A. Person Commits Gambling: A person commits gambling when he:
1. Plays a game of chance or skill for money or other thing of value, unless excepted in subsection B of this section; or
2. Makes a wager upon the result of any game, contest, or any political nomination, appointment or election; or
3. Operates, keeps, owns, uses, purchases, exhibits, rents, sells, bargains for the sale or lease of, manufactures or distributes any gambling device; or
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 has received in the course of a bet or wager; or
5. Sells pools upon the result of any game or contest of skill or chance, political nomination, appointment or election; or
6. Sets up or promotes any lottery or sells, offers to sell or transfers any ticket to share for any lottery; or
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; or
8. Knowingly advertises any lottery or policy game or drafts, points or publishes any lottery ticket or share, device, or any advertisement of any lottery or policy game; or
9. Knowingly transmits information as to wagers, betting odds, or changes in betting odds by telephone, telegraph, radio, semaphore or similar means, or knowingly installs or maintains equipment for the transmission or receipt of such information, except that nothing in this subsection prohibits transmission or receipt of such information for use in news reporting of sporting events or contests.
B. Exceptions: Participants in any of the following activities shall not be convicted of gambling:
1. Agreements to compensate for loss caused by the happening of chance including, without limitation, contracts of indemnity or guaranty and life or health or accident insurance; and
2. Offers of prizes, award 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; and
3. Pari-mutuel betting or lottery or any game of chance as authorized by the law of this state; and
4. Manufacture of gambling devices, including the acquisition of essential parts therefor and the assembly thereof, for transportation in interstate or foreign commerce to any place outside this state when such transportation is not prohibited by any applicable federal law; and
5. The game commonly known as "bingo", when conducted in accordance with "an act making lawful the conducting of bingo by certain nonprofit organizations, requiring licensing and prescribing regulations therefor".
6. Raffles duly licensed by the village pursuant to title 3, chapter 16 of this code.
C. Definitions:
GAMBLING DEVICE: Any clock, tape machine, slot machine or other machine or device for the reception of money or other thing of value on chance or skill or upon the action of which money or other thing of value is staked, hazarded, bet, won or lost; or any mechanism, furniture, fixture, equipment or other device designed primarily for use in a gambling place. A gambling device does not include:
A coin in the slot operated mechanical device played for amusement which rewards the player with the right to replay such mechanical device, which device is so constructed or devised as to make such result of the operation thereof depend in part upon the skill of the player and which returns to the player thereof no money, property or right to receive money or property.
Vending machines by which full and adequate return is made for the money invested and in which there is no element of chance or hazard.
LOTTERY: Any scheme or procedure whereby one or more prizes are distributed by chance among persons who have paid or promised consideration for a chance to win such prizes, whether such scheme or procedure is called a lottery, raffle, gift, sale or some other name.
POLICY GAME: Any scheme or procedure whereby a person promises or guarantees by any instrument, bill, certificate, writing, token or other device that any particular number, character, ticket or certificate shall in the event of any contingency in the nature of a lottery entitle the purchaser or holder to receive money, property or evidence of debt.
D. Keeping A Gambling Place: A "gambling place" is any real estate, vehicle, boat, or any other property whatsoever used for the purposes of gambling. Any person who knowingly permits any premises or property owned or occupied by him or under his control to be used as a gambling place shall be guilty of the offense of keeping a gambling place.
Such premises is a public nuisance and may be proceeded against as such; and
All licenses, permits or certificates issued by the village of Lake Villa or any subdivision or public agency thereof authorizing the serving of food or liquor on such premises shall be void; and no license, permit or certificate so canceled shall be reissued for such premises for a period of sixty (60) days thereafter; nor shall any person convicted of keeping a gambling place be reissued such license for one year from his conviction and, after a second conviction of keeping a gambling place, any such person shall not be reissued such license; and
Such premises of any person who knowingly permits thereon a violation of any section of this chapter shall be held liable for, and may be sold to pay any unsatisfied judgment that may be recovered and any unsatisfied fine that may be levied under any section of this chapter. (Ord. 2007-09-01, 9-26-2007)