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7 LONG TITLE
8 General Description:
9 This bill modifies the Criminal Code regarding gambling offenses.
10 Highlighted Provisions:
11 This bill:
12 . includes the offense of "fringe gambling" as a criminal gambling offense; and
13 . provides definitions.
14 Monies Appropriated in this Bill:
16 Other Special Clauses:
18 Utah Code Sections Affected:
20 76-10-1101, as last amended by Laws of Utah 1998, Chapter 127
22 Be it enacted by the Legislature of the state of Utah:
23 Section 1. Section 76-10-1101 is amended to read:
24 76-10-1101. Definitions.
26 (1) "Anything of value" includes inconvenience, effort, time, cost of mailing, and
27 transportation expenses.
28 (2) (a) "Fringe gambling" means any gambling, lottery, or video gaming device which
30 (i) given, conducted, or offered for use or sale by a business in exchange for anything
31 of value; or
32 (ii) given away incident to the purchase of other goods or services.
33 (b) "Fringe gambling" does not include a gambling, lottery, video gaming device, or
34 other promotional activity which is clearly occasional and ancillary to the primary activity of
35 the business.
37 anything of value upon the outcome of a contest, game, gaming scheme, or gaming device
38 when the return or outcome:
39 (i) is based upon an element of chance; and
40 (ii) is in accord with an agreement or understanding that someone will receive
41 something of value in the event of a certain outcome[
42 (b) "Gambling" includes a lottery[
43 (c) "Gambling" does not include:
46 right of replay not exchangeable for value.
50 gambling or used primarily for gambling.
53 chance among persons who have paid or promised to pay any valuable consideration for the
54 chance of obtaining property, or portion of it, or for any share or any interest in property, upon
55 any agreement, understanding, or expectation that it is to be distributed or disposed of by lot or
56 chance, whether called a lottery, raffle, or gift enterprise, or by whatever name it [
60 (a) a video display and computer mechanism for playing a game;
61 (b) the length of play of any single game is not substantially affected by the skill,
62 knowledge, or dexterity of the player;
63 (c) a meter, tracking, or recording mechanism that records or tracks any money, tokens,
64 games, or credits accumulated or remaining;
65 (d) a play option that permits a player to spend or risk varying amounts of money,
66 tokens, or credits during a single game, in which the spending or risking of a greater amount of
67 money, tokens, or credits:
68 (i) does not significantly extend the length of play time of any single game; and
69 (ii) provides for a chance of greater return of credits, games, or money; and
70 (e) an operating mechanism that requires inserting money, tokens, or other valuable
71 consideration in order to function.
72 (9) Any gambling, lottery, video gaming device, or promotional game of chance which
73 is made available to the public for a period of more than 90 days within a one-year period is
74 fringe gambling.
Legislative Review Note
as of 2-3-09 2:53 PM