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The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Gain means the direct realization of winnings.

Gambling means risking any money, credit, deposit, or other thing of value for gain contingent in whole or in part upon lot, chance, the operation of a gambling device, or the happening or outcome of an event, including a sporting event, over which the person taking a risk has no control, as well as sports wagering or any game or gambling device that is conducted as, or meets the constitutional, statutory, or regulatory definition of, "limited gaming" (slot machine, poker, blackjack, roulette, and craps) under article XVIII, section 9 of the Colorado Constitution to be played only in the towns of Black Hawk, Central City, and Cripple Creek, but does not include:

(1) Bona fide contests of skill, speed, strength, or endurance which are not conducted using, offered to players by means of, or displayed on a gambling device and in which awards are made only to entrants or the owners of entries;

(2) Bona fide business transactions which are valid under the law of contracts;

(3) Other acts or transactions expressly authorized by law;

(4) Any game, wager or transaction which is incidental to a bona fide social relationship, is participated in by natural persons only, and in which no person is participating, directly or indirectly, in professional gambling;

(5) Any use of or transaction involving a crane game, as defined in C.R.S. § 12-47.1-103(5.5); or

(6) Parimutuel betting on live simulcast races by means of equipment, as well as on the licensed premises of in-state simulcast facilities, regulated by the state racing commission pursuant to state law.

Gambling device means any device, machine, paraphernalia or equipment, including but not limited to any device that satisfies the definition of "slot machine" in article XVIII, section 9 of the Colorado Constitution and also any electronic gaming machine connected to a centralized computer system that determines the outcome of each wager using a random number generator, that is used or usable in the playing phases of any professional gambling activity, whether that activity consists of gambling between persons or gambling by a person involving the playing of a machine and whether the outcome is determined by luck, skill, or a combination of luck and skill.

Gambling information means a communication with respect to any wager made in the course of and any information intended to be used for professional gambling. In the application of this definition, the following shall be presumed to be intended for use in professional gambling: information as to wagers, betting odds, or changes in betting odds. Legitimate news reporting of an event for public dissemination is not gambling information within the meaning of this division.

Gambling premises means any building, room, enclosure, vehicle, vessel, or other place, whether open or enclosed, used or intended to be used for professional gambling. In the application of this definition, any place where a gambling device is found is presumed to be intended to be used for professional gambling.

Gambling proceeds means all money or other things of value at stake or displayed in or in connection with professional gambling.

Gambling record means any written or electronic record, receipt, ticket, certificate, token, slip, or notation, or any computerized credit, that is given, made, used, or intended to be used in whole or in part, to facilitate professional gambling.

Professional gambling means:

(1) Aiding or inducing another to engage in gambling, with the intent to derive a profit therefrom;

(2) Participating in gambling and having, other than by virtue of skill or luck, a lesser chance of losing or a greater chance of winning than one or more of the other participants; or

(3) Participating in gambling, or aiding or inducing another person's participation in gambling, within a city-designated entertainment district.

Profit means any other realized or unrealized benefit, direct or indirect, including without limitation benefits from proprietorship, management, or unequal advantage in a series of transactions.

Sports wagering means placing or accepting bets that have an identifiable monetary value, in order to have the chance to win a monetary prize or valuable consideration, based upon:

(1) The final outcome or the result of any segment of, or any occurrence or set of occurrences in, a collegiate or other amateur athletic game, event, contest, tournament, or competition, regardless of location or the age or the level of skill of the entrants, contestants, or teams;

(2) The final outcome or the result of any segment of, or any occurrence or set of occurrences in, a professional athletic game, event, contest, tournament, or competition, regardless of location or the level of skill or professionalism of the entrants, contestants, or teams; or

(3) Both. (Code 1979, § 27-96; Ord. No. 2017-56, § 1, 10-30-2017)

Cross reference: Definitions generally, § 1-2.