CO Code § 44-30-103 (2021)
2021 Colorado Code|Title 44 - Revenue - Regulation of Activities|Article 30 - Colorado Limited Gaming Act|Part 1 - General Provisions|§ 44-30-103. Definitions

 As used in this article 30, unless the context otherwise requires:    “Adjusted gross proceeds”, except with respect to games of poker, means the total amount of all wagers made by players on limited gaming less all payments to players; and payment to players shall include all payments of cash premiums, merchandise, tokens, redeemable game credits, or any other thing of value. With respect to games of poker, “adjusted gross proceeds” means any sums wagered in a poker hand that may be retained by the licensee as compensation and are consistent with the minimum and maximum amounts established by the Colorado limited gaming control commission.    “Applicant” means any person who has applied for a license or registration under this article 30 or who has applied for permission to engage in any act or activity that is regulated by this article 30.      “Associated equipment” means a device, piece of equipment, or system used remotely or directly in connection with gaming or any game. The term includes a device, piece of equipment, or system used to monitor, collect, or report gaming transactions data or to calculate adjusted gross proceeds and gaming taxes.    “Associated equipment” does not include equipment that meets the definition of a “gaming device” or “gaming equipment” in subsection (13) of this section.       “Associated equipment supplier” means a person who imports, manufactures, distributes, or otherwise provides associated equipment for use in Colorado. The term does not include a person licensed as a slot machine manufacturer or distributor under part 5 of this article 30.    “Bet” means an amount placed as a wager in a game of chance or on a sports event, as defined in section 44-30-1501 (12).    “Blackjack” means a banking card game commonly known as “21” or “blackjack” in which each player bets against the dealer. The object is to draw cards whose value will equal or approach twenty-one without exceeding that amount and win amounts bet, payable by the dealer, if the player holds cards more valuable than the dealer's cards.    “Certified local government” means any local government certified by the state historic preservation officer pursuant to the provisions of 54 U.S.C. sec. 302503.    “Commission” means the Colorado limited gaming control commission.    “Crane game” means an amusement machine that, upon insertion of a coin, bill, token, or similar object, allows the player to use one or more buttons, joysticks, or other controls to maneuver a crane or claw over a nonmonetary prize, toy, or novelty, none of which shall have a cost of more than twenty-five dollars, and then, using the crane or claw, to attempt to retrieve the prize, toy, or novelty for the player.    “Craps” means a game played by one or more players against a casino using two dice, in which players bet upon the occurrence of specific combinations of numbers shown by the dice on each throw.    “Director” means the director of the division of gaming.    “Division” means the division of gaming.    “Gaming device” or “gaming equipment” means any equipment or mechanical, electromechanical, or electronic contrivance, component, or machine used remotely or directly in connection with gaming or any game. The term includes a system for processing information that can alter the normal criteria of random selection affecting the operation, or determining the outcome, of a game. The term includes a physical or electronic version of a slot machine, poker table, blackjack table, craps table, roulette table, dice, and the cards used to play poker and blackjack.    “Gaming employee” means any person employed by an operator or retailer hosting gaming to work directly with the gaming portion of the operator's or retailer's business, who shall be twenty-one years of age or older and hold a support license. Persons deemed to be gaming employees shall include, but shall not be limited to:   Dealers;    Change and counting room personnel;    Cashiers;    Floormen;    Cage personnel;    Slot machine repairmen or mechanics;    Persons who accept or transport gaming revenues;    Security personnel;    Shift or pit bosses;    Floor managers;    Supervisors;    Slot machine and slot booth personnel;    Any person involved in the handling, counting, collecting, or exchanging of money, property, checks, credit, or any representative of value, including, without limitation:   Any coin, token, chip, cash premium, merchandise, redeemable game credits, or any other thing of value; or    The payoff from any game, gaming, or gaming device;       Craps table personnel and roulette table personnel; and    Any other persons that the commission shall by rule determine.       “Gaming license” means any license issued by the commission pursuant to this article 30 that authorizes any person to engage in gaming within the cities of Central, Black Hawk, or Cripple Creek.    “Immediate family” means a person's spouse and any children actually living with the person.    “Key employee” means any executive, employee, or agent of a gaming licensee or sports betting licensee having the power to exercise a significant influence over decisions concerning any part of the operation of the gaming licensee or sports betting licensee.    “Licensed gaming establishment” means any premises licensed pursuant to this article 30 for the conduct of gaming.    “Licensed premises” means that portion of any premises licensed for the conduct of limited gaming. Nothing pursuant to this subsection (19) shall be construed to prohibit the affected local governing authority from otherwise determining the size of any building. In no event shall the licensed premises exceed thirty-five percent of the square footage of any building and no more than fifty percent of any one floor of the building.    “Licensee” means any person licensed under this article 30.    “Licensing authority” means the Colorado limited gaming control commission.    “Limited card games and slot machines”, “limited gaming”, or “gaming” means physical and electronic versions of slot machines, craps, roulette, and the card games of poker and blackjack authorized by this article 30, as well as such other games as are approved by the voters of Central, Black Hawk, or Cripple Creek at a local election held in each city to control the conduct of gaming in that jurisdiction, and defined and regulated by the commission, each game having a maximum single bet as approved by the voters of Central, Black Hawk, or Cripple Creek at a local election held in each city to control the conduct of gaming in that jurisdiction.    “Operator” means any person who places slot machines upon the person's business premises or any person who, individually or jointly, pursuant to an agreement whereby consideration is paid for the right to place slot machines on another's business premises, engages in the business of placing and operating slot machines on retail premises within the cities of Central, Black Hawk, or Cripple Creek.    “Person” means an individual, partnership, business trust, government or governmental subdivision or agency, estate, association, trust, for profit corporation, nonprofit corporation, organization, or any other legal entity or a manager, agent, servant, officer, or employee thereof.      “Poker” means a card game played by a player or players who are dealt cards by a dealer. The object of the game is:   For each player to bet the superiority of such player's hand and win the other players' bets by either making a bet no other player is willing to match or proving to hold the most valuable cards after all the betting is over; or    For each player, whether by reason of the skill of the player or application of the element of chance, or both, to hold a poker hand entitled to a monetary or premium return based upon a publicly available pay schedule.       In a variation of poker in which there can be more than one winning hand and the dealer's participation is necessary or desirable to improve the game for players other than the dealer, the dealer may play, but under no circumstances may the dealer place a wager in any game in which he or she is dealing. A game in which the player holding the highest-scoring hand splits his or her winnings with the player holding the lowest-scoring hand does not qualify as a “variation of poker in which there can be more than one winning hand” for purposes of this subsection (25)(b).       “Repeating gambling offender” shall have the same meaning as set forth in section 18-10-102 (9).    “Retailer” means any licensee who maintains gaming at his or her place of business within the cities of Central, Black Hawk, or Cripple Creek for use and operation by the public.    “Retail space” means the area where a retailer's business is principally conducted.    “Roulette” means a game in which a ball is spun on a rotating wheel and drops into a numbered slot on the wheel, and bets are placed on which slot the ball will come to rest in.      “Slot machine” means any mechanical, electrical, video, electronic, or other device, contrivance, or machine which, after insertion of a coin, token, or similar object, or upon payment of any required consideration whatsoever by a player, is available to be played or operated, and that, whether by reason of the skill of the player or application of the element of chance, or both, may deliver or entitle the player operating the machine to receive cash premiums, merchandise, tokens, or redeemable game credits, or any other thing of value other than unredeemable free games, whether the payoff is made automatically from the machines or in any other manner.    “Slot machine” does not include:   A vintage slot machine model that:   Was introduced on the market before 1984;    Does not contain component parts manufactured in 1984 or thereafter; and    Is not used for gambling purposes or in connection with limited gaming; or       Crane games.          “Slot machine distributor” means any person who imports into this state, or first receives in this state, slot machines, or who sells, leases, for a fixed or flat fee, or distributes slot machines in this state; except that “slot machine distributor” does not include operators licensed in this state.    “Slot machine manufacturer” means any person who designs, assembles, fabricates, produces, constructs, or otherwise prepares a complete or component part of a slot machine, other than tables or cabinetry; except that “slot machine manufacturer” does not include licensed operators performing incidental repairs on their own slot machines or slot machines leased or distributed by them. A licensed slot machine manufacturer may sell slot machines, or components of slot machines, of its own manufacture to licensed slot machine distributors or operators. A licensed manufacturer may also import those slot machine parts or components necessary for its manufacturing operations. (32.5) “Sports betting” means placing one or more bets in a sports betting operation, as defined in section 44-30-1501 (10) .    “Suitability” or “suitable” means, in relation to a person, the ability to be licensed by the commission and, in relation to acts or practices, lawful acts or practices.    “Unsuitability or unsuitable” means, in relation to a person, the inability to be licensed by the commission because of prior acts, associations, or financial conditions, and, in relation to acts or practices, those that violate or would violate the statutes or rules or are or would be contrary to the declared legislative purposes of this article 30.    “Within the cities of Central, Black Hawk, or Cripple Creek” means within the commercial district of any of those cities as specified in section 44-30-105.     History. Source: L. 2018: Entire article added with relocations,(SB 18-034), ch. 14, p. 169, § 2, effective October 1. L. 2019: (5) and (17) amended and (32.5) added,(HB 19-1327), ch. 347, p. 3210, § 2, effective May 1, 2020. Initiated 2020: (22) amended, Amendment 77, effective May 1, 2021. See L. 2021, p. 4210 . L. 2021: (6) amended,(HB 21-1296), ch. 386, p. 2585, § 1, effective June 30.    Editor's note:    This section is similar to former § 12-47.1-103 as it existed prior to 2018.    Section 16(2) of chapter 347 (HB 19-1327), Session Laws of Colorado 2019, provides that changes to this section take effect May 1, 2020, only if, at the November 2019 statewide election, a majority of voters approve the ballot question submitted pursuant to § 44-30-1514. That ballot question, referred to the registered electors as proposition DD, was approved on November 5, 2019, and was proclaimed by the Governor on December 20, 2019. The vote count for the measure was as follows:    Subsection (22) was amended by Amendment 77, effective May 1, 2021. The proclamation of the governor was December 31, 2020. The vote count for the measure at the general election held November 3, 2020, was as follows:     FOR: :u780 800,745   AGAINST: :u780 756,712   FOR: :u780 1,854,153   AGAINST: :u780 1,208,414   ANNOTATION   Annotator's note. Since § 44-30-103 is similar to § 12-47.1-103 as it existed prior to its 2018 relocation to this section, relevant cases construing that provision have been included in the annotations to this section.   License conditions and revocation authorized by law and constitution. The gaming commission was within its statutory authority in conditioning a key employee license on payment of back child support and taxes and revoking such license for failure to comply with such conditions. The gaming commission did not abuse its discretion or violate due process in so revoking the license where the licensee was given a reasonable opportunity to comply with such conditions, failed to provide requested income tax returns, and made false statements of material fact to the investigator regarding the filing of tax returns and where the gaming commission provided the licensee with substantial evidentiary leeway, allowed the licensee to cross-examine and impeach the investigator, and gave the licensee the opportunity to argue the proper standard for license revocation. Feeney v. Colo. Ltd. Gaming Control Comm'n, 890 P.2d 173 (Colo. App. 1994).   Commission did not err in concluding that 21 Superbucks does not constitute a legally permissible slot machine. Subsection (26) defines “slot machine” to mean a mechanical device which, upon the insertion of a coin, may entitle a player to cash. 21 Superbucks relies, however, not only on a coin or token, but also on the deal of a traditional blackjack hand. Furthermore, there is no indication that the numerous express controls placed on slot machines under the detailed regulations in Colorado gaming control commission rule 12 are a part of the operation of 21 Superbucks. Purcell v. Colo. Div. of Gaming, 924 P.2d 1203 (Colo. App. 1996).   Limited gaming control commission acted properly and within its authority in promulgating regulation defining otherwise undefined term “payment to players”. Tivolino Teller House, Inc. v. Fagan, 926 P.2d 1208 (Colo. 1996).   Casino's promotional slot club payouts are not deductible as “payments to players” for computing taxable adjusted gross proceeds where a player receives a bonus point for every dollar he or she spends on a machine that may then be redeemed in 200 point increments and player receives one dollar for every 200 points redeemed. Tivolino Teller House, Inc. v. Fagan, 926 P.2d 1208 (Colo. 1996).