11.10.030 Gambling – Professional gambling – Simulated gambling – Offenses.
A. It is a Class B municipal offense for any person to knowingly engage in gambling or professional gambling.
B. A person commits a Class B municipal offense of the unlawful offering of a simulated gambling device if the person offers, facilitates, contracts for, or otherwise makes available to or for members of the public or members of an organization or club any simulated gambling device where:
1. The person receives, directly or indirectly, a payment or transfer of consideration in connection with an entrant’s use of the simulated gambling device, admission to premises on which the simulated gambling device is located, or the purchase of any product or service associated with access to or use of the simulated gambling device, regardless of whether consideration in connection with such use, admission, or purchase is monetary or nonmonetary and regardless of whether it is paid or transferred before the simulated gambling device is used by an entrant; and
2. As a consequence of, in connection with, or after the play of the simulated gambling device, an award of a prize is expressly or implicitly made to a person using the device.
C. Subsection (B) of this section does not apply to the following:
1. The provision of internet or other online access, transmission, routing, storage, or other communication-related services or website design, development, storage, maintenance, billing, advertising, hypertext linking, transaction processing, or other site-related services by a telephone company, internet service provider, software developer or licensor, or other party providing similar services to customers in the normal course of its business except that this subsection does not exempt from criminal prosecution or civil liability a software developer, licensor, or other party whose primary purpose in providing such service is to support the offering of simulated gambling devices.
2. An owner, operator, employee, or customer of a simulated gambling device, or of a business offering simulated gambling devices, who:
a. Provides clear documentation that:
i. A lawful contract has been entered into for the sale or transfer of all simulated gambling devices connected with the activity to a person by whom, or into a jurisdiction where, the activity is lawful; and
ii. Consummates the contract by actually selling or transferring the simulated gambling devices within one hundred eighty (180) days after the contract was entered into or after any simulated gambling devices that were seized, confiscated, or forfeited by law enforcement authorities have been returned, whichever occurs later.
3. Purchase, sale, exchange, or other transaction related to stocks, bonds, futures, options, commodities, or other similar instruments or transactions occurring on a stock or commodities exchange, brokerage house, or similar entity.
4. Lawful sweepstakes, contests, and similar activities that are otherwise established under the laws of this State.
5. Conducting or assisting in the conduct of gaming, wagering activities and live or simulcast racing and pari-mutuel wagering activities otherwise authorized by Colorado law. (Ord. 200 §1, 1982; Amended Ord. 472 §8, 2003; Amended Ord. 713 §4, 2017; Amended Ord. 796 § 3, 2021)