N.Y. PEN Law § 225.00 — New York Code / Act PEN / Part 3 / Title M / Article 225 / Section 225.00
Gambling offenses; definitions of terms
Status: in_force

§ 225.00 Gambling offenses; definitions of terms.\n  The following definitions are applicable to this article:\n  1. "Contest of chance" means any contest, game, gaming scheme or\ngaming device in which the outcome depends in a material degree upon an\nelement of chance, notwithstanding that skill of the contestants may\nalso be a factor therein.\n  2. "Gambling." A person engages in gambling when he stakes or risks\nsomething of value upon the outcome of a contest of chance or a future\ncontingent event not under his control or influence, upon an agreement\nor understanding that he will receive something of value in the event of\na certain outcome.\n  3. "Player" means a person who engages in any form of gambling solely\nas a contestant or bettor, without receiving or becoming entitled to\nreceive any profit therefrom other than personal gambling winnings, and\nwithout otherwise rendering any material assistance to the\nestablishment, conduct or operation of the particular gambling activity.\nA person who gambles at a social game of chance on equal terms with the\nother participants therein does not otherwise render material assistance\nto the establishment, conduct or operation thereof by performing,\nwithout fee or remuneration, acts directed toward the arrangement or\nfacilitation of the game, such as inviting persons to play, permitting\nthe use of premises therefor and supplying cards or other equipment used\ntherein. A person who engages in "bookmaking", as defined in this\nsection is not a "player."\n  4. "Advance gambling activity." A person "advances gambling activity"\nwhen, acting other than as a player, he engages in conduct which\nmaterially aids any form of gambling activity. Such conduct includes but\nis not limited to conduct directed toward the creation or establishment\nof the particular game, contest, scheme, device or activity involved,\ntoward the acquisition or maintenance of premises, paraphernalia,\nequipment or apparatus therefor, toward the solicitation or inducement\nof persons to participate therein, toward the actual conduct of the\nplaying phases thereof, toward the arrangement of any of its financial\nor recording phases, or toward any other phase of its operation. One\nadvances gambling activity when, having substantial proprietary or other\nauthoritative control over premises being used with his knowledge for\npurposes of gambling activity, he permits such to occur or continue or\nmakes no effort to prevent its occurrence or continuation.\n  5. "Profit from gambling activity." A person "profits from gambling\nactivity" when, other than as a player, he accepts or receives money or\nother property pursuant to an agreement or understanding with any person\nwhereby he participates or is to participate in the proceeds of gambling\nactivity.\n  6. "Something of value" means any money or property, any token, object\nor article exchangeable for money or property, or any form of credit or\npromise directly or indirectly contemplating transfer of money or\nproperty or of any interest therein, or involving extension of a\nservice, entertainment or a privilege of playing at a game or scheme\nwithout charge.\n  7. "Gambling device" means any device, machine, paraphernalia or\nequipment which is used or usable in the playing phases of any gambling\nactivity, whether such activity consists of gambling between persons or\ngambling by a person involving the playing of a machine. Notwithstanding\nthe foregoing, lottery tickets, policy slips and other items used in the\nplaying phases of lottery and policy schemes are not gambling devices.\n  7-a. A "coin operated gambling device" means a gambling device which\noperates as a result of the insertion of something of value. A device\ndesigned, constructed or readily adaptable or convertible for such use\nis a coin operated gambling device notwithstanding the fact that it may\nrequire adjustment, manipulation or repair in order to operate as such.\nA machine which awards free or extended play is not a gambling device\nmerely because such free or extended play may constitute something of\nvalue provided that the outcome depends upon the skill of the player and\nnot in a material degree upon an element of chance.\n  8. "Slot machine" means a gambling device which, as a result of the\ninsertion of a coin or other object, operates, either completely\nautomatically or with the aid of some physical act by the player, in\nsuch manner that, depending upon elements of chance, it may eject\nsomething of value. A device so constructed, or readily adaptable or\nconvertible to such use, is no less a slot machine because it is not in\nworking order or because some mechanical act of manipulation or repair\nis required to accomplish its adaptation, conversion or workability. Nor\nis it any less a slot machine because, apart from its use or\nadaptability as such, it may also sell or deliver something of value on\na basis other than chance. A machine which sells items of merchandise\nwhich are of equivalent value, is not a slot machine merely because such\nitems differ from each other in composition, size, shape or color.\n  9. "Bookmaking" means advancing gambling activity by unlawfully\naccepting bets from members of the public as a business, rather than in\na casual or personal fashion, upon the outcomes of future contingent\nevents.\n  10. "Lottery" means an unlawful gambling scheme in which (a) the\nplayers pay or agree to pay something of value for chances, represented\nand differentiated by numbers or by combinations of numbers or by some\nother media, one or more of which chances are to be designated the\nwinning ones; and (b) the winning chances are to be determined by a\ndrawing or by some other method based upon the element of chance; and\n(c) the holders of the winning chances are to receive something of value\nprovided, however, that in no event shall the provisions of this\nsubdivision be construed to include a raffle as such term is defined in\nsubdivision three-b of section one hundred eighty-six of the general\nmunicipal law.\n  11. "Policy" or "the numbers game" means a form of lottery in which\nthe winning chances or plays are not determined upon the basis of a\ndrawing or other act on the part of persons conducting or connected with\nthe scheme, but upon the basis of the outcome or outcomes of a future\ncontingent event or events otherwise unrelated to the particular scheme.\n  12. "Unlawful" means not specifically authorized by law.\n  13. "Authorized gaming establishment" means any structure, structure\nand adjacent or attached structure, or grounds adjacent to a structure\nin which casino gaming, conducted pursuant to article thirteen of the\nracing, pari-mutuel wagering and breeding law, or Class III gaming, as\nauthorized pursuant to a compact reached between the state of New York\nand a federally recognized Indian nation or tribe under the federal\nIndian Gaming Regulatory Act of 1988, is conducted and shall include all\npublic and non-public areas of any such building, except for such areas\nof a building where either Class I or II gaming are conducted or any\nbuilding or grounds known as a video gaming entertainment facility,\nincluding facilities where food and drink are served, as well as those\nareas not normally open to the public, such as where records related to\nvideo lottery gaming operations are kept, except shall not include the\nracetracks or such areas where such video lottery gaming operations or\nfacilities do not take place or exist, such as racetrack areas or\nfairgrounds which are wholly unrelated to video lottery gaming\noperations, pursuant to section sixteen hundred seventeen-a and\nparagraph five of subdivision a of section sixteen hundred twelve of the\ntax law, as amended and implemented.\n  14. "Authorized gaming operator" means an enterprise or business\nentity authorized by state or federal law to operate casino or video\nlottery gaming.\n  15. "Casino gaming" means games authorized to be played pursuant to a\nlicense granted under article thirteen of the racing, pari-mutuel\nwagering and breeding law or by federally recognized Indian nations or\ntribes pursuant to a gaming compact reached in accordance with the\nfederal Indian Gaming Regulatory Act of 1988, Pub. L. 100-497, 102 Stat.\n2467, codified at 25 U.S.C. §§ 2701-21 and 18 U.S.C. §§ 1166-68.\n  16. "Cash equivalent" means a treasury check, a travelers check, wire\ntransfer of funds, transfer check, money order, certified check,\ncashiers check, payroll check, a check drawn on the account of the\nauthorized gaming operator payable to the patron or to the authorized\ngaming establishment, a promotional coupon, promotional chip,\npromotional cheque, promotional token, or a voucher recording cash drawn\nagainst a credit card or charge card.\n  17. "Cheques" or "chips" or "tokens" means nonmetal, metal or partly\nmetal representatives of value, redeemable for cash or cash equivalent,\nand issued and sold by an authorized casino operator for use at an\nauthorized gaming establishment. The value of such cheques or chips or\ntokens shall be considered equivalent in value to the cash or cash\nequivalent exchanged for such cheques or chips or tokens upon purchase\nor redemption.\n  18. "Class I gaming" and "Class II gaming" means those forms of gaming\nthat are not Class III gaming, as defined in subsection eight of section\nfour of the federal Indian Gaming Regulatory Act, 25 U.S.C. § 2703.\n  19. "Class III gaming" means those forms of gaming that are not Class\nI or Class II gaming, as defined in subsections six and seven of section\nfour of the federal Indian Gaming Regulatory Act, 25 U.S.C. § 2703 and\nthose games enumerated in the Appendix of a gaming compact.\n  20. "Compact" or "gaming compact" means the agreement between a\nfederally recognized Indian tribe and the state of New York regarding\nClass III gaming activities entered into pursuant to the federal Indian\nGaming Regulatory Act, Pub. L. 100-497, 102 Stat. 2467, codified at 25\nU.S.C. §§ 2701-21 and 18 U.S.C. §§ 1166-68 (1988 & Supp. II).\n  21. "Gaming equipment or device" means any machine or device which is\nspecially designed or manufactured for use in the operation of any Class\nIII or video lottery game.\n  22. "Gaming regulatory authority" means, with respect to any\nauthorized gaming establishment on Indian lands, territory or\nreservation, the Indian nation or tribal gaming commission, its\nauthorized officers, agents and representatives acting in their official\ncapacities or such other agency of a nation or tribe as the nation or\ntribe may designate as the agency responsible for the regulation of\nClass III gaming, jointly with the state gaming agency, conducted\npursuant to a gaming compact between the nation or tribe and the state\nof New York, or with respect to any casino gaming authorized pursuant to\narticle thirteen of the racing, pari-mutuel wagering and breeding law or\nvideo lottery gaming conducted pursuant to section sixteen hundred\nseventeen-a and paragraph five of subdivision a of section sixteen\nhundred twelve of the tax law, as amended and implemented.\n  23. "Premises" includes any structure, parking lot, building, vehicle,\nwatercraft, and any real property.\n  24. "Sell" means to sell, exchange, give or dispose of to another.\n  25. "State gaming agency" shall mean the New York state gaming\ncommission, its authorized officials, agents, and representatives acting\nin their official capacities as the regulatory agency of the state which\nhas responsibility for regulation with respect to video lottery gaming\nor casino gaming.\n  26. "Unfair gaming equipment" means loaded dice, marked cards,\nsubstituted cards or dice, or fixed roulette wheels or other gaming\nequipment which has been altered in a way that tends to deceive or tends\nto alter the elements of chance or normal random selection which\ndetermine the result of the game or outcome, or the amount or frequency\nof the payment in a game.\n  27. "Unlawful gaming property" means:\n  (a) any device, not prescribed for use in casinio gaming by its rules,\nwhich is capable of assisting a player:\n  (i) to calculate any probabilities material to the outcome of a\ncontest of chance; or\n  (ii) to receive or transmit information material to the outcome of a\ncontest of chance; or\n  (b) any object or article which, by virtue of its size, shape or any\nother quality, is capable of being used in casino gaming as an improper\nsubstitute for a genuine chip, cheque, token, betting coupon, debit\ninstrument, voucher or other instrument or indicia of value; or\n  (c) any unfair gaming equipment.\n  28. "Video lottery gaming" has the meaning set forth in subdivision\nsix of section sixteen hundred two of the tax law.\n  29. "Voucher" means an instrument of value generated by a video\nlottery terminal representing a monetary amount and/or play value owed\nto a customer at a specific video lottery terminal based on video\nlottery gaming winnings and/or amounts not wagered.\n