2010 Utah Code
Title 76 - Utah Criminal Code
Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals
76-10-1101 - Definitions.

76-10-1101. Definitions.
As used in this part:
(1) (a) "Fringe gambling" means any gambling, lottery, or video gaming device which is:
(i) given, conducted, or offered for use or sale by a business in exchange for anything of value; or
(ii) given away incident to the purchase of other goods or services.
(b) "Fringe gambling" does not include a gambling, lottery, video gaming device, or other promotional activity which is clearly occasional and ancillary to the primary activity of the business.
(2) (a) "Gambling" means risking anything of value for a return or risking anything of value upon the outcome of a contest, game, gaming scheme, or gaming device when the return or outcome:
(i) is based upon an element of chance; and
(ii) is in accord with an agreement or understanding that someone will receive something of value in the event of a certain outcome.
(b) "Gambling" includes a lottery and fringe gambling.
(c) "Gambling" does not include:
(i) a lawful business transaction; or
(ii) playing an amusement device that confers only an immediate and unrecorded right of replay not exchangeable for value.
(3) "Gambling bet" means money, checks, credit, or any other representation of value.
(4) "Gambling device or record" means anything specifically designed for use in gambling or used primarily for gambling.
(5) "Gambling proceeds" means anything of value used in gambling.
(6) "Lottery" means any scheme for the disposal or distribution of property by chance among persons who have paid or promised to pay any valuable consideration for the chance of obtaining property, or portion of it, or for any share or any interest in property, upon any agreement, understanding, or expectation that it is to be distributed or disposed of by lot or chance, whether called a lottery, raffle, or gift enterprise, or by whatever name it is known.
(7) "Video gaming device" means any device that possesses all of the following characteristics:
(a) a video display and computer mechanism for playing a game;
(b) the length of play of any single game is not substantially affected by the skill, knowledge, or dexterity of the player;
(c) a meter, tracking, or recording mechanism that records or tracks any money, tokens, games, or credits accumulated or remaining;
(d) a play option that permits a player to spend or risk varying amounts of money, tokens, or credits during a single game, in which the spending or risking of a greater amount of money, tokens, or credits:
(i) does not significantly extend the length of play time of any single game; and
(ii) provides for a chance of greater return of credits, games, or money; and
(e) an operating mechanism that requires inserting money, tokens, or other valuable consideration in order to function.

Amended by Chapter 382, 2009 General Session

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