572.010. Chapter definitions.

Chapter definitions.

572.010. As used in this chapter:

(1) "Advance gambling activity", a person "advancesgambling activity" if, acting other than as a player, he engagesin conduct that materially aids any form of gambling activity.Conduct of this nature includes but is not limited to conductdirected toward the creation or establishment of the particulargame, lottery, contest, scheme, device or activity involved,toward the acquisition or maintenance of premises, paraphernalia,equipment or apparatus therefor, toward the solicitation orinducement of persons to participate therein, toward the actualconduct of the playing phases thereof, toward the arrangement orcommunication of any of its financial or recording phases, ortoward any other phase of its operation. A person advancesgambling activity if, having substantial proprietary control orother authoritative control over premises being used with hisknowledge for purposes of gambling activity, he permits thatactivity to occur or continue or makes no effort to prevent itsoccurrence or continuation. The supplying, servicing andoperation of a licensed excursion gambling boat under sections313.800 to 313.840, RSMo, does not constitute advancing gamblingactivity;

(2) "Bookmaking", means advancing gambling activity byunlawfully accepting bets from members of the public as abusiness, rather than in a casual or personal fashion, upon theoutcomes of future contingent events;

(3) "Contest of chance" means any contest, game, gamingscheme or gaming device in which the outcome depends in amaterial degree upon an element of chance, notwithstanding thatthe skill of the contestants may also be a factor therein;

(4) "Gambling", a person engages in "gambling" when hestakes or risks something of value upon the outcome of a contestof chance or a future contingent event not under his control orinfluence, upon an agreement or understanding that he willreceive something of value in the event of a certain outcome.Gambling does not include bona fide business transactions validunder the law of contracts, including but not limited tocontracts for the purchase or sale at a future date of securitiesor commodities, and agreements to compensate for loss caused bythe happening of chance, including but not limited to contractsof indemnity or guaranty and life, health or accident insurance;nor does gambling include playing an amusement device thatconfers only an immediate right of replay not exchangeable forsomething of value. Gambling does not include any licensedactivity, or persons participating in such games which arecovered by sections 313.800 to 313.840, RSMo;

(5) "Gambling device" means any device, machine,paraphernalia or equipment that is used or usable in the playingphases of any gambling activity, whether that activity consistsof gambling between persons or gambling by a person with amachine. However, lottery tickets, policy slips and other itemsused in the playing phases of lottery and policy schemes are notgambling devices within this definition;

(6) "Gambling record" means any article, instrument,record, receipt, ticket, certificate, token, slip or notationused or intended to be used in connection with unlawful gamblingactivity;

(7) "Lottery" or "policy" means an unlawful gambling schemein which for a consideration the participants are given anopportunity to win something of value, the award of which isdetermined by chance;

(8) "Player" means a person who engages in any form ofgambling solely as a contestant or bettor, without receiving orbecoming entitled to receive any profit therefrom other thanpersonal gambling winnings, and without otherwise rendering anymaterial assistance to the establishment, conduct or operation ofthe particular gambling activity. A person who gambles at asocial game of chance on equal terms with the other participantstherein does not otherwise render material assistance to theestablishment, conduct or operation thereof by performing,without fee or remuneration, acts directed toward the arrangementor facilitation of the game, such as inviting persons to play,permitting the use of premises therefor and supplying cards orother equipment used therein. A person who engages in"bookmaking" as defined in subdivision (2) of this section is nota "player";

(9) "Professional player" means a player who engages ingambling for a livelihood or who has derived at least twentypercent of his income in any one year within the past five yearsfrom acting solely as a player;

(10) "Profit from gambling activity", a person "profitsfrom gambling activity" if, other than as a player, he accepts orreceives money or other property pursuant to an agreement orunderstanding with any person whereby he participates or is toparticipate in the proceeds of gambling activity;

(11) "Slot machine" means a gambling device that as aresult of the insertion of a coin or other object operates,either completely automatically or with the aid of some physicalact by the player, in such a manner that, depending upon elementsof chance, it may eject something of value. A device soconstructed or readily adaptable or convertible to such use is noless a slot machine because it is not in working order or becausesome mechanical act of manipulation or repair is required toaccomplish its adaptation, conversion or workability. Nor is itany less a slot machine because apart from its use oradaptability as such it may also sell or deliver something ofvalue on a basis other than chance;

(12) "Something of value" means any money or property, anytoken, object or article exchangeable for money or property, orany form of credit or promise directly or indirectlycontemplating transfer of money or property or of any interesttherein or involving extension of a service, entertainment or aprivilege of playing at a game or scheme without charge;

(13) "Unlawful" means not specifically authorized by law.

(L. 1977 S.B. 60, A.L. 1991 H.B. 149 Adopted by Referendum, Proposition A, November 3, 1992)

Effective 11-3-92