tab games shall be eighteen(18) years or older;

 

(IV) At least sixty-five percent (65%) of all gross sales shallbe redeemed as winnings each month. The net proceeds after payment of winningsshall be restricted as follows:

 

(1) No more thanforty percent (40%) of net proceeds shall be paid to distributors ormanufacturers of supplies or equipment necessary to conduct the game; and

 

(2) Seventy-fivepercent (75%) of the net proceeds remaining after payment for all costs andsupplies shall be donated within one (1) year by the organization to a bonafide charitable or benevolent purpose.

 

(V) The charitable or nonprofit organization conducting thebingo game or pull tab game may purchase supplies or equipment necessary toconduct the game from a distributor or manufacturer at a price based on a percard or pull tab basis subject to the limitations provided in subdivision(D)(IV)(1) of this paragraph.

 

(E) Any game, wager or transaction which is incidental to abona fide social relationship, is participated in by natural persons only, andin which no person is participating, directly or indirectly, in professionalgambling; or

 

(F) Calcutta wagering on contests or events conducted by a bonafide nationally chartered veterans', religious, charitable, educational orfraternal organization or nonprofit local civic or service club organized orincorporated under the laws of this state, provided that:

 

(I) The contest or event is conducted solely in this state;

 

(II) Any rules affecting the contest or requirements forparticipants are clearly posted;

 

(III) The total prizes or prize money paid out in any one (1)contest or event does not exceed ninety percent (90%) of the total wagers;

 

(IV) A minimum of ten percent (10%) of the total wagers on eachcontest or event is donated within one (1) year by the sponsoring organizationto a bona fide charitable or benevolent purpose;

 

(V) No separate organization or professional person is employedto conduct the contest or event or assist therein;

 

(VI) The sponsoring organization before conducting the contestor event gives thirty (30) days written notice of the time and place thereof tothe governing body of the county or municipality in which it intends to conductthe contest or event and the governing body does not pass a resolutionobjecting thereto;

 

(VII) The sponsoring organization has complied with the relevantsections of the internal revenue code of 1954, as amended, relating to taxes onwagering.

 

(G) Display or private use of antique gambling devices in theowner's residence;

 

(H) Raffles conducted for charitable purposes.

 

(iv) "Gambling device" means any device, machine,paraphernalia or equipment except an antique gambling device that is used orusable in the playing phases of any professional gambling activity, whetherthat activity consists of gambling between persons or gambling by a personinvolving the playing of a machine;

 

(v) "Gambling premise" means any building, room,enclosure, vehicle, vessel or other place, whether open or enclosed, used orintended to be used for professional gambling. Any place where a gamblingdevice is found is presumed to be intended to be used for professional gambling;

 

(vi) "Gambling proceed" means all money or property atstake or displayed in or in connection with professional gambling;

 

(vii) "Gambling record" means any record, receipt,ticket, certificate, token, slip or notation given, made, used or intended tobe used in connection with professional gambling;

 

(viii) "Professional gambling" means:

 

(A) Aiding or inducing another to engage in gambling, with theintent to derive a profit therefrom; or

 

(B) Participating in gambling and having, other than by virtueof skill or luck, a lesser chance of losing or a greater chance of winning thanone (1) or more of the other participants.

 

(ix) "Profit" means benefit other than a gain, whichis realized or unrealized and direct, including benefits from unequal advantagein a series of transactions but does not include benefits of proprietorship ormanagement of a business wherein a game, wager or transaction described in W.S.6-7-101(a)(iii)(E) occurs;

 

(x) "Antique gambling device" means a mechanically orelectronically operated slot machine that is at least twenty-five (25) yearsold and used only for display or personal amusement in the owner's residence,in public and private museums, in possession of a dealer or distributor oflawful gaming equipment or displayed at state or local historic sites;

 

(xi) "Charitable or nonprofit organization" means anorganization recognized as a charitable or nonprofit organization under Wyomingstatutes and which possesses a valid exemption from federal income tax issuedby the Internal Revenue Service under the provisions of 26 U.S.C. 501(c);

 

(xii) Repealed By Laws 2007, Ch. 52, 1.

 

6-7-102. Gambling; professional gambling; penalties.

 

(a) A person who engages in gambling commits a misdemeanorpunishable by imprisonment for not more than six (6) months, a fine of not morethan seven hundred fifty dollars ($750.00), or both.

 

(b) A person who engages in professional gambling commits afelony punishable by imprisonment for not more than three (3) years, a fine ofnot more than three thousand dollars ($3,000.00), or both.

 

6-7-103. Gambling devices, gambling records, gambling proceedssubject to seizure; disposition thereof; antique gambling devices protected.

 

Allgambling devices, gambling records and gambling proceeds are subject to seizureby any peace officer and shall be disposed of in accordance with law. Anantique gambling device as defined by W.S. 6-7-101(a)(x) shall not be subjectto seizure unless it is used in any way in violation of this article.

 

6-7-104. Advertising of allowable gambling activities or events.

 

Nothingin this chapter prohibits the advertising of any gambling activity or eventexcluded from gambling under W.S. 6-7-101(a)(iii) and conducted by or for anycharitable or nonprofit organization or conducted as a promotional activity bya private business entity which is clearly occasional and ancillary to theprimary business of that entity.

 


State Codes and Statutes

State Codes and Statutes

Statutes > Wyoming > Title6 > Chapter7

CHAPTER 7 - OFFENSES AGAINST PUBLIC POLICY

 

ARTICLE 1 - GAMBLING

 

6-7-101. Definitions.

 

(a) As used in this article:

 

(i) "Calcutta wagering" means wagering on the outcomeof amateur contests, cutter horse racing, dog sled racing, professional rodeoevents or professional golf tournament in which those who wager bid at auctionfor the exclusive right to "purchase" or wager upon a particularcontestant or entrant in the event and when the outcome of the event has beendecided the total wagers comprising the pool, less a percentage"take-out" by the event's sponsor, is distributed to those who"purchased" or wagered upon the winning contestants or entrants;

 

(ii) "Gain" means the direct realization of winnings;

 

(iii) "Gambling" means risking any property for gaincontingent in whole or in part upon lot, chance, the operation of a gamblingdevice or the happening or outcome of an event, including a sporting event,over which the person taking a risk has no control, but does not include:

 

(A) Bona fide contests of skill, speed, strength or endurancein which awards are made only to entrants or the owners of entries;

 

(B) Bona fide business transactions which are valid under thelaw of contracts;

 

(C) Other acts or transactions now or hereafter expresslyauthorized by law;

 

(D) Bingo games conducted, or pull tabs sold, by charitable ornonprofit organizations where the tickets for the bingo are sold only in thisstate and the pull tabs are sold only on the premises owned or occupied by thecharitable or nonprofit organization provided that:

 

(I) Bingo games and pull tab games shall only be conducted bycharitable or nonprofit organizations, which have been in existence in thisstate for at least three (3) years;

 

(II) In conducting bingo games and pull tab games theorganization shall use only volunteers who are bona fide members of thecharitable or nonprofit organization or employees or contractors who are paidby the organization to assist in the operation of the game;

 

(III) Players of bingo games or pull tab games shall be eighteen(18) years or older;

 

(IV) At least sixty-five percent (65%) of all gross sales shallbe redeemed as winnings each month. The net proceeds after payment of winningsshall be restricted as follows:

 

(1) No more thanforty percent (40%) of net proceeds shall be paid to distributors ormanufacturers of supplies or equipment necessary to conduct the game; and

 

(2) Seventy-fivepercent (75%) of the net proceeds remaining after payment for all costs andsupplies shall be donated within one (1) year by the organization to a bonafide charitable or benevolent purpose.

 

(V) The charitable or nonprofit organization conducting thebingo game or pull tab game may purchase supplies or equipment necessary toconduct the game from a distributor or manufacturer at a price based on a percard or pull tab basis subject to the limitations provided in subdivision(D)(IV)(1) of this paragraph.

 

(E) Any game, wager or transaction which is incidental to abona fide social relationship, is participated in by natural persons only, andin which no person is participating, directly or indirectly, in professionalgambling; or

 

(F) Calcutta wagering on contests or events conducted by a bonafide nationally chartered veterans', religious, charitable, educational orfraternal organization or nonprofit local civic or service club organized orincorporated under the laws of this state, provided that:

 

(I) The contest or event is conducted solely in this state;

 

(II) Any rules affecting the contest or requirements forparticipants are clearly posted;

 

(III) The total prizes or prize money paid out in any one (1)contest or event does not exceed ninety percent (90%) of the total wagers;

 

(IV) A minimum of ten percent (10%) of the total wagers on eachcontest or event is donated within one (1) year by the sponsoring organizationto a bona fide charitable or benevolent purpose;

 

(V) No separate organization or professional person is employedto conduct the contest or event or assist therein;

 

(VI) The sponsoring organization before conducting the contestor event gives thirty (30) days written notice of the time and place thereof tothe governing body of the county or municipality in which it intends to conductthe contest or event and the governing body does not pass a resolutionobjecting thereto;

 

(VII) The sponsoring organization has complied with the relevantsections of the internal revenue code of 1954, as amended, relating to taxes onwagering.

 

(G) Display or private use of antique gambling devices in theowner's residence;

 

(H) Raffles conducted for charitable purposes.

 

(iv) "Gambling device" means any device, machine,paraphernalia or equipment except an antique gambling device that is used orusable in the playing phases of any professional gambling activity, whetherthat activity consists of gambling between persons or gambling by a personinvolving the playing of a machine;

 

(v) "Gambling premise" means any building, room,enclosure, vehicle, vessel or other place, whether open or enclosed, used orintended to be used for professional gambling. Any place where a gamblingdevice is found is presumed to be intended to be used for professional gambling;

 

(vi) "Gambling proceed" means all money or property atstake or displayed in or in connection with professional gambling;

 

(vii) "Gambling record" means any record, receipt,ticket, certificate, token, slip or notation given, made, used or intended tobe used in connection with professional gambling;

 

(viii) "Professional gambling" means:

 

(A) Aiding or inducing another to engage in gambling, with theintent to derive a profit therefrom; or

 

(B) Participating in gambling and having, other than by virtueof skill or luck, a lesser chance of losing or a greater chance of winning thanone (1) or more of the other participants.

 

(ix) "Profit" means benefit other than a gain, whichis realized or unrealized and direct, including benefits from unequal advantagein a series of transactions but does not include benefits of proprietorship ormanagement of a business wherein a game, wager or transaction described in W.S.6-7-101(a)(iii)(E) occurs;

 

(x) "Antique gambling device" means a mechanically orelectronically operated slot machine that is at least twenty-five (25) yearsold and used only for display or personal amusement in the owner's residence,in public and private museums, in possession of a dealer or distributor oflawful gaming equipment or displayed at state or local historic sites;

 

(xi) "Charitable or nonprofit organization" means anorganization recognized as a charitable or nonprofit organization under Wyomingstatutes and which possesses a valid exemption from federal income tax issuedby the Internal Revenue Service under the provisions of 26 U.S.C. 501(c);

 

(xii) Repealed By Laws 2007, Ch. 52, 1.

 

6-7-102. Gambling; professional gambling; penalties.

 

(a) A person who engages in gambling commits a misdemeanorpunishable by imprisonment for not more than six (6) months, a fine of not morethan seven hundred fifty dollars ($750.00), or both.

 

(b) A person who engages in professional gambling commits afelony punishable by imprisonment for not more than three (3) years, a fine ofnot more than three thousand dollars ($3,000.00), or both.

 

6-7-103. Gambling devices, gambling records, gambling proceedssubject to seizure; disposition thereof; antique gambling devices protected.

 

Allgambling devices, gambling records and gambling proceeds are subject to seizureby any peace officer and shall be disposed of in accordance with law. Anantique gambling device as defined by W.S. 6-7-101(a)(x) shall not be subjectto seizure unless it is used in any way in violation of this article.

 

6-7-104. Advertising of allowable gambling activities or events.

 

Nothingin this chapter prohibits the advertising of any gambling activity or eventexcluded from gambling under W.S. 6-7-101(a)(iii) and conducted by or for anycharitable or nonprofit organization or conducted as a promotional activity bya private business entity which is clearly occasional and ancillary to theprimary business of that entity.

 

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