1 CCR 203-2, Regulation 47-922 - Gambling

Basis and Purpose. The statutory authority for this regulation includes, but is not limited to, subsections 18-10-102(2), 18-10-102(3), 18-10.5-102(2), 18-10.5-102 (3.5), 18-10.5-102(6), 44-3-202(1)(b), 44-3-202(2)(a)(I)(M), 44-3-901(6)(n), and 44-30-103(30)(a), C.R.S. The purpose of this regulation is to clarify and define prohibited and permitted activities, games, and equipment on the licensed premises concerning gambling.

A. Activities prohibited.

1. No person licensed under Article 3, Article 4 or Article 5 of Title 44 to sell at retail shall authorize or permit on the licensed premises any gambling, or use of any gambling machine or device, or the use of any machine which may be used for gambling, or the use of any simulated gambling device, except as specifically authorized for a racetrack, pursuant to Article 32 of Title 44, C.R.S., or for limited gaming, pursuant to Article 30 of Title 44, C.R.S.

2. No person licensed under Article 3, Article 4 or Article 5 of Title 44 shall authorize or permit on the licensed premises the holding of any lottery, except as authorized by Article 40 of Title 44, C.R.S., and any rules and regulations promulgated thereunder. Nothing in this regulation shall be deemed to prohibit the conducting of games of chance authorized by the bingo and raffles law (Part 6 of Article 21 of Title 24, C.R.S.).

B. Equipment prohibited.

1. No person licensed under Article 3, Article 4 or Article 5 of Title 44 to sell at retail shall authorize, permit or possess on the licensed premises any table, machine, apparatus or device of a kind normally used for the purpose of gambling, or a simulated gambling device, except as specifically authorized and when licensed for limited gaming, pursuant to Article 30 of Title 44 C.R.S. Prohibited equipment shall include video poker machines and other devices, defined either as slot machines pursuant to section 44-30-103(30)(a), C.R.S., gambling devices, and simulated gambling devices.

C. Equipment permitted.

1. Nothing in this regulation shall be deemed to prohibit the use of bona fide amusement devices, such as pinball machines or pool tables, provided however that such devices do not and cannot be adjusted to pay anything of value, and that such devices are not used for gambling.

2. A licensee is permitted to conduct, on its licensed premises, tournaments or competitions involving games of skill as permitted by subsection 18-10-102(2)(a), C.R.S., including the awarding of prizes or other things of value to participants, in connection with the use or operation of devices such as and including, but not limited to:

a. Pool tables

b. Billiard tables

c. Pinball machines

d. Foosball machines

e. Basketball games

f. Air hockey games

g. Shuffleboard games

h. Dart games

i. Bowling games

j. Golf Games

3. Licensees will not be considered in violation of this regulation if they permit, on their licensed premises, card or similar games of chance to be played between natural persons whereas no person is engaging in gambling.

D. Inspections and records.

1. Licensees shall keep a complete set of records, including operating manuals, concerning any game machine or device maintained on their licensed premises. Licensees that do not own their machines or devices shall be required to maintain a copy of their current contract with the vendor. This contract at a minimum shall detail the division of profits between the parties and how monies will be accounted for, including the payment of any monies, credits, or any other thing of value to customers of the licensee. Copies of any outstanding notes or loans between the parties must also be maintained by the licensee.

2. Licensees shall make available without delay to agents of the state or local licensing authority access to the interiors of any machine or device or simulated gambling device, maintained upon the licensed premises to assist in the determination of whether or not said machine or device is permitted or prohibited equipment.

E. Definitions

1. For purposes of this rule, "gambling device" means any device, machine, paraphernalia, or equipment 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; except that the term does not include a crane game, as defined in section 44-30-103(9), C.R.S.

2. For purposes of this rule, "simulated gambling device" means a mechanically or electronically operated machine, network, system, program, or device that is used by an entrant and that displays simulated gambling displays on a screen or other mechanism at a business location, including a private club, that is owned, leased, or otherwise possessed, in whole or in part, by a person conducting the game or by that person's partners, affiliates, subsidiaries, agents, or contractors; except that the term does not include bona fide amusement devices, as authorized in section 44-3-103(47), that pay nothing of value, cannot be adjusted to pay anything of value, and are not used for gambling.

a. "Simulated gambling device" includes:

i. A video poker game or any other kind of video card game;

ii. A video bingo game;

iii. A video craps game;

iv. A video keno game;

v. A video lotto game;

vi. A video roulette game;

vii. A pot-of-gold;

viii. An eight-liner;

ix. A video game based on or involving the random or chance matching of different pictures, words, numbers, or symbols;

x. An electronic gaming machine, including a personal computer of any size or configuration that performs any of the functions of an electronic gaming machine;

xi. A slot machine, where results are determined by reason of the skill of the player or the application of the element of chance, or both, as provided by section 9(4)(c) of article XVIII of the Colorado constitution; and

xii. A device that functions as, or simulates the play of, a slot machine, where results are determined by reason of the skill of the player or the application of the element of chance, or both, as provided by section 9(4)(c) of article XVIII of the Colorado constitution.

b. "Simulated gambling device" does not include any pari-mutuel totalisator equipment that is used for pari-mutuel wagering on live or simulcast racing events and that has been approved by the director of the division of racing events for entities authorized and licensed under article 32 of title 44.

3. For purposes of this rule, "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 endurance in which awards are made only to entrants or the owners of entries;

b. Bona fide business transactions which are valid under the law of contracts;

c. Other acts or transactions now or hereafter expressly authorized by law;

d. Any game, wager, or transaction that 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;

e. Any use of or transaction involving a crane game, as defined in section 44-30-103(9); or

f. Sports betting conducted in accordance with part 15 of article 30 of title 44 and applicable rules of the limited gaming control commission.

Notes

1 CCR 203-2, Regulation 47-922

46 CR 23, December 10, 2023, effective 1/1/2024