Coin Slot Magazine - #084 - 1982 - February [International Arcade Museum]
force from and after its passage." Approved February 11,1949.
Cited: City of Piggott v. Eblen, 236 Ark. 390, 366 S.W.2d 192
(1963).
84-2618. Unlawful to operate slot machine or vending
machine without license — Penalty. — It shall be
unlawful for any person, firm or corporation, or agents or
receiver thereof, to operate or permit the operation of any
of the machines mentioned in section 1 [§ 84-2604] of this
act without having first paid the license fee provided for
herein and the operators of such machines shall affix to
said machines the license permit before operating same.
Anyone found guilty of violating this section of this act
shall be fined in the sum of $25.00 and each day that such
machine or machines are operated, without having paid
said tax, or having affixed license permit as aforesaid, shall
constitute a separate offense. [Acts 1931, No. 167 § 4 p.
472; 1933, No. 137, § 4, p. 442; Pope's dig., § 13423.)
Section to Section References, this section is referred to in §
13-503.6.
STATE OF
COLORADO
••••••••••••
18-10-102. Definitions. As used in this article, unless
the context otherwise requires:
(1) "Gain" means the direct realization of winnings;
"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 transactiona
(2) "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, but does not include:
(a) Bona fide contests of skill, speed, strength, or endur
ance in which awards are made only to entrants or the
owners of entries; or
(b) Bona fide business transactions which are valid
whether of man or beast, when practiced for the purpose of
deciding wagers, as well as games of hazard or skill by means of
instruments or devices. Everhart v. People, 54 Colo. 272, 130 P.
1076(1913).
Definition of gambling devices pertains to use. The words
"gambling device or apparatus" do not mean literally instrumental
ities with appliances adapted and essential to particular games,
but include any species of device or apparatus kept and used for
gambling, winning, betting, orgaining money or other property. It is
the use to which the article or thing is appropriated which renders
the keeping or exhibition thereof unlawful within the meaning of
the sections here involved. Everhart v. People, 54 Colo. 272,130 P.
1076(1913).
18-10-104. Gambling devices - gambling records -
gambling proceeds.
(1) Except as provided in subsection (2) of this section,
all gambling devices, gambling records, and gambling
proceeds are subject to seizure by any peace officer and
may be confiscated and destroyed by order of a court
acquiring jurisdiction. Gambling proceeds shall be forfeited
to the state and shall be transmitted by court order to the
general fund of the state.
(2) If a gambling device is an antique gambling device
and is not operated for gambling purposes for profit or for
business purposes, it shall not be confiscated or destroyed
pursuant to subsection (1) of this section. If a gambling
device is confiscated and the owner shows that such
gambling device is an antique gambling device and is not
used for gambling purposes, the court acquiring jurisdiction
shall order such gambling device returned to the person
from whom it was confiscated. For the purpose of this
section, a gambling device shall be conclusively presumed
to be an antique gambling device if it was manufactured
prior to 1950.
Source: Amended, L 79, p. 746, § 1.
In future issues of The Coin Slot, state laws
concerning the ownership of antique coin oper
ated machines will be reprinted to keep you
informed and updated on current legislation.
under the law of contracts; or
(c) Other acts or transactions now or hereafter expressly
authorized by law on
(d) 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 partici
pating, directly or indirectly, in professional gambling.
18-10-102. Definitions. (2) (e) Gambling conducted by an
organization pursuant to the provisions of section 12-47-
128(5)(n), C.R.S. 1973.
Source: Added, L 79, p. 557, § 3.
(3) "Gambling device" means any device, machine, par
aphernalia, or equipment that is used or usable in the
playing phases of any professional gambling activity,
whether that activity consists of gambling between persons
.com
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statute does not prohibit the playing
of games. s
u It e is only when they
fro or m
are made instruments of winning
losing
money or property that a
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criminal character o
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cad There being no enumeration
nl subjects
a
.
of specific o
games,
or
things, the general words used must
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be ascribed
: w meaning. Everhart v. People, 54 Colo.
p
272, 130 P. tt
1076(1913).
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or gambling by a person involving the playing of a machine.
The language of this section Is plain and unambiguous. The
Gambling
defined.
February 1982
Gambling
© The International Arcade Museum
includes
physical
contests
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