For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"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:
(A) 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.
(B) 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.
(C) A crane game. For the purposes of this division, 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.
(D) A redemption machine. For the purposes of this division, 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 that is either physical or computer generated on a display or with lights into, upon, or against a hole or other target that is either physical or computer generated on a display or with lights, or stopping, by physical, mechanical, or electronic means, a moving object that is either physical or computer generated on a display or with lights into, upon, or against a hole or other target that is either physical or computer generated on a display or with lights, provided that all of the following conditions are met:
(1) The outcome of the game is predominantly determined by the skill of the player.
(2) 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.
(3) Only merchandise prizes are awarded.
(4) The wholesale value of prizes awarded in lieu of tickets or tokens for single play of the device does not exceed $25.
(5) The redemption value of tickets, tokens, and other representatives of value, which may be accumulated by players to redeem prizes of greater value, for a single play of the device does not exceed $25.
(E) Video gaming terminals at a licensed establishment, licensed truck stop establishment, licensed large truck stop establishment, licensed fraternal establishment, or licensed veterans establishment licensed in accordance with the Video Gaming Act.
"INTERNET." An interactive computer service or system or an information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including but not limited to an information service, system, or access software provider that provides access to a network system commonly known as the internet or any comparable system or service, and also including but not limited to a world-wide web page, newsgroup, message board, mailing list, or chat area on any interactive computer service or system or other online service. "Access" and "computer" have the meanings ascribed to them in ILCS Ch. 720, Act 5, § 16D-2.
"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, excluding savings promotion raffles authorized under ILCS Ch. 205, Act 5, § 5G, ILCS Ch. 205, Act 205, § 7008, ILCS Ch. 205, Act 305, § 42.7, Section 5136B of the National Bank Act (12 U.S.C. 25a), or Section 4 of the Home Owners’ Loan Act (12 U.S.C. 1463).
"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.
(E) A video gaming terminal. For purposes of this chapter, a "VIDEO GAMING TERMINAL" shall mean an electronic video gaming terminal or machine if licensed and operated in compliance with the provisions of the Video Gaming Act (ILCS Ch. 230, Act 40, §§ 1 et seq.), the provisions of applicable regulations promulgated from time to time by the Illinois Gaming Board, and the applicable provisions of the Village Code of Ordinances, including but not limited to the provisions of Chapter 112, 113, and 159.
(Ord. 12-1021, passed 12-19-12)
(A) A person commits gambling when he:
(1) Knowingly plays a game of chance or skill for money or other thing of value, unless excepted in division (B) of this section;
(2) Knowingly makes a wager upon the result of any game, contest, or any political nomination, appointment or election;
(3) Knowingly 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 herself 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, purchase, sale, exercise, endorsement, or guarantee, by or through a person registered with the Secretary of State pursuant to ILCS Ch. 815, Act 5, § 8 or by or through a person exempt from such registration thereunder, 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 ILCS Ch. 815, Act 5, § 3 is not gambling within the meaning of this subdivision;
(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 course of a bet or wager;
(6) Knowingly sells pools upon the result of any game or contest of skill or chance,
political nomination, appointment, or election;
(7) Knowingly sets up or promotes any lottery or sells, offers to sell, or transfers any ticket or share for any lottery;
(8) Knowingly 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 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 this state or any other state;
(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 this state or any other state;
(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; however, nothing in this subdivision prohibits transmission or receipt of such information for use in news reporting of sporting events or contests; or
(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 (12) does not apply to activities referenced in division (B)(6)(a) and (b), (B)(8) and (B)(8.1) of this section.
(B) 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.
(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-mutual 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 ILCS Ch. 230, Act 25, § 1 et seq.
(6) (a) Lotteries when conducted by the State of Illinois in accordance with ILCS Ch. 20, Act 1605, § 1 et seq. This exemption includes any activity conducted by the Department of Revenue to sell lottery tickets pursuant to the provisions of ILCS Ch. 20, Act 1605, §§ 1 et seq. and its rules.
(b) The purchase of lottery tickets through the Internet for a lottery conducted by the State of Illinois under the program established in ILCS Ch. 20, Act 1605, § 7.12.
(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 subdivision, an "ANTIQUE SLOT MACHINE" is one manufactured 25 years ago or earlier.
(8) Raffles and poker runs when conducted in accordance with ILCS Ch. 230, Act 15, § 1 et seq.
(8.1) The purchase of raffle chances for a raffle conducted in accordance with the Raffles and Poker Runs act.
(9) Charitable games when conducted in accordance with ILCS Ch. 230, Act 30, § 1 et seq.
(10) Use as a patron or customer of any video gaming terminal as defined in § 138.01(E). (Ord. 12-1021, passed 12-19-12)
(11) Video gaming terminal games at a licensed establishment, licensed truck stop establishment, licensed fraternal establishment, or licensed veterans establishment when conducted in accordance with ILCS Ch. 230, Act 40, § 1 et seq.
(12) Games of skill or chance where money or other things of value can be won but no payment or purchase is required to participate.
(13) Savings promotion raffles authorized under ILCS Ch. 205, Act 5, § 5G, ILCS Ch. 205, Act 205, § 7008, ILCS Ch. 205, Act 305, § 42.7, Section 5136B of the National Bank Act (12 U.S.C. 25a), or Section 4 of the Home Owners’ Loan Act (12 U.S.C. 1463).
(14) Sports wagering when conducted in accordance with the Sports Wagering Act.
(C) Gambling is a Class A misdemeanor. A second or subsequent conviction under divisions (A)(3) through (A)(12) of this section, is a felony, and shall be prosecuted under appropriate state law.
(D) For prosecutions under this section circumstantial evidence shall have the same validity and weight as in any criminal prosecution.
(ILCS Ch. 720, Act 5, § 28-1) Penalty, see § 130.99
Statutory reference:
Syndicated gambling, see ILCS Ch. 720, Act 5, § 28-1.1
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