A. Enumerated: A person commits the offense of gambling when he or she:
1. Plays a game of chance or skill for money or other thing of value, unless excepted in subsection B of this section;
2. Makes a wager upon the result of any game, contest, or any political nomination, appointment or election; (Ord. 2005-54)
3. Operates, keeps, owns, uses, purchases, exhibits, rents, sells, bargains for the sale or lease of, manufactures or distributes any gambling device, with the exception of video gaming terminals as allowed under section 5-6-2 of this code; (Ord. 2012-34)
4. Knowingly owns or possesses any book, instrument or apparatus by means of which bets or wagers have been, or are, recorded or registered, or knowingly possesses any money which he or she has received in the course of a bet or wager;
5. Sells pools upon the result of any game or contest of skill or chance, political nomination, appointment or election;
6. Sets up or promotes any lottery or sells, offers to sell or transfers any ticket or share for any lottery;
7. Sets up or promotes any policy game or sells, offers to sell or knowingly possesses or transfers any policy ticket, slip, record, document or other similar device;
8. Knowingly drafts, prints or publishes any lottery ticket or share, or any policy ticket, slip, record, document or similar device, except for such activity related to lotteries, bingo games and raffles authorized by and conducted in accordance with the laws of Illinois or any other state;
9. Knowingly advertises any lottery or policy game, except for such activity related to lotteries, bingo games and raffles authorized by and conducted in accordance with the laws of Illinois or any other state;
10. Knowingly establishes, maintains, or operates an internet site that permits a person to play a game of chance or skill for money or other thing of value by means of the internet or to make a wager upon the result of any game, contest, political nomination, appointment, or election by means of the internet.
B. Exceptions: Participants in any of the following activities shall not be convicted of gambling:
1. Offers of prizes, awards 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 or vehicles entered in such contest;
2. Pari-mutuel betting as authorized by the law of the state of Illinois;
3. The game commonly known as "bingo", when conducted in accordance with the bingo license and tax act;
4. Lotteries when conducted by the state of Illinois in accordance with the Illinois lottery law;
5. Possession of an antique slot machine that is neither used nor intended to be used in the operation or promotion of any unlawful gambling activity or enterprise. For the purpose of this subsection, an antique slot machine is one manufactured twenty five (25) years ago or earlier;
6. Raffles when conducted in accordance with the raffles act;
7. Charitable games when conducted in accordance with the charitable games act;
8. Pull tabs and jar games when conducted under the Illinois pull tabs and jar games act.
C. Circumstantial Evidence: In prosecutions under this section, circumstantial evidence shall have the same validity and weight as in any criminal prosecution.
D. Keeping Gambling Place: A "gambling place" is any real estate, vehicle, boat or any other property whatsoever used for the purpose of gambling. Any person who knowingly permits any premises or property owned or occupied by him or her or under his or her control to be used as a gambling place commits the offense of keeping a gambling place.
When any premises is determined by the circuit court to be a gambling place:
1. The premises are a public nuisance and may be proceeded against as such;
2. All licenses, permits or certificates issued by the city authorizing the serving of food or liquor on those premises shall be void; and no license, permit, or certificate so canceled shall be reissued for those premises for a period of sixty (60) days thereafter; nor shall any person convicted of keeping a gambling place be reissued a license for one year from their conviction and, after a second conviction of keeping a gambling place, that person shall not be reissued a license; and
3. The premises of any person who knowingly permits thereon a violation of this subsection shall be held liable for, and may be sold to pay any unsatisfied debt of judgment that may be recovered and any unsatisfied fine that may be levied under this section. (Ord. 2005-54)