For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
- (a) A "gambling device" includes:
- (1) Any device, machine, paraphernalia, equipment or other thing, including books, records and other papers, which are actually used in an illegal operation or activity.
- (2) Any machine, apparatus, implement, instrument, contrivance, board or other thing, including but not limited to, those depending 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, so that, depending upon elements of chance, it may eject something of value or determine the prize or other thing of value to which the player is entitled; provided, that the return of the user of nothing more than additional chances or the right to use such machine is not deemed something of value with the meaning of this subparagraph; and provided further, that 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 within the meaning of the subparagraph.
- (b) 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 if, apart from their use or adaptability as such, they also sell or deliver something of value on the basis other than chance.
- ILLEGAL GAMBLING
- The making, placing or receipt of any bet or wager in the County 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 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 County, shall constitute illegal gambling.
- Includes any person, firm or association of persons who or which 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 gambles, 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 herself or another money or any other valuable thing, such person shall be fined no 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, such person shall be guilty of a Class I misdemeanor.
Any person, other than those 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.
A person is guilty of illegal possession of a gambling device when such person manufactures, sells, transports, rents, gives away, places or possesses, or conducts or negotiates any transaction affecting or designed to affect ownership, custody or use of, any gambling device, while believing or having reason to believe that such device is to be used in the advancement of any unlawful gambling activity. Illegal possession of a gambling device shall constitute a Class I 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 law-enforcement officer or which shall lawfully come into such officer's custody, shall be forfeited to the County 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 County and, by order, shall make such disposition of other property so forfeited as the court deems proper, including the award of such property to any County 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 County. 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 as 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 of more thereof, where no charge is made to, paid by, or any purchase required of him in connection therewith.
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.
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 such contestant 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 that there is no operator, as defined in § 12.5-1.
Nothing in this chapter shall apply to any bingo game or raffle conducted pursuant to and in accord with the provisions of §§ 18.2-340.1 through 12.2-340.12, Code of Virginia.
No witness, called by the County or by the court, giving evidence in any prosecution under this chapter, shall ever be prosecuted for the offense concerning which such witness testifies. Such witness shall be compelled to testify and for refusing to do so may be punished for contempt.