2023 New York Laws › PEN - Penal › Part 3 - Specific Offenses › Title M - Offenses Against Public Health and Morals › Article 225 - Gambling Offenses › 225.00 - Gambling Offenses; Definitions of Terms.

§ 225.00 Gambling offenses; definitions of terms.
The following definitions are applicable to this article:
1.  "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 skill of the contestants may
also be a factor therein.
2. "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.
3.  "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 this
section is not a "player."
4. "Advance gambling activity." A person "advances gambling  activity"
when,  acting  other  than  as  a  player,  he  engages in conduct which
materially aids any form of gambling activity. Such conduct includes but
is not limited to conduct directed toward the creation or  establishment
of  the  particular  game, 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 of any of its financial
or recording phases, or toward any other phase  of  its  operation.  One
advances gambling activity when, having substantial proprietary or other
authoritative  control  over  premises being used with his knowledge for
purposes of gambling activity, he permits such to occur or  continue  or
makes no effort to prevent its occurrence or continuation.
5.  "Profit  from  gambling activity." A person "profits from gambling
activity" when, 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.
6. "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.
7.  "Gambling  device"  means  any  device,  machine, paraphernalia or
equipment which is used or usable in the playing phases of any  gambling
activity,  whether such activity consists of gambling between persons or
gambling by a person involving the playing of a machine. Notwithstanding
the foregoing, lottery tickets, policy slips and other items used in the
playing phases of lottery and policy schemes are not gambling devices.
7-a. A "coin operated gambling device" means a gambling  device  which
operates  as  a  result of the insertion of something of value. A device
designed, constructed or readily adaptable or convertible for  such  use

is  a coin operated gambling device notwithstanding the fact that it may
require adjustment, manipulation or repair in order to operate as  such.
A  machine  which  awards free or extended play is not a gambling device
merely  because  such  free or extended play may constitute something of
value provided that the outcome depends upon the skill of the player and
not in a material degree upon an element of chance.
8. "Slot machine" means a gambling device which, 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  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. A machine which sells items of merchandise
which are of equivalent value, is not a slot machine merely because such
items differ from each other in composition, size, shape or color.
9.  "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.
10.  "Lottery"  means  an  unlawful  gambling  scheme in which (a) the
players pay or agree to pay something of value for chances,  represented
and  differentiated  by numbers or by combinations of numbers or by some
other media, one or more of which  chances  are  to  be  designated  the
winning  ones;  and  (b)  the  winning chances are to be determined by a
drawing or by some other method based upon the element  of  chance;  and
(c) the holders of the winning chances are to receive something of value
provided,  however,  that  in  no  event  shall  the  provisions of this
subdivision be construed to include a raffle as such term is defined  in
subdivision  three-b  of  section  one hundred eighty-six of the general
municipal law.
11. "Policy" or "the numbers game" means a form of  lottery  in  which
the  winning  chances  or  plays  are not determined upon the basis of a
drawing or other act on the part of persons conducting or connected with
the scheme, but upon the basis of the outcome or outcomes  of  a  future
contingent event or events otherwise unrelated to the particular scheme.
12. "Unlawful" means not specifically authorized by law.
13.  "Authorized  gaming establishment" means any structure, structure
and adjacent or attached structure, or grounds adjacent to  a  structure
in  which  casino  gaming, conducted pursuant to article thirteen of the
racing, pari-mutuel wagering and breeding law, or Class III  gaming,  as
authorized  pursuant  to a compact reached between the state of New York
and a federally recognized Indian nation  or  tribe  under  the  federal
Indian Gaming Regulatory Act of 1988, is conducted and shall include all
public  and non-public areas of any such building, except for such areas
of a building where either Class I or II gaming  are  conducted  or  any
building  or  grounds  known  as  a video gaming entertainment facility,
including facilities where food and drink are served, as well  as  those
areas  not normally open to the public, such as where records related to
video lottery gaming operations are kept, except shall not  include  the
racetracks  or  such areas where such video lottery gaming operations or
facilities do not take place  or  exist,  such  as  racetrack  areas  or
fairgrounds   which   are  wholly  unrelated  to  video  lottery  gaming
operations,  pursuant  to  section  sixteen  hundred   seventeen-a   and

paragraph five of subdivision a of section sixteen hundred twelve of the
tax law, as amended and implemented.
14.  "Authorized  gaming  operator"  means  an  enterprise or business
entity authorized by state or federal law to  operate  casino  or  video
lottery gaming.
15.  "Casino gaming" means games authorized to be played pursuant to a
license granted  under  article  thirteen  of  the  racing,  pari-mutuel
wagering  and  breeding law or by federally recognized Indian nations or
tribes pursuant to a gaming  compact  reached  in  accordance  with  the
federal Indian Gaming Regulatory Act of 1988, Pub. L. 100-497, 102 Stat.
2467, codified at 25 U.S.C. §§ 2701-21 and 18 U.S.C. §§ 1166-68.
16.  "Cash equivalent" means a treasury check, a travelers check, wire
transfer  of  funds,  transfer  check,  money  order,  certified  check,
cashiers  check,  payroll  check,  a  check  drawn on the account of the
authorized gaming operator payable to the patron or  to  the  authorized
gaming   establishment,   a   promotional   coupon,   promotional  chip,
promotional cheque, promotional token, or a voucher recording cash drawn
against a credit card or charge card.
17. "Cheques" or "chips" or "tokens" means nonmetal, metal  or  partly
metal  representatives of value, redeemable for cash or cash equivalent,
and issued and sold by an authorized  casino  operator  for  use  at  an
authorized  gaming  establishment. The value of such cheques or chips or
tokens shall be considered equivalent in  value  to  the  cash  or  cash
equivalent  exchanged  for such cheques or chips or tokens upon purchase
or redemption.
18. "Class I gaming" and "Class II gaming" means those forms of gaming
that are not Class III gaming, as defined in subsection eight of section
four of the federal Indian Gaming Regulatory Act, 25 U.S.C. § 2703.
19. "Class III gaming" means those forms of gaming that are not  Class
I or Class II gaming, as defined in subsections six and seven of section
four  of  the federal Indian Gaming Regulatory Act, 25 U.S.C. § 2703 and
those games enumerated in the Appendix of a gaming compact.
20. "Compact" or  "gaming  compact"  means  the  agreement  between  a
federally  recognized  Indian  tribe and the state of New York regarding
Class III gaming activities entered into pursuant to the federal  Indian
Gaming  Regulatory  Act, Pub. L. 100-497, 102 Stat. 2467, codified at 25
U.S.C. §§ 2701-21 and 18 U.S.C. §§ 1166-68 (1988 & Supp. II).
21. "Gaming equipment or device" means any machine or device which  is
specially designed or manufactured for use in the operation of any Class
III or video lottery game.
22.   "Gaming   regulatory  authority"  means,  with  respect  to  any
authorized  gaming  establishment  on   Indian   lands,   territory   or
reservation,   the  Indian  nation  or  tribal  gaming  commission,  its
authorized officers, agents and representatives acting in their official
capacities or such other agency of a nation or tribe as  the  nation  or
tribe  may  designate  as  the  agency responsible for the regulation of
Class III gaming,  jointly  with  the  state  gaming  agency,  conducted
pursuant  to  a gaming compact between the nation or tribe and the state
of New York, or with respect to any casino gaming authorized pursuant to
article thirteen of the racing, pari-mutuel wagering and breeding law or
video lottery gaming  conducted  pursuant  to  section  sixteen  hundred
seventeen-a  and  paragraph  five  of  subdivision  a of section sixteen
hundred twelve of the tax law, as amended and implemented.
23. "Premises" includes any structure, parking lot, building, vehicle,
watercraft, and any real property.
24. "Sell" means to sell, exchange, give or dispose of to another.
25. "State gaming  agency"  shall  mean  the  New  York  state  gaming
commission, its authorized officials, agents, and representatives acting

in their official capacities as the regulatory agency of the state which
has  responsibility  for regulation with respect to video lottery gaming
or casino gaming.
26.  "Unfair  gaming  equipment"  means  loaded  dice,  marked  cards,
substituted cards or dice, or fixed  roulette  wheels  or  other  gaming
equipment which has been altered in a way that tends to deceive or tends
to  alter  the  elements  of  chance  or  normal  random selection which
determine the result of the game or outcome, or the amount or  frequency
of the payment in a game.
27. "Unlawful gaming property" means:
(a) any device, not prescribed for use in casinio gaming by its rules,
which is capable of assisting a player:
(i)  to  calculate  any  probabilities  material  to  the outcome of a
contest of chance; or
(ii) to receive or transmit information material to the outcome  of  a
contest of chance; or
(b)  any  object or article which, by virtue of its size, shape or any
other quality, is capable of being used in casino gaming as an  improper
substitute  for  a  genuine  chip,  cheque, token, betting coupon, debit
instrument, voucher or other instrument or indicia of value; or
(c) any unfair gaming equipment.
28. "Video lottery gaming" has the meaning set  forth  in  subdivision
six of section sixteen hundred two of the tax law.
29.  "Voucher"  means  an  instrument  of  value  generated by a video
lottery terminal representing a monetary amount and/or play  value  owed
to  a  customer  at  a  specific  video  lottery terminal based on video
lottery gaming winnings and/or amounts not wagered.