Missouri Revised Statutes













Chapter 572

Gambling

←572.010

Section 572.010.2

572.015→

August 28, 2015

Until December 31, 2016--Chapter definitions.

572.010. As used in this chapter:



(1) "Advance gambling activity", a person "advances gambling activity"

if, acting other than as a player, he engages in conduct that materially aids

any form of gambling activity. Conduct of this nature includes but is not

limited to conduct directed toward the creation or establishment of the

particular game, lottery, 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 or communication of any of its financial or recording

phases, or toward any other phase of its operation. A person 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. The supplying,

servicing and operation of a licensed excursion gambling boat under sections

313.800 to 313.840 does not constitute advancing gambling activity;



(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" 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 the skill of the contestants may also be a

factor therein;



(4) "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. 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; nor does gambling include playing an amusement

device that confers only an immediate right of replay not exchangeable for

something of value. Gambling does not include any licensed activity, or

persons participating in such games which are covered by sections 313.800 to

313.840;



(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 with a machine. However, lottery tickets, policy slips

and other items used in the playing phases of lottery and policy schemes are

not gambling devices within this definition;



(6) "Gambling record" means any article, instrument, record, receipt,

ticket, certificate, token, slip or notation used or intended to be used in

connection with unlawful gambling activity;



(7) "Lottery" or "policy" means an unlawful gambling scheme in which for

a consideration the participants are given an opportunity to win something of

value, the award of which is determined by chance;



(8) "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

subdivision (2) of this section is not a "player";



(9) "Professional player" means a player who engages in gambling for a

livelihood or who has derived at least twenty percent of his income in any

one year within the past five years from acting solely as a player;



(10) "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;



(11) "Slot machine" means a gambling device that 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 a 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;



(12) "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;



(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 11-03-92



*This section was amended by S.B. 491, 2014, effective 1-01-17. Due

to the delayed effective date, both versions of this section are

printed here.







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