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For the purposes of this chapter the following words and phrases shall have the following meanings ascribed to them respectively.
GAMBLING DEVICE. Any clock, tape machine, slot machine, or other machines 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:
(1) A coin-in-the-slot operated mechanical device played for amusement which rewards the play 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.
(2) 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.
(3) A crane game. For the purpose of this division (3), a CRANE GAME is an amusement device involving skill, if it rewards the player exclusively with merchandise contained within the amusement device proper and limited to toys, novelties and prizes other than currency, each having a wholesale value which is not more than $25.
(4) A redemption machine. For the purposes of this division (4), a REDEMPTION MACHINE is a single-player or multi-player amusement device involving a game, the object of which is throwing, rolling, bowling, shooting, placing, or propelling a ball or other object into, upon, or against a hole or other target, provided that all of the following conditions are met:
(a) The outcome of the game is predominantly determined by the skill of the player.
(b) The award of the prize is based solely upon the player’s achieving the object of the game or otherwise upon the player’s score.
(c) Only merchandise prizes are awarded.
(d) The wholesale value of prizes awarded in lieu of tickets or tokens for single play of the device does not exceed $25.
(e) The redemption value of tickets, tokens, and other representatives of value, which may be accumulated by players to redeem prizes of greater value, does not exceed the amount charged for a single play of the device.
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.
(Am. Ord. 12-06, passed 6-18-12)
Statutory reference:
Definitions under state law, see 720 ILCS 5/28-2
(A) A person commits gambling when he:
(1) Plays a game of chance or skill for money or other thing of value, unless excepted in division (B);
(2) Makes a wager upon the result of any game, contest, or any political nomination, appointment or election;
(3) Operates, keeps, owns, uses, purchases, exhibits, rents, sells, bargains for the sale or lease of, manufactures, or distributes any gambling device;
(4) Contracts to have or give himself or another the option to buy or sell, or contracts to buy or sell, at a future time, any grain or other commodity whatsoever, or any stock or security of any company, where it is at the time of making such contract intended by both parties thereto that the contract to buy or sell, or the option, whenever exercised, or the contract resulting therefrom, shall be settled, not by the receipt or delivery of such property, but by the payment only of differences in prices thereof; however, the issuance, sale, purchase, exercise, endorsement or guarantee, by or through a person registered with the Secretary of State pursuant to Section 8 of the Illinois Securities Law of 1953, or by or through a person exempt from such registration under said Section 8, of a put, call, or other option to buy or sell securities which have been registered with the Secretary of State or which are exempt from such registration under Section 3 of the Illinois Securities Law of 1953 is not gambling within the meaning of this division (A)(4);
(5) 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 courses of a bet or wager;
(6) Sells pools upon the result of any game or contest of skill or chance, political nomination, appointment or election;
(7) Sets up or promotes any lottery or sells, offers to sell or transfers any ticket or share for any lottery;
(8) 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;
(9) Knowingly drafts, prints, or publishes any lottery ticker 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 or foreign government;
(10) 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; or
(11) 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 division (A)(11) prohibits transmission or receipt of such information for use in news reporting of sporting events or contests;
(12) 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. This division (A)(12) does not apply to activities referenced in division (B)(6)(a) and (b); or
(13) Any other activity which may be defined as “gambling” pursuant to 720 ILCS 5/28-1(a).
(B) Participants in any of the following activities shall not be convicted of gambling therefor:
(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.
(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.
(3) Pari-mutuel betting as authorized by the law of this state.
(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; or the manufacture, distribution, or possession of video gaming terminals, as defined in the Video Gaming Act, by manufacturers, distributors, and terminal operators licensed to do so under the Video Gaming Act.
(5) The game commonly known as “bingo,” when conducted in accordance with the Bingo License and Tax Act.
(6) (a) Lotteries when conducted by the state in accordance with the Illinois Lottery Law. This exemption includes any activity conducted by the Department of Revenue to sell lottery tickets pursuant to the provisions of the Illinois Lottery Law and its rules.
(b) The purchase of lottery tickets through the internet for a lottery conducted by the State of Illinois under the established program in Section 7.12 of the Illinois Lottery Law.
(7) 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 division (B)(7), an ANTIQUE SLOT MACHINE is one manufactured 25 years ago or earlier.
(8) Raffles when conducted in accordance with the Raffles Act.
(9) Charitable games when conducted in accordance with the Charitable Games Act.
(10) Pull tabs and jar games when conducted under the Illinois Pull Tabs and Jar Games Act.
(11) Gambling games conducted on riverboats when authorized by the Riverboat Gambling Act.
(12) Video gaming terminal games at a licensed establishment, licensed truck stop establishment, licensed fraternal establishment, or licensed veterans’ establishment when conducted in accordance with the Video Gaming Act.
(13) Games of skill or chance where money or other things of value can be won but not payment or purchase is required to participate.
(14) Any other activity which may be excluded from the definition of “gambling”
(C) A person convicted of gambling under this section shall be guilty of a misdemeanor.
(D) Circumstantial evidence. In prosecutions under this section, circumstantial evidence shall have the same validity and weight as in any criminal prosecution.
(Am. Ord. 12-06, passed 6-18-12) Penalty, see § 135.99
Statutory references:
Bingo License and Tax Act, see 230 ILCS 25/1 et seq.
Charitable Games Act, see 230 ILCS 30/1 et seq.
Illinois Lottery Law, see 20 ILCS 1605/1 et seq.
Illinois Pull Tabs and Jar Games Act, see 230 ILCS 20/1 et seq.
Raffles Act, see 230 ILCS 15/1 et seq.
Riverboat Gambling Act, see 230 ILCS 10/1 et seq.
Sale of lottery tickets through internet pilot program, see 20 ILCS 1605/7.12
Video Gaming Act, see 230 ILCS 40/1 et seq.
For purposes of this section, a GAMBLING PLACE is any real estate, vehicle, boat or any other property whatsoever used for the purposes of gambling other than gambling conducted in the manner authorized by the Video Gaming Act. 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 commits a misdemeanor. When any premises is determined by the city to be a gambling place:
(A) Such premises is a public nuisance and may be proceeded against as such;
(B) All licenses, permits or certificates issued by the city or public agency thereof authorizing the serving of food or liquor on such premises may be deemed void by the Local Liquor Commissioner; and no license, permit or certificate so cancelled may be reissued for such premises for a period of at least 60 days thereafter;
(Am. Ord. 12-06, passed 6-18-12) Penalty, see § 135.99
Statutory reference:
Similar provisions under state law, see 720 ILCS 5/28-3
(A) Every device designed for gambling which is incapable of lawful use or every device used unlawfully for gambling shall be considered a gambling device and shall be subject to seizure, confiscation and destruction by the city. As used in this section, a GAMBLING DEVICE includes any slot machine, and includes any machine or device constructed for the reception of money or other thing of value and so constructed as to return, or cause someone to return, on chance to the player thereof money, property or a right to receive money or property. With the exception of any device designed for gambling which is incapable of lawful use, no gambling device shall be forfeited or destroyed unless an individual with a property interest in the device knows of the unlawful use of the device.
(B) Every gambling device shall be seized and forfeited to the county wherein the seizure occurs. Any money or other thing of value integrally related to acts of gambling shall be seized and forfeited as contraband to the county wherein the seizure occurs.
(Am. Ord. 12-06, passed 6-18-12)
Statutory reference:
Similar provisions under state law, see 720 ILCS 5/28-5(a), (b)
(A) The city hereby adopts the provisions of the Video Gaming Act (230 ILCS 40/1 et seq., as amended from time to time) and to the extent any provision of the Polo Code of Ordinances is in conflict herewith, the provisions of this § 135.05 shall govern.
(B) The city shall charge a licensing fee for all video gaming terminals located in establishments within the city, as defined in the Video Gaming Act, in the amount of $25 per video gaming terminal per year.
(Ord. 12-06, passed 6-18-12)
Except as otherwise permitted by this code, every tavern keeper or other person possession or assisting in possessing, in any place occupied by him or her, any gambling device, in order that the same may, for hire, gain or reward be used for the purpose of amusement; or who assists any gambling device of that kind to be used upon any part of his or her premises, for the purpose of gaming for money of other property; or who assists or entices any person to play an unlawful game or sport therein, shall, for the first offense, be fined not less than $100. For the second and any subsequent offenses he or she shall be fined not less than $500 and may, at the discretion of the Local Liquor Commissioner, be required to forfeit his or her liquor license and shall not again be licensed as a tavern keeper for at least one year from the date of his or her most recent conviction.
(Ord. 12-06, passed 6-18-12)