(A) Definitions: For purposes of this section, the following terms shall be defined as follows:
ELECTRONIC PRODUCT PROMOTIONAL KIOSK and ELECTRONIC SWEEPSTAKES MACHINE OR DEVICE. Means a mechanically, electrically, or electronically operated machine or device that is intended to be used by a sweepstakes entrant, and that is capable of displaying information on a screen or other mechanism. The electronic product promotional kiosk or electronic sweepstakes machine or device may be a stand-alone or table-top device which typically features buttons, a touch screen, a dollar bill and/or coin acceptor, or may be utilized for no consideration (e.g., free entry). Any such device is considered an electronic product promotional kiosk or electronic sweepstakes machine or device regardless of whether a coupon for a product or service is provided in exchange for a payment or no consideration is required (e.g., free entry).
ENTERTAINING DISPLAY. Means visual information capable of being seen by a sweepstakes entrant that takes the form of actual game play or simulated game play including, but not limited to a poker game or any other kind of playing card game; a bingo game; a craps game; a keno game; a lotto game; an eight-liner game; a pot-of-gold game; a game based on or involving the random or chance matching of different pictures, words, numbers or symbols not dependent on the skill or dexterity of the player (a slots game); a casino or gambling game; and any other video game the outcome of which is not in whole or in part dependent on the skill or dexterity of the player that is played in the course of revealing a prize as a result of an entry into a sweepstakes.
ENTRY. Means the act or process by which a person becomes eligible to receive any prize offered in a sweepstakes.
PRIZE. Means any consideration, money, gift, award, gratuity, goods, service, credit, coupon or anything else of value, which may be transferred to a person, whether possession of the prize is actually transferred or placed on an account or other record as evidence of the intent to transfer the prize. The prize may be claimed, whether in the form of a printed ticket or otherwise, for cash or merchandise.
SWEEPSTAKES. Means any game, advertising scheme or plan, or other promotion which, with or without payment of any consideration, a person may enter to win or become eligible to receive any prize, the determination of which is based upon an element of chance.
(B) Prohibited: It shall be unlawful to own, lease, possess, operate, or place into operation an electronic product promotional kiosk or electronic sweepstakes machine or device in any location open to the public within the Village for the following purposes:
(1) To conduct a sweepstakes through the use of an entertaining display including the entry process or the reveal of a prize; or
(2) To promote a sweepstakes that is conducted through the use of an entertaining display including the entry process or the reveal of a prize.
(C) Video Gaming Terminals: Nothing contained in this section shall be construed as prohibiting duly licensed video gaming terminals as authorized by division 134.08(C) of this title.
(D) Penalty: Any violation of this section shall be subject to the penalties set forth in section 130.99 of this title. Each electronic product promotional kiosk or electronic sweepstakes machine or device found at a particular establishment and each day that a violation continues shall be a distinct and separate offense.
(Ord. 19-7-2138, passed 7-22-2019)