Title 16, Chapter 12, Section 20
( 16-12-20)
As used in this part, the term: (1) "Bet" means an agreement that, dependent upon chance even
though accompanied by some skill, one stands to win or lose
something of value. A bet does not include: (A) Contracts of indemnity or guaranty or life, health,
property, or accident insurance; or (B) An offer of a prize, award, or compensation to the actual
contestants in any bona fide contest for the determination of
skill, speed, strength, or endurance or to the owners of
animals, vehicles, watercraft, or aircraft entered in such
contest. (2) "Gambling device" means: (A) Any contrivance which for a consideration affords the player
an opportunity to obtain money or other thing of value, the
award of which is determined by chance even though accompanied
by some skill, whether or not the prize is automatically paid by
contrivance; (B) Any slot machine or any simulation or variation thereof; (C) Any matchup or lineup game machine or device, operated for
any consideration, in which two or more numerals, symbols,
letters, or icons align in a winning combination on one or more
lines vertically, horizontally, diagonally, or otherwise,
without assistance by the player. Use of skill stops shall not
be considered assistance by the player; or (D) Any video game machine or device, operated for any
consideration, for the play of poker, blackjack, any other card
game, or keno or any simulation or variation of any of the
foregoing, including, but not limited to, any game in which
numerals, numbers, or any pictures, representations, or symbols
are used as an equivalent or substitute for cards in the conduct
of such game. Any item described in subparagraph (B), (C), or (D) of this
paragraph shall be a prohibited gambling device subject to and
prohibited by this part, notwithstanding any inference to the
contrary in any other law of this state. (3) "Gambling place" means any real estate, building, room, tent,
vehicle, boat, or other property whatsoever, one of the principal
uses of which is the making or settling of bets; the receiving,
holding, recording, or forwarding of bets or offers to bet; or the
conducting of a lottery or the playing of gambling devices. (4) "Lottery" means any scheme or procedure whereby one or more prizes are distributed by chance among persons who have paid or promised consideration for a chance to win such prize, whether such scheme or procedure is called a pool, lottery, raffle, gift, gift enterprise, sale, policy game, or by some other name. A lottery shall also include the organization of chain letter or pyramid clubs as provided in Code Section 16-12-38. A lottery shall not mean a: (A) Promotional giveaway or contest which conforms with the qualifications of a lawful promotion specified in paragraph (16) of subsection (b) of Code Section 10-1-393; (B) Scheme whereby a business gives away prizes to persons
selected by lot if such prizes are made on the following
conditions: (i) Such prizes are conducted as advertising and promotional
undertakings in good faith solely for the purpose of
advertising the goods, wares, and merchandise of such
business; and (ii) No person to be eligible to receive such prize shall be
required to: (I) Pay any tangible consideration to the operator of such
business in the form of money or other property or thing of
value; (II) Purchase any goods, wares, merchandise, or anything of
value from such business; or (III) Be present or be asked to participate in a seminar,
sales presentation, or any other presentation, by whatever
name denominated, in order to win such prizes; or (C) Raffle authorized under Code Section 16-12-22.1. |