(A) For purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ELECTRONIC MACHINE OR DEVICE. A mechanically, electrically or electronically operated machine or device, that is owned, leased or otherwise possessed by a sweepstakes sponsor or promoter, or any of the sweepstakes sponsor’s or promoter’s partners, affiliates, subsidiaries or contractors, that is intended to be used by a sweepstakes entrant, that uses energy, and that is capable of displaying information on a screen or other mechanism.
ENTER OR ENTRY. The act or process by which a person becomes eligible to receive any prize offered in a sweepstakes.
ENTERTAINMENT DISPLAY. Visual information capable of being seen by a sweepstakes entrant that takes the form of actual game play or simulated game play of games, 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 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.
PRIZE. Any gift, award, gratuity, good, service, credit, 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.
SWEEPSTAKES. 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) It shall be unlawful for any person to operate, or place into operation, an electronic machine or device for the following purposes:
(1) To conduct a sweepstakes through the use of an entertainment 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 entertainment display, including the entry process or the reveal of a prize.
(C) Nothing in this section shall prohibit duly licensed video gaming terminals as authorized by state law and by this chapter and other applicable sections of this Code.
(D) It is the intent of this section to prohibit any mechanism that seeks to avoid application of this section through the use of subterfuge or pretense whatsoever.
(Ord. CO-2024-06, passed 2-6-2024)