N.Y. Penal Law § 225.00: Gambling offenses; definitions of terms

§ 225.00 Gambling offenses; definitions of terms.

The following definitions are applicable to this article:

1. "Contest of chance" means any contest, game, gaming scheme or

gaming device in which the outcome depends in a material degree upon an

element of chance, notwithstanding that skill of the contestants may

also be a factor therein.

2. "Gambling." A person engages in gambling when 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 will receive something of value in the event of

a certain outcome.

3. "Player" means a person who engages in any form of gambling solely

as a contestant or bettor, without receiving or becoming entitled to

receive any profit therefrom other than personal gambling winnings, and

without otherwise rendering any material assistance to the

establishment, conduct or operation of the particular gambling activity.

A person who gambles at a social game of chance on equal terms with the

other participants therein does not otherwise render material assistance

to the establishment, conduct or operation thereof by performing,

without fee or remuneration, acts directed toward the arrangement or

facilitation of the game, such as inviting persons to play, permitting

the use of premises therefor and supplying cards or other equipment used

therein. A person who engages in "bookmaking", as defined in this

section is not a "player."

4. "Advance gambling activity." A person "advances gambling activity"

when, acting other than as a player, he engages in conduct which

materially aids any form of gambling activity. Such conduct includes but

is not limited to 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. One

advances gambling activity when, having substantial proprietary or other

authoritative control over premises being used with his knowledge for

purposes of gambling activity, he permits such to occur or continue or

makes no effort to prevent its occurrence or continuation.

5. "Profit from gambling activity." A person "profits from gambling

activity" when, 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.

6. "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.

7. "Gambling device" means any device, machine, paraphernalia or

equipment which is used or usable in the playing phases of any gambling

activity, whether such activity consists of gambling between persons or

gambling by a person involving the playing of a machine. Notwithstanding

the foregoing, lottery tickets, policy slips and other items used in the

playing phases of lottery and policy schemes are not gambling devices.

7-a. A "coin operated gambling device" means a gambling device which

operates as a result of the insertion of something of value. A device

designed, constructed or readily adaptable or convertible for such use

is a coin operated gambling device notwithstanding the fact that it may

require adjustment, manipulation or repair in order to operate as such.

A machine which awards free or extended play is not a gambling device

merely because such free or extended play may constitute something of

value provided that the outcome depends upon the skill of the player and

not in a material degree upon an element of chance.

8. "Slot machine" means a gambling device which, as a result of the

insertion of a coin or other object, operates, either completely

automatically or with the aid of some physical act by the player, in

such manner that, depending upon elements of chance, it may eject

something of value. A device so constructed, or readily adaptable or

convertible to such use, is no less a slot machine because it is not in

working order or because some mechanical act of manipulation or repair

is required to accomplish its adaptation, conversion or workability. Nor

is it any less a slot machine because, apart from its use or

adaptability as such, it may also sell or deliver something of value on

a basis other than chance. A machine which sells items of merchandise

which are of equivalent value, is not a slot machine merely because such

items differ from each other in composition, size, shape or color.

9. "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.

10. "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 media, 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 upon the element of chance; and

(c) the holders of the winning chances are to receive something of value

provided, however, that in no event shall the provisions of this

subdivision be construed to include a raffle as such term is defined in

subdivision three-b of section one hundred eighty-six of the general

municipal law.

11. "Policy" or "the numbers game" 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.

12. "Unlawful" means not specifically authorized by law.

13. "Authorized gaming establishment" means any structure, structure

and adjacent or attached structure, or grounds adjacent to a structure

in which casino gaming, conducted pursuant to article thirteen of the

racing, pari-mutuel wagering and breeding law, or Class III gaming, as

authorized pursuant to a compact reached between the state of New York

and a federally recognized Indian nation or tribe under the federal

Indian Gaming Regulatory Act of 1988, is conducted and shall include all

public and non-public areas of any such building, except for such areas

of a building where either Class I or II gaming are conducted or any

building or grounds known as a video gaming entertainment facility,

including facilities where food and drink are served, as well as those

areas not normally open to the public, such as where records related to

video lottery gaming operations are kept, except shall not include the

racetracks or such areas where such video lottery gaming operations or

facilities do not take place or exist, such as racetrack areas or

fairgrounds which are wholly unrelated to video lottery gaming

operations, pursuant to section sixteen hundred seventeen-a and

paragraph five of subdivision a of section sixteen hundred twelve of the

tax law, as amended and implemented.

14. "Authorized gaming operator" means an enterprise or business

entity authorized by state or federal law to operate casino or video

lottery gaming.

15. "Casino gaming" means games authorized to be played pursuant to a

license granted under article thirteen of the racing, pari-mutuel

wagering and breeding law or by federally recognized Indian nations or

tribes pursuant to a gaming compact reached in accordance with the

federal Indian Gaming Regulatory Act of 1988, Pub. L. 100-497, 102 Stat.

2467, codified at 25 U.S.C. §§ 2701-21 and 18 U.S.C. §§ 1166-68.

16. "Cash equivalent" means a treasury check, a travelers check, wire

transfer of funds, transfer check, money order, certified check,

cashiers check, payroll check, a check drawn on the account of the

authorized gaming operator payable to the patron or to the authorized

gaming establishment, a promotional coupon, promotional chip,

promotional cheque, promotional token, or a voucher recording cash drawn

against a credit card or charge card.

17. "Cheques" or "chips" or "tokens" means nonmetal, metal or partly

metal representatives of value, redeemable for cash or cash equivalent,

and issued and sold by an authorized casino operator for use at an

authorized gaming establishment. The value of such cheques or chips or

tokens shall be considered equivalent in value to the cash or cash

equivalent exchanged for such cheques or chips or tokens upon purchase

or redemption.

18. "Class I gaming" and "Class II gaming" means those forms of gaming

that are not Class III gaming, as defined in subsection eight of section

four of the federal Indian Gaming Regulatory Act, 25 U.S.C. § 2703.

19. "Class III gaming" means those forms of gaming that are not Class

I or Class II gaming, as defined in subsections six and seven of section

four of the federal Indian Gaming Regulatory Act, 25 U.S.C. § 2703 and

those games enumerated in the Appendix of a gaming compact.

20. "Compact" or "gaming compact" means the agreement between a

federally recognized Indian tribe and the state of New York regarding

Class III gaming activities entered into pursuant to the federal Indian

Gaming Regulatory Act, Pub. L. 100-497, 102 Stat. 2467, codified at 25

U.S.C. §§ 2701-21 and 18 U.S.C. §§ 1166-68 (1988 & Supp. II).

21. "Gaming equipment or device" means any machine or device which is

specially designed or manufactured for use in the operation of any Class

III or video lottery game.

22. "Gaming regulatory authority" means, with respect to any

authorized gaming establishment on Indian lands, territory or

reservation, the Indian nation or tribal gaming commission, its

authorized officers, agents and representatives acting in their official

capacities or such other agency of a nation or tribe as the nation or

tribe may designate as the agency responsible for the regulation of

Class III gaming, jointly with the state gaming agency, conducted

pursuant to a gaming compact between the nation or tribe and the state

of New York, or with respect to any casino gaming authorized pursuant to

article thirteen of the racing, pari-mutuel wagering and breeding law or

video lottery gaming conducted pursuant to section sixteen hundred

seventeen-a and paragraph five of subdivision a of section sixteen

hundred twelve of the tax law, as amended and implemented.

23. "Premises" includes any structure, parking lot, building, vehicle,

watercraft, and any real property.

24. "Sell" means to sell, exchange, give or dispose of to another.

25. "State gaming agency" shall mean the New York state gaming

commission, its authorized officials, agents, and representatives acting

in their official capacities as the regulatory agency of the state which

has responsibility for regulation with respect to video lottery gaming

or casino gaming.

26. "Unfair gaming equipment" means loaded dice, marked cards,

substituted cards or dice, or fixed roulette wheels or other gaming

equipment which has been altered in a way that tends to deceive or tends

to alter the elements of chance or normal random selection which

determine the result of the game or outcome, or the amount or frequency

of the payment in a game.

27. "Unlawful gaming property" means:

(a) any device, not prescribed for use in casinio gaming by its rules,

which is capable of assisting a player:

(i) to calculate any probabilities material to the outcome of a

contest of chance; or

(ii) to receive or transmit information material to the outcome of a

contest of chance; or

(b) any object or article which, by virtue of its size, shape or any

other quality, is capable of being used in casino gaming as an improper

substitute for a genuine chip, cheque, token, betting coupon, debit

instrument, voucher or other instrument or indicia of value; or

(c) any unfair gaming equipment.

28. "Video lottery gaming" has the meaning set forth in subdivision

six of section sixteen hundred two of the tax law.

29. "Voucher" means an instrument of value generated by a video

lottery terminal representing a monetary amount and/or play value owed

to a customer at a specific video lottery terminal based on video

lottery gaming winnings and/or amounts not wagered.