§ 11-04-070. Gambling—Definitions.  


Latest version.
  • As used in this division:

    Bet means a bargain in which the parties agree that, dependent upon chance even though accompanied by some skill, one stands to win or lose anything of value specified in the agreement; provided that, a bet shall not include:

    (1)

    Bona fide business transactions which are valid under the law of contracts, including without limitation, contracts for the purchase or sale, at a future date, of securities or other commodities, and agreements to compensate for loss caused by the happenings of chance, including without limitation, contracts for indemnity or guaranty and life or health and accident insurance;

    (2)

    Offers of purses, prizes or premiums to the actual contestants in any bona fide contest for the determination of skill, speed, strength or endurance or to the bona fide owners of animals or vehicles entered in such contest;

    (3)

    A lottery as defined in this section; or

    (4)

    Betting otherwise permitted by law.

    Gambling device means a mechanical device which for a consideration affords the player an opportunity to obtain anything of value, the award of which is determined by chance even though accompanied by some skill, and whether or not the prize is automatically paid by the device.

    Gambling place means any building, tent, vehicle (whether self-propelled or not), or any room within any of them, a principal use of which is any of the following: Making and settling bets; receiving, holding, recording or forwarding bets or offers to bet; conducting lotteries; or playing gambling devices.

    Lottery means an enterprise wherein for a consideration the participants are given an opportunity to win a prize, the award of which is determined by chance even though accompanied by some skill. As used in this subsection, "consideration" means anything of monetary value required to be paid to the promoter in order to participate in such enterprise.

(Code 1960, § 6-4-3; Ord. No. 552, 1-11-77)

Cross reference

Rules of construction and definitions generally, § 1-01-020.