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As used in this chapter, unless the context otherwise requires:

“Electronic gaming machine” means an electrically or electronically operated machine or device that is used by a sweepstakes entrant and that displays the results of a game entry or game outcome to a participant on a screen or other mechanism at a business location, including a private club, that is owned, leased, or otherwise possessed, in whole or in part, by a person conducting the sweepstakes or by that person’s partners, affiliates, subsidiaries, agents, or contractors. The term includes a machine or device that:

1. Uses a simulated game terminal as a representation of the prizes associated with the results of the sweepstakes entries;

2. Uses software that simulates a game that influences or determines the winning or value of the prize, or appears to influence or determine the winning or value of the prize;

3. Selects prizes from a predetermined, finite pool of entries;

4. Uses a mechanism that reveals the content of a predetermined sweepstakes entry;

5. Predetermines the prize results and stores those results for delivery when the sweepstakes entry is revealed;

6. Uses software to create a game result;

7. Requires a deposit of any currency or token or the use of any credit card, debit card, prepaid card, or other method of payment to activate the machine or device;

8. Requires direct payment into the machine or device or remote activation of the machine or device upon payment to the person offering the sweepstakes game;

9. Requires the purchase of a related product at additional cost in order to participate in the sweepstakes game or makes a related product available for no cost but under restrictive conditions;

10. Reveals a sweepstakes prize incrementally even though the progress of the images on the screen does not influence whether a prize is awarded or the value of any prize awarded; or

11. Determines and associates the prize with an entry or entries at the time the sweepstakes is entered.

“Enter” or “entry” means the act or process by which a person becomes eligible to receive a prize offered in a sweepstakes.

“Entrant” means a person who is or seeks to become eligible to receive a prize offered in a sweepstakes.

“Gain” means the direct realization of winnings; “profit” means any other realized or unrealized benefit, direct or indirect, including without limitation benefits from proprietorship, management or unequal advantage in a series of transactions.

“Gambling” means risking any money, credit, deposit or other thing of value for gain contingent in whole or in part upon lot, chance, the operation of a gambling device or the happening or outcome of an event, including a sporting event, over which the person taking a risk has no control, but does not include:

1. Bona fide contests of skill, speed, strength or endurance in which awards are made only to entrants or the owners of entries;

2. Bona fide business transactions which are valid under the law;

3. Other acts or transactions now or hereafter expressly authorized by law;

4. Any game, wager or transaction which is incidental to a bona fide social relationship, is participated in by natural persons only, and in which no person is participating, directly or indirectly, in professional gambling;

5. Gambling conducted by an organization pursuant to the provisions of “Bingo and Raffles Law,” Part 6 of 21 C.R.S. 24, or participation in the Colorado lottery, as authorized by law;

6. Any use of or transaction involving a crane game, as defined in § 44-30-103(9), C.R.S.; or

7. Sports betting conducted in accordance with Part 15 of 30 C.R.S. 44, and applicable rules of the State of Colorado Limited Gaming Control Commission.

“Gambling device” means any device, machine, paraphernalia or equipment that is used or usable in the playing phases of any professional or simulated gambling activity, whether that activity consists of gambling between persons or gambling by a person involving the playing of a machine; except that the term does not include a crane game, as defined in § 44-30-103(9), C.R.S.

“Gambling information” means a communication with respect to any wager made in the course of, and any information intended to be used for, professional gambling. In the application of this definition, the following shall be presumed to be intended for use in professional gambling: information as to wagers, betting odds or changes in betting odds. Legitimate news reporting of an event for public dissemination is not gambling information within the meaning of this chapter.

“Gambling premises” means any building, room, enclosure, vehicle, vessel or other place, whether open or enclosed, used or intended to be used for professional gambling. In the application of this definition, any place where a gambling device is found is presumed to be intended to be used for professional gambling.

“Gambling proceeds” means all money or other things of value at stake or displayed in or in connection with professional gambling.

“Gambling record” means any record, receipt, ticket, certificate, token, slip or notation given, made, used or intended to be used in connection with professional gambling.

“Prize” means a gift, award, gratuity, good, service, credit, or anything of value, including a thing of value for a “gain” as defined in this section, that may be transferred to an entrant, whether or not possession of the prize is actually transferred or placed on an account or other record as evidence of the intent to transfer the prize.

1. “Prize” does not include:

a. Free or additional play;

b. Any intangible or virtual award that cannot be converted into money, goods, or services; or

c. A paper or electronic coupon, whether issued to a player as a single ticket or token or as multiple tickets or tokens, that is won in return for a single play of a device; has a value that does not exceed the equivalent of twenty-five dollars ($25.00); cannot be exchanged or returned for money, monetary credits, or any financial consideration; and cannot be used to acquire or be exchanged for any product that is, contains, or can be used as a constituent part of or accessory for:

i. Alcohol beverages;

ii. Tobacco, tobacco products, marijuana, or smoking; or

iii. Firearms or ammunition.

“Professional gambling” means:

1. Aiding or inducing another to engage in gambling, with the intent to derive a profit therefrom; or

2. Participating in gambling and having, other than by virtue of skill or luck, a lesser chance of losing or a greater chance of winning than one (1) or more of the other participants.

“Simulated gambling device” means a mechanically or electronically operated machine, network, system, program, or device that is used by an entrant and that displays simulated gambling displays on a screen or other mechanism at a business location, including a private club, that is owned, leased, or otherwise possessed, in whole or in part, by a person conducting the game or by that person’s partners, affiliates, subsidiaries, agents, or contractors; except that the term does not include bona fide amusement devices, as authorized in § 44-3-103(47), C.R.S., that pay nothing of value, cannot be adjusted to pay anything of value, and are not used for gambling.

1. “Simulated gambling device” includes:

a. A video poker game or any other kind of video card game;

b. A video bingo game;

c. A video craps game;

d. A video keno game;

e. A video lotto game;

f. A video roulette game;

g. A pot-of-gold;

h. An eight-liner;

i. A video game based on or involving the random or chance matching of different pictures, words, numbers, or symbols;

j. An electronic gaming machine, including a personal computer of any size or configuration that performs any of the functions of an electronic gaming machine;

k. A slot machine, where results are determined by reason of the skill of the player or the application of the element of chance, or both, as provided by Section 9 (4)(c) of Article XVIII of the Colorado Constitution; and

l. A device that functions as, or simulates the play of, a slot machine, where results are determined by reason of the skill of the player or the application of the element of chance, or both, as provided by Section 9 (4)(c) of Article XVIII of the Colorado Constitution.

2. “Simulated gambling device” does not include any pari-mutuel totalisator equipment that is used for pari-mutuel wagering on live or simulcast racing events and that has been approved by the Director of the Division of Racing Events for entities authorized and licensed under 32 C.R.S. 44.

“Sweepstakes” means any game, advertising scheme or plan, or other promotion that, with or without payment of any consideration, allows a person to enter to win or become eligible to receive a prize.

“Vintage slot machine” means any model slot machine, as defined in § 44-30-103(30), C.R.S., that was introduced on the market prior to January 1, 1984. (Ord. 200 §1, 1982; Amended Ord. 472 §8, 2003; Amended Ord. 796 § 2, 2021)