(A) For the purpose of this section, the definitions found in section 28-1101 RS Neb. shall be used.
(B) A person commits the offense of promoting gambling if he or she knowingly:
(1) Advances or profits from any unlawful gambling activity by:
(a) Engaging in bookmaking;
(b) Receiving, in connection with any unlawful gambling scheme or enterprise, any amount of money played in the scheme or enterprise in any one (1) day; or
(c) Betting something of value in an amount of five hundred dollars ($500.00) or more with one (1) or more persons in one (1) day; or (Ref. 28-1102 and 28-1103 RS Neb.)
(2) Participates in unlawful gambling as a player by betting less than five hundred dollars ($500.00) in any one (1) day. (Ref. 28-1104 Res. Neb.)
(C) (1) A person commits the offense of possession of a gambling device if he or she manufactures, sells, transports, places, possesses, or conducts or negotiates any transaction affecting or designed to affect ownership, custody, or use of any gambling device, knowing that it shall be used in the advancement of unlawful gambling activity.
(2) The owner or operator of a retail establishment who is not a manufacturer, distributor, or seller of mechanical amusement devices as defined under the Mechanical Amusement Device Tax Act, shall have an affirmative defense to possession of a gambling device described in division (C)(1) of this section if the device bears an unexpired mechanical amusement device decal as required by such Act. However, such affirmative defense may be overcome if the owner or operator had actual knowledge that operation of the device constituted unlawful gambling activity at any time such device was operated on the premises of the retail establishment.
(3) Notwithstanding any other provisions of this division, any mechanical game or device classified by the federal government as an illegal gambling device and requiring a federal Gambling Device Tax Stamp as required by the Internal Revenue Service in its administration of 26 U.S.C. 4461 and 4462, amended July 1, 1965, by Public Law 89-44, is hereby declared to be illegal. (Ref. 28-1107 RS Neb.)
(D) In any prosecution under this section, it shall be an affirmative defense that the writing, paper, instrument, or article possessed by the defendant was neither used nor intended to be used in the advancement of an unlawful gambling activity. (Ref. 28-1108 RS Neb.)
(E) Proof of possession of any gambling device shall be prima facie evidence of possession thereof with knowledge of its contents and character. (Ref. 28-1109 RS Neb.)
(F) It shall be no defense to a prosecution under any provision of this section relating to gambling that the gambling is conducted outside this City and is not in violation of the laws of the jurisdiction in which it is conducted. (Ref. 28-1110 RS Neb.)
(G) In addition to any other penalty, a sentencing court may order that any money, securities, negotiable instruments, firearms, conveyances, or electronic communication devices as defined in section 28-833 RS Neb., or any equipment, components, peripherals, software, hardware, or accessories related to electronic communication devices, or any gambling devices, be forfeited as a part of the sentence imposed if it finds by clear and convincing evidence adduced at a separate hearing in the same prosecution, conducted pursuant to section 28-1601 RS Neb., that any or all such property was derived from, used, or intended to be used to facilitate a violation of this section. (Ref. 28-1111 Res. Neb.)
(H) In any prosecution for an offense defined in this section, when the defendant’s status as a player constitutes an excusing condition, the fact that the defendant was a player shall constitute an affirmative defense. (Ref. 28-1112 Res. Neb.)
(I) Nothing in this section shall be construed to:
(1) Apply to or prohibit wagering on the results of horse races by the parimutuel or certificate method when conducted by licensees within the racetrack enclosure at licensed horse-race meetings; or
(2) Prohibit or punish the conducting or participating in any bingo, lottery by the sale of pickle cards, lottery, raffle, or gift enterprise when conducted in accordance with the Nebraska Bingo Act, the Nebraska County and City Lottery Act, the Nebraska Lottery and Raffle Act, the Nebraska Pickle Card Lottery Act, the Nebraska Small Lottery and Raffle Act, the State Lottery Act, or section 9-701 RS Neb.
(3) Apply to or prohibit the operation of games of chance, whether using a gambling device or otherwise, by authorized gaming operators within licensed racetrack enclosures or the participation or playing of such games of chance, whether participated in or played using a gambling device or otherwise, by individuals twenty-one (21) years of age or older within licensed racetrack enclosures as provided In the Nebraska Racetrack Gaming Act. (Ref. 28-1113 RS Neb.)
(J) In any prosecution under this section in which it is necessary to prove the occurrence of a sporting event, a published report of its occurrence in any daily newspaper, magazine, or other periodically printed publication of general circulation shall be admissible in evidence and shall constitute prima facie evidence of the occurrence of the event. (Ref. 28-1117 RS Neb.)
(Ord. Nos. 1035, 7/21/20; 1119, 9/20/22)