• The State of Maine Gambling Control Unit is a bureau within the Department of Public Safety. This Unit provides support to a five-member Gambling Control Board appointed by the Governor.
• Information about the legal requirements and restrictions for raffles and games of chance, which are popular formats for fundraisers. Familiarize yourself with these rules, regulations and laws before you plan a fundraiser of this type.
• A person also advances gambling activity if, having substantial proprietary control or other authoritative control over premises being used with his knowledge for purposes of gambling activity, he permits that activity to occur or continue, or makes no effort to prevent its occurrence or continuation.
• MAINE DEPARTMENT OF INLAND FISHERIES AND WILDLIFE MAINE WARDEN SERVICE IMPORTANT Before you start the application process, please have the following documents ready to upload and include with your application or it will not be processed. Proof of age (copy of birth certificate or driver’s license); a copy of your high school diploma or GED certificate; a letter from the Maine Criminal.

Like many of its Northeastern neighbors, the state of Maine has traditionally
opposed most forms of gambling throughout its history, owed to the influence of
Puritan settlers during the colonial era.

But during the last half century or so, most Mainers have had a change of
heart when it comes to gambling. Thanks to the state’s system which puts citizen
proposed initiatives on the ballot, that shift in attitudes has led to several
steps towards relaxing previously strict prohibitions.

STATE OF MAINE DEPARTMENT OF PUBLIC SAFETY GAMBLING CONTROL BOARD. UNIVERSAL SHIPPING APPLICATION MGCB-2200. AlI slot machines, table games and their associated equipment must be approved for.

Gamblers in Maine aren’t exactly living in Sin City just yet, but today they
have access to a pair of state-licensed casinos, a tribally operated bingo hall,
harness racing tracks, a state lottery and various social and charitable games.
Among the gambling activities that are still on the outs, however, are greyhound
racing, tribal casinos and online activities like casino, slots, poker and daily
fantasy sports (DFS).

Clearly then, the law in Maine is constantly changing to keep up with the
times, a condition which can leave residents and visitors alike unclear on
exactly what they can and cannot gamble on.

To help bridge this knowledge gap, we’ve compiled info onto this page to
serve as a comprehensive guide to gambling in Maine. Here you’ll find a
discussion on the nebulous world of online gambling laws – or the lack thereof –
along with a rundown of the key statutes on the books, a listing of gambling
venues in the state, a timeline showing the state’s history when it comes to
gambling laws and a slew of additional resources.

When you’re finished absorbing the information below, be sure to scroll all
the way to the bottom of the page to take a one question poll about your views
on the subject.

Online Gambling and Maine Law

For the more than a million residents of Maine, online gambling entered a
legal “grey zone” during the last decade.

Following the Chris Moneymaker inspired poker boom of 2003, online gambling
became all the rage, and sites like PokerStars and PartyPoker quickly built
themselves into billion-dollar enterprises. With a clear lack of federal
regulation to cover online gambling, the government was left out in the
proverbial cold, forced to watch as millions of Americans conducted business
with sites owned and operated offshore.

Eventually, something had to give. That occurred in 2006 when Congress
slipped an amendment known as the Unlawful Internet Gambling Enforcement Act
(UIGEA) into an unrelated port security bill. Sure that the national security
measure would achieve smooth passage, Congress essentially enacted a federal ban
over online gambling under cover of darkness – with no debate or discussion on
the matter held in a public forum.

The terms of the UIGEA weren’t aimed at players, however, but only at
operators conducting online gambling business on American shores. Soon enough,
sites like PartyPoker took the hint and picked up stakes, withdrawing from the
U.S. market altogether by restricting access to American customers.

Others stayed, of course, with PokerStars chief among them, and over the next
five years several major online gambling sites established themselves as “rogue”
by continuing to serve American players.

That all changed in April of 2011, when an indictment against owners and
operators of three major online poker platforms led to the industry’s “Black
Friday.” Overnight, millions of online poker players lost access to their
favorite domains, and within a year, America was rendered a wasteland in terms
of regulated online gambling.

That left unregulated offshore sites to fill the void, and while you’ll learn
more about those in the Q&A below, sufficed to say regulation is preferable from
the player’s point of view.

As has become common in the industry, another curveball was thrown in the
form of a revised opinion issued by the Department of Justice (DOJ) in December
of 2011. According to the DOJ, the law used as precedent when crafting the UIGEA
– a 1961 federal statute known as the Wire Act – that no longer applied.

For 50 years, between 1961 and 2011, the government held that the Wire Act –
which prohibited sports bettors from placing wagers over the telephone –
extended to the Internet as well. But the DOJ decided upon closer examination
that the Wire Act was applicable to online sports betting only – and not casino
games, slots or poker.

Immediately, states were freed from the onerous burden of the UIGEA, and
given the opportunity to regulate their own online gambling industries, three
took the plunge (Nevada, New Jersey and Delaware) by 2013. At least a dozen
states have explored similar legislation since – including California, New York,
Massachusetts, Pennsylvania and Illinois – but none have achieved full passage
as of this writing (July 3, 2017).

Unfortunately for online gambling enthusiasts in Maine, lawmakers there have
been slow on the draw when it comes to regulation. No bills have been put forth
to address the issue, despite articles appearing in the Bangor Daily News as
early as January 2012 exploring online gambling’s potential impact for Maine’s
economy.

For Mainers today, the only option that remains is offshore online gambling
platforms, and fortunately, sites like (X), (Y) and (Z)* have filled the void
admirably. These sites are our personal favorites among a crowded field, for
several reasons really, but most of all because they’ve always done right by
their customers.

Stuck in a state without online gambling regulations in place, players must
trust one another, and seek out only the best – which is where we come in.

Is Online Gambling Legal in Maine?

Even as several states nationwide float the idea of legalizing online
gambling on casino games, slots and poker, Maine remains on the proverbial
sidelines.

As of now, no proposals have been put forth by the state legislature to
address the industry, which leaves online gambling enthusiasts there living in
legal limbo. Without laws on the books that specifically address gambling via
the Internet, the issue remains largely unsettled.

Of course, you asked whether it’s legal in Maine – and the answer to that is
simple: no.

Until the legislature gets its act together – or individual players gather
enough petitions to put online gambling on the ballot as a citizen referendum –
nobody can make a legitimate argument of legality in Maine.

In fact, a close look at Title 17-A, Chapter 39, Section §952-5 of the Maine
Revised Statutes shows that online gambling likely leans toward the illegal side
(emphasis added):

“‘Gambling device means any device, machine, paraphernalia or equipment that
is used or usable in the playing phases of any gambling activity, whether that
activity consists of gambling between persons or gambling by a person involving
the playing of a machine.

5-A. ‘Illegal gambling machine’ means any machine, including electronic
devices, however operated.”

Obviously, desktop or laptop computers, along with mobile phones and tablets,
would all fall under the category of “device.” The fact that the law mentions
electronic devices, while putting no limitation on how those devices are
operated, would seem to pull computers into the ban’s purview.

Now, with that said, nobody has been arrested – or even charged – with crimes
related to gambling online in Maine. Simply put, authorities on the city and
state levels have bigger fish to fry than somebody chasing flush draws from
their iPad.

This answer is largely confined to traditional online gambling, which we see
as casino/slots/poker, but Maine is making a bit of progress when it comes to
daily fantasy sports (DFS). This relatively new form of Internet gambling is
currently being considered by the state legislature, with most reports from the
statehouse suggesting that lawmakers are keen on legalizing and regulating the
industry.

See the first question in our FAQ section below for more details on Maine’s
promising daily fantasy sports (DFS) bill.

Are Offshore Gambling Sites Safe?

By and large, but players should always take precautions when considering an
offshore gambling platform.

The word “regulation” has taken on nasty connotations of late, but while we
may forget, regulated industries tend to work towards consumer protection more
than their unregulated competitors. When it comes to online gambling and the
tremendous potential for profit the industry promises operators, the temptation
to take shortcuts – or even cut bait and abscond with player funds – is ever
present.

During your own research, you’re bound to encounter horror stories from
players who won jackpots but never got paid, or built big bankrolls on sites
that suspended operations with no notice. These are true stories too, for the
most part – and over the years they’ve combined to give the online gambling
industry a bad name.

Thankfully, however, the majority of operators out there realize that more
money could be made by running a reputable company – as the house always wins.
Why cheat your players when the odds alone ensure you’ll always wind up in the
black by day’s end?

That’s the philosophy employed by online gambling platforms like (X), (Y) and
(Z)*–sites that have all worked hard over many years to build trust with their
respective player bases. Rather than resort to ripping off customers, these
sites take the opposite approach – treating you right and serving as a reputable
source of wagering action.

The best indicator that these sites are safe should be traffic, as even the
biggest sucker will refuse to frequent a venue that consistently stiffs them.
When researching online gambling destinations, be sure to look for player
traffic date, and player generated reviews, as these will provide the most
telling glimpse into a site’s integrity.

Online gambling operators like the ones we just mentioned have been around
for years, or even decades, and over that span, they’ve each managed to keep
customers coming back for more.

Can I Get Arrested for Gambling Online in Maine?

We would bet big that you won’t, but never say never.

A thorough search on Google returned exactly zero mentions of anybody being
arrested for gambling online in Maine, and that’s in keeping with the system
used throughout most of the U.S., where the legal “grey zone” and lack of
regulation forces millions of Americans to take their virtual bankrolls to
offshore sites.

Authorities know that the masses are playing casino games, slots and poker
online, but their focus has always been on busting the operators. After all,
it’s the site owners who are generating massive income from businesses serving
American players – without paying a penny in taxes to the government.

That’s why any mention of online gambling crackdowns in the news involve
operators – as players just don’t matter in the eyes of the law.

More Gambling Laws in Maine

• Casino Games: Legal
• Tribal Gambling:Illegal
• Poker: Legal
• Horse Racing Betting:Legal
• Dog Racing Betting: Illegal
• Lottery: Legal
• Bingo: Legal
• Daily Fantasy Sports: Legal
• Charitable Gaming: Legal, Under Certain Circumstances
• Social Gambling: Illegal

The primary laws covering unlawful gambling in Maine fall under Title 17-A,
Chapter 39, Section §952-4 of the Maine Revised Statutes, which defines illegal
wagers as any situation in which a person:

“(S)takes or risks something of value upon the outcome of a contest of chance
or a future contingent event not under his control or influence, upon an
agreement or understanding that he or someone else will receive something of
value in the event of a certain outcome.”

The crucial phrase in that entry is “contest of chance,” which is defined by
Section §952-3:

“‘Contest of chance’ means any game, contest, scheme or device in which:

A. A person stakes or risks something of value for the opportunity to win
something of value;

B. The rules of operation or play require an event the result of which is
determined by chance, outside the control of the contestant or participant; and

C. Chance enters as an element that influences the outcome in a manner that
can not be eliminated through the application of skill.”

To protect pub poker games and other forms of social gambling, Section §952-3
was put in place:

“‘Social gambling’ is gambling, or a contest of chance, in which the only
participants are players and from which no person or organization receives or
becomes entitled to receive something of value or any profit whatsoever,
directly or indirectly, other than as a player, from any source, fee,
remuneration connected with said gambling, or such activity as arrangements or
facilitation of the game, or permitting the use of premises, or selling or
supplying for profit refreshments, food, drink service or entertainment to
participants, players or spectators.”

Section §954 lays out the penalties for simple acts of illicit gambling –
such as playing in an unlicensed bingo game or entering a casino underage –
classifying it as a Class D crime. That makes basic acts of illegal gambling
punishable by imprisonment for up to 364 days and a fine of $2,000.

As for the operational side, those accused of “aggravated unlawful gambling”
under Section §953 are subject to the following laws:

“A person is guilty of aggravated unlawful gambling if he intentionally or
knowingly advances or profits from unlawful gambling activity by:

A. Engaging in bookmaking to the extent that the person receives or accepts
in any 24-hour period more than 5 bets totaling more than $500; or

B. Receiving in connection with a lottery or mutuel scheme or enterprise,
money or written records from a person other than a player whose chances or
plays are represented by such money or records; or

C. Receiving in connection with a lottery, mutuel or other gambling scheme or
enterprise more than $1,000 in any 24-hour period played in the scheme or
enterprise.”

The aggravated unlawful gambling statute covers activity like running an
underground sportsbook, and as a Class B crime, the potential penalties escalate
to imprisonment for up to 10 years and a $20,000 fine.

Gambling Venues in Maine

With the state government still quite hostile to tribal gaming, none of
Maine’s four federally recognized tribes (the Micmac, the Maliseet, the
Passamaquoddy and the Penobscot) are permitted to operate full-fledged casinos.

That leaves just two state licensed casino venues to choose from, both of
which are profiled below:

1) Hollywood Casino Hotel & Raceway Bangor

Type: State Licensed Commercial Casino

Opened: Racino opened in 2005, full fledged casino in 2012

Table Games: 16

Slot Machines: 923

Location: 500 Main St, Bangor, ME 04401

Phone: (877) 779-7771

2) Oxford Casino

Type: State Licensed Commercial Casino

Opened: 2012

Table Games: 22

Slot Machines: 848

Location: 777 Casino Way, Oxford, ME 04270

Phone: (207) 539-6700

In addition to the two casinos listed above, Maine is home to several venues
for harness horseracing, including a pair of commercial racetracks where on-site
betting is permitted. You can find a full listing of all harness racing
facilities in the state here by visiting the Maine Harness Racing Directory.
Information for the state’s famous Scarborough Downs racetrack, where bettors
can enjoy live harness races and simulcasted events, can be found below:

3) Scarborough Downs

Type: Harness Racing Track

Opened: 1950

Table Games: 0

Slot Machines: 0

Location: 90 Payne Rd, Scarborough, ME 04074

Phone: (207) 883-4331

Finally, while the regrettable blockade against tribal gaming has precluded
casinos on reservation land, Maine is home to a pair of high stakes bingo halls
– one operated by the Passamaquoddy tribe on their Indian Township Reservation,
and another by the Penobscot tribe on Indian Island, Old Town:

4) Passamaquoddy Bingo at Indian Township

Type: Tribal Bingo Hall

Opened: 2010

Table Games: 0

Slot Machines: 0

Location: RR 1, Princeton, ME 04668

Phone: (207) 796-2301

5) Penobscot High Stakes Bingo

Type: Tribal Bingo Hall

Opened: 1973

Table Games: 0

Slot Machines: 0

Location: 6 River Road, Old Town, ME 04468

Phone: (800) 255-1293 / (207) 827-7750

History of Gambling in Maine

Voters throughout Maine make a statement with over 70 percent of ballots cast in favor of seceding from the Massachusetts Commonwealth and joining the Union as the 23rd state. The state’s first system of laws.

The creation of the Maine State Racing Commission sets the stage for legal pari-mutuel wagering on horse races.

The state’s first commercial gambling facility opens with the debut of legal harness racing at Scarborough Downs.

More than 63 percent of voters turn out in favor of Referendum Question Number 1, also known as the Maine State Lottery Referendum, thus authorizing Maine’s first legalized lottery program.

The Maine State Lottery begins selling “Play Me” lotto tickets for $0.50 apiece, with the first drawing held on June 27.

Following approval by the state legislature, Title 17, Chapter 12-A is added to the Maine Revised Statutes to legalize bingo under certain conditions.

Maine joins with New Hampshire and Vermont to create the Tri-State Lottery Commission, which was the first multi state lottery organization in America.

Voters narrowly pass Question 2, also known as the Maine Slot Machines at Commercial Horse Racetracks initiative, by a 52.9 percent margin – paving the way for “racinos” to open one year later.

Votersonce again split nearly down the middle on a gambling expansion bill, with only 50.42 percent in favor of opening a commercial casino in Oxford.

Voters in Penobscot County turn out to support a ballot measure allowing for casino style table games to be added to the existing Hollywood Slots facility. By 2012, both Hollywood and Oxford Casino are home to a full complement of games like blackjack and roulette.

The latest effort to extend casino rights to federally recognized tribes dies in the state legislature.

Maine Gambling FAQ

You’ve had to digest a ton of dense legal matter over the course of this
page, and if you’re anything like us, every answer seems to lead to more
questions.

We’re big fans of participatory learning here, so we’ll try to anticipate a
few of those questions below, complete with everything we can find on the
subject:

Question 1: What’s up with daily fantasy sports (DFS) in Maine, the Legislature just legalized it, right?

Not exactly, because if you remember that old Schoolhouse Rock cartoon called
“How a Bill Becomes a Law,” the state legislature is only the penultimate step
in the process. Once the House and Senate sign off on a law, it’s up to the
Governor – the much maligned Paul LePage in this case – to add his signature and
make things official.

Back in April, state senator Roger Katz (R-Augusta) introduced LD-1320, also
known as An Act to Regulate and Tax Sports Fantasy League Activities in Maine.
In the bill’s initial draft, Katz provided the following outline of LD-1320’s
construction:

“LD 1320 provides a legal framework for the operating of skills-based fantasy
sports content in Maine. Consistent with legislation in other states, the bill
provides a legal definition of fantasy sports contests, regulation and
oversight, including a $5,000 registration fee that is capped at 10% of revenue
to accommodate startups or smaller operators, and a series of common-sense
consumer protection regulations that are consistent with industry standards. The
bill also clarifies that fantasy sports contests that meet the bill’s definition
are not gambling under Maine law.

More than 200,000 Mainers participate in some form of fantasy sports contest,
without any regulations. Also, there is no mention of fantasy sports in our
current law, so companies are operating with a small degree of uncertainty.”

The effort to legalize and regulate daily fantasy sports (DFS) across Maine
then languished in committee for three months, being tabled three times in the
process.

Based on the provisions of LD-1320, DFS would be defined under the following
terms:

“(A) simulated game or contest in which one or more players pay an entry fee
and compete for and win prizes of value based on outcomes that reflect the
relative knowledge and skill of the players and that are determined
predominantly by accumulated statistical results of the performance of
individuals, including athletes in the case of sporting events.”

But within days of this writing (July 3, 2017), news has begun to trickle out
of the statehouse which suggests that LD-1320 will be passed by both the House
and Senate.

During the recent debates within the legislature, state representative
Kathleen Dillingham (R-Oxford)

“I would ask that you support the motion, move forward and make sure that we
are able to have regulations in place for this industry and that we ensure there
are consumer protections for the 215,000 participants in the state of Maine.”

Of course, there are a few lawmakers who are still steadfastly opposed to
progress on the DFS front, but the bill’s current status shows a majority voting
for “Ought to Pass as Amended.” A formal vote hasn’t taken place just yet, but
that could be coming the upcoming days or weeks, so stay tuned.

But as we discussed to start this answer off, even if the House and Senate
both vote as expected and push LD-1320 through, it will still require Governor
LePage’s signature to become law. And unfortunately, LePage isn’t exactly a fan
of gambling expansion, as he’s made clear in several public statements over the
years.

Even so, input from the two major operators in the industry – DraftKings and
FanDuel – submitted to the legislature reveals that more than 215,000 Mainers
currently participate in real money DFS contests. That’s over 16 percent of the
state’s population, so coupled with the legislature’s vocal backing in the form
of a vote, LePage may not have the public support to veto such a measure.

Finally, even if the Governor does bring the veto-hammer down, LD-1320 can
still become law if 66 percent of the assembled legislators vote to override
him.

With all that said, chances are quite high that Maine will codify its own DFS
laws and regulations sometime this year. As for now though, both DraftKings and
FanDuel are free to operate in the state, as Maine has no laws on the books – or
even opinions rendered by the state Attorney General – stating that the games
constitute illicit gambling.

Question 2: On my last road trip through Maine in early 2011, I visited that Hollywood Casino in Bangor, but they didn’t even have blackjack, roulette or a poker room (some casino) – so has the situation improved at all?

It sure has, thanks to a ballot initiative passed by Penobscot County voters
in November of 2011.

The vote authorized the Hollywood Slots facility which you visited – that
name might have been a clue – to offer full fledged casino table games. Within
six months’ time, Hollywood Slots transformed into the Hollywood Casino we know
today, installing 14 table games throughout the floor.

Players now have access to Las Vegas favorites like blackjack, roulette,
three card poker and even Texas Hold’em in a dedicated poker room. With betting
at all stakes on the table games, and a mix between cash games and tournaments
in the poker room, Hollywood Casino is now deserving of the name.

If you’re still sour on that venue in particular, try the Oxford Casino,
located about two hours to the southwest. You didn’t miss it last time either,
as Oxford Casino debuted in 2012 following a public referendum the year before.

Sadly, they don’t have a poker room, but the selection of table games is much
wider, with 22 tables spreading the following games:

• Big 6 Wheel
• Blackjack
• Craps
• Mini Baccarat
• Mississippi Stud
• Roulette
• Spanish 21
• Three Card Poker
• Ultimate Texas Hold ‘Em

Between these two state licensed casino venues, Maine is a much different
destination for gamblers than it was at the time of your visit.

Question 3: I’m new to Maine and just joined up with the local Elks Lodge, but I was disappointed to learn they don’t run bingo nights because they never obtained a license – so how does one apply for a bingo license anyhow?

In order to run a legal bingo game, you’ll need to make arrangements with the
Maine State Police.

Fortunately for our fellow members of the Benevolent Protective Order of Elks
(BPOE), the authorities in Maine appear to be quite willing to distribute these
licenses. A quick search for “bingo” + “Elks” + “Maine” returns several lodges
across the state running regular bingo nights.

To add your lodge to the list, simply head to the Maine State Police website
where all information on licensing for bingo, and other games of chance, can be
found .

The license itself costs $400 per year – with several smaller fees covering
shorter periods of play – and you can win prizes up to $1,400.

Additional Resources

We’ve enjoyed the job of introducing readers to the fluctuating landscape of
gambling laws in Maine, but even the best teachers must hand the reins over to
their students from time to time.

State Of Maine Gambling Control Board Jobs Openings

The five links assembled below cover a wide swath of the state’s gambling
industry, allowing you to conduct your own research, locate information covering
unique circumstances, and continue your legal education for years to come:

The Maine Gaming Control Board’s website isn’t the most expansive regulatory
resource we’ve ever seen, but like the state’s proud fishermen, it does the job
without any frills. This site has everything you need to know about the way
gambling laws are enforced there, along with links to necessary forms players
can use to protect themselves.

Title 17-A, Chapter 39 of the Maine Revised Statutes covers crimes associated
with illegal gambling, and this page includes every last word of those laws for
convenient review. We recommend exploring all 11 of the sections at your
leisure, but the most important are 17-A §952, which covers Definitions, and
17-A §954 on Unlawful Gambling activities.

State Of Maine Gambling Control Board Jobs 2019

With only two casinos to choose from, and those just two hours apart, Mainers
have a choice on their hands. The pair of links above should help make that
choice easier, so take a tour of each venue’s website to see which one catches
your eye.

The Future and Your Views

Even as regional neighbor New Jersey continues to reap enormous tax revenue
and licensing fees from its regulated online gambling industry – and fellow New
Englanders in Massachusetts exploring similar legislation – lawmakers in Maine
remain immobilized.

The state has yet to even discuss the issue of legalizing online casinos,
slot parlors and poker rooms, while daily fantasy sports (DFS) is just being
brought up as we speak. Even that bill, while supported by most members of the
state’s Senate and House, appears doomed to fail based on Governor Paul LePage’s
previous opposition to any gambling expansion efforts.

To put it mildly, online gambling is simply not a priority for politicians in
Maine – but that can change. Public servants are just that, after all, and their
job is to serve the will of their constituents. That’s why DFS is inching
towards regulation, as an estimated 215,000 Mainers – or more than 16 percent of
the state’s population – participating as players have made their voices heard.

We invite you to do the same, as a single click on our poll below will make
your voice, and that of Maine, heard loud and clear when it comes to online
gambling regulation:

The gambling laws in any jurisdiction or region around the world are subject
to change. We’ve striven to ensure that the information on this page is
accurate, but you should always check your local laws before engaging in any
form of gambling activity.

Maine Revised Statutes

Title 17-A: MAINE CRIMINAL CODE Part 2:
SUBSTANTIVE OFFENSES
Chapter 39: UNLAWFUL GAMBLING

§952. Definitions

As used in this chapter, the following definitions apply:

1. “ADVANCE GAMBLING ACTIVITY.” A person “advances gambling activity” if, acting other than as a player or a member of the player’s family residing with a player in cases in which the gambling takes place in their residence, he engages in conduct that materially aids any form of gambling activity. Conduct of this nature includes, but is not limited to, bookmaking, conduct directed toward the creation or establishment of the particular game, contest, scheme, device or activity involved, toward the acquisition or maintenance of premises, paraphernalia, equipment or apparatus therefor, toward the solicitation or inducement of persons to participate therein, toward the actual conduct of the playing phases thereof, toward the arrangement of any of its financial or recording phases, or toward any other phase of its operation. A person also advances gambling activity if, having substantial proprietary control or other authoritative control over premises being used with his knowledge for purposes of gambling activity, he permits that activity to occur or continue, or makes no effort to prevent its occurrence or continuation.

2. “Bookmaking” means advancing gambling activity by unlawfully accepting bets from members of the public as a business, rather than in a casual or personal fashion, upon the outcomes of future contingent events.

3. CONTEST OF CHANCE. “Contest of chance” means any game, contest, scheme or device in which:

A. A person stakes or risks something of value for the opportunity to win something of value;

B. The rules of operation or play require an event the result of which is determined by chance, outside the control of the contestant or participant; and

C. Chance enters as an element that influences the outcome in a manner that can not be eliminated through the application of skill.

For the purposes of this subsection, “an event the result of which is determined by chance” includes but is not limited to a shuffle of a deck or decks of cards, a roll of a die or dice or a random drawing or generation of an object or objects that may include, but are not limited to, a card or cards, a die or dice, a number or numbers or simulations of any of these. A shuffle of a deck or decks of cards, a roll of a die or dice, a random drawing or generation of an object or objects or some other event the result of which is determined by chance that is employed to determine impartially the initial order of play in a game, contest, scheme or device does not alone make a game, contest, scheme or device a game of chance.

4. “GAMBLING.” A person engages in gambling if he stakes or risks something of value upon the outcome of a contest of chance or a future contingent event not under his control or influence, upon an agreement or understanding that he or someone else will receive something of value in the event of a certain outcome. Gambling does not include bona fide business transactions valid under the law of contracts, including but not limited to contracts for the purchase or sale at a future date of securities or commodities, and agreements to compensate for loss caused by the happening of chance, including but not limited to contracts of indemnity or guaranty and life, health or accident insurance.

5. “Gambling device” means any device, machine, paraphernalia or equipment that is used or usable in the playing phases of any gambling activity, whether that activity consists of gambling between persons or gambling by a person involving the playing of a machine. However, lottery tickets and other items used in the playing phases of lottery schemes are not gambling devices within this definition.

5-A. “Illegal gambling machine” means any machine, including electronic devices, however operated:

A. The internal mechanism or components of which when set in motion or activated may deliver or entitle the person playing or operating the machine to receive cash, premiums, merchandise, tickets or something of value;

B. That is used to advance gambling activity;

C. That is not a machine that a person may lawfully operate pursuant to a license that has been issued under Title 17, chapter 62 or that is operated by the Department of Administrative and Financial Services, Bureau of Alcoholic Beverages and Lottery Operations; and

D. That is not a slot machine registered pursuant to Title 8, section 1020 and owned by a slot machine distributor licensed pursuant to Title 8, section 1013.

6. “Lottery” means an unlawful gambling scheme in which:

A. The players pay or agree to pay something of value for chances, represented and differentiated by numbers or by combinations of numbers or by some other medium, one or more of which chances are to be designated the winning ones; and

B. The winning chances are to be determined by a drawing or by some other method based on an element of chance; and

C. The holders of the winning chances are to receive something of value.

7. “Mutuel” means a form of lottery in which the winning chances or plays are not determined upon the basis of a drawing or other act on the part of persons conducting or connected with the scheme, but upon the basis of the outcome or outcomes of a future contingent event or events otherwise unrelated to the particular scheme.

8. “Player” means a person who engages in social gambling solely as a contestant or bettor on equal terms with the other participants therein without receiving or becoming entitled to receive something of value or any profit therefrom other than his personal gambling winnings. “Social gambling” is gambling, or a contest of chance, in which the only participants are players and from which no person or organization receives or becomes entitled to receive something of value or any profit whatsoever, directly or indirectly, other than as a player, from any source, fee, remuneration connected with said gambling, or such activity as arrangements or facilitation of the game, or permitting the use of premises, or selling or supplying for profit refreshments, food, drink service or entertainment to participants, players or spectators. A person who engages in “bookmaking” as defined in subsection 2 is not a “player.”

9. “PROFIT FROM GAMBLING ACTIVITY.” A person “profits from gambling activity” if, other than as a player, he accepts or receives money or other property pursuant to an agreement or understanding with any person whereby he participates or is to participate in the proceeds of gambling activity.

10. “Something of value” means any money or property, any token, object or article exchangeable for money or property, or any form of credit or promise directly or indirectly contemplating transfer of money or property, or of any interest therein, or involving extension of a service, entertainment or a privilege of playing at a game or scheme without charge.

11. “Unlawful” means not expressly authorized by statute. An activity not expressly authorized by statute does not cease to be unlawful solely because it is authorized under federal law or the laws of another state or jurisdiction.

954. Unlawful gambling

1. Any person is guilty of unlawful gambling if that person intentionally or knowingly advances or profits from unlawful gambling activity.

1-A. A person is guilty of unlawful gabling if the person is under 21 years of age and plays a slot machine as defined in Title 8, section 1001, subsection 39.

2. Unlawful gambling is a Class D crime. [Editor’s Note: A Class D crime is punishable by one to three years in prison.]

3. A person convicted of a violation under this section must forfeit to the State all income associated with that violation.

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