For the purposes of this chapter, the following words and phrases
shall have the meanings ascribed to them in this section:
Any device, machine, paraphernalia, equipment or other thing,
including books, records and other papers, which are actually used
in an illegal gambling operation or activity; and
Any machine, apparatus, implement, instrument, contrivance,
board or other thing, including but not limited to those dependent
upon the insertion of a coin or other object for their operation,
which operates, either completely automatically or with the aid of
some physical act by the player or operator, in such a manner that,
depending upon elements of chance, it may eject something of value
or determines the prize or other thing of value to which the player
is entitled; however, the return to the user of nothing more than
additional chances or the right to use such machine is not deemed
something of value; and further, machines that only sell, or entitle
the user to, items of merchandise of equivalent value that may differ
from each other in composition, size, shape or color, shall not be
deemed gambling devices.
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Such devices are no less gambling devices if they indicate beforehand
the definite result of one or more operations, but not all the operations;
nor are they any less gambling devices because, apart from their use
or adaptability as such, they may also sell or deliver something of
value on a basis other than chance.
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The making, placing or receipt of any bet or wager in this
City of money or other thing of value, made in exchange for a chance
to win a prize, stake or other consideration or thing of value, dependent
upon the result of any game, contest or any other event the outcome
of which is uncertain or a matter of chance, whether such game, contest
or event occurs or is to occur inside or outside the limits of this
City.
Any person who conducts, finances, manages, supervises, directs
or owns all or part of an illegal gambling enterprise, activity or
operation.
Except as otherwise provided in this chapter, any person who
illegally gambles shall be guilty of a Class 3 misdemeanor. If an
association or pool of persons illegally gamble, each person therein
shall be guilty of illegal gambling.
If any person, while gambling, cheats or by fraudulent means,
wins or acquires for himself or another money or any other valuable
thing, he shall be fined not less than five nor more than 10 times
the value of such winnings. This penalty shall be in addition to any
other penalty imposed under this chapter.
If the owner, lessee, tenant, occupant or other person in control
of any place or conveyance knows, or reasonably should know, that
it is being used for illegal gambling, and permits such gambling to
continue without having notified a law enforcement officer of the
presence of such illegal gambling activity, he shall be guilty of
a Class 1 misdemeanor.
Any person, other than those persons specified in other sections
of this chapter, who knowingly aids, abets or assists in the operation
of an illegal gambling activity shall be guilty of a Class 2 misdemeanor.
It shall be unlawful for any person to manufacture, sell, transport,
rent, give away, place or possess any gambling device, or conduct
or negotiate any transaction affecting or designed to affect ownership,
custody or use of any gambling device, believing or having reason
to believe that the same is to be used in the advancement of any illegal
gambling activity. A violation of any provision of this section shall
constitute a Class 1 misdemeanor.
All money, gambling devices, office equipment and other personal
property used in connection with an illegal gambling enterprise or
activity, and all money, stakes and things of value received or proposed
to be received by a winner in any illegal gambling transaction, which
are lawfully seized by any City police officer or which shall lawfully
come into his custody shall be forfeited to the City by order of the
court in which a conviction under this chapter is obtained. Such court
shall order all money so forfeited to be paid over to the City and,
by order, shall make such disposition of other property so forfeited
as the court deems proper, including award of such property to any
City or state agency or charitable organization for lawful purposes,
or in case of the sale thereof, the proceeds therefrom to be paid
over to the City. Such forfeiture shall not extinguish the rights
of any person without knowledge of the illegal use of such property
who is the lawful owner or who has a lien on the same which has been
perfected in the manner provided by law.
In any prosecution under this chapter, no consideration shall
be deemed to have passed or been given because of any person's
attendance upon the premises of another; his execution, mailing or
delivery of an entry blank; his answering of questions, verbally or
in writing; his witnessing of a demonstration or other proceeding;
or any one or more thereof, where no charge is made to, paid by, or
any purchase required of him in connection therewith.
(a)Â
Nothing in this chapter shall be construed to prevent any contest
of speed or skill between men, animals, fowl or vehicles, where participants
may receive prizes or different percentages of a purse, stake or premium
dependent upon whether they win or lose or dependent upon their position
or score at the end of such contest.
(b)Â
Any participant who, for the purpose of competing for any such purse,
stake or premium offered in any such contest, knowingly and fraudulently
enters any contestant, other than the contestant purported to be entered,
or knowingly and fraudulently enters a contestant in a class in which
he or it does not belong, shall be guilty of a Class 3 misdemeanor.
Nothing in this chapter shall be construed to make it illegal to participate in a game of chance conducted in a private residence, provided such private residence is not commonly used for such games of chance and there is no operator, as defined in § 12-1.
