2023 District of Columbia Code › Title 36 - Trade Practices › Chapter 6 - Lottery, Gaming, and Sports Wagering › Subchapter III - Game of Skill Machines › § 36–641.01. Definitions

§ 36–641.01. Definitions
For purposes of this subchapter, the term:
(1) "ABC Board" means the Alcoholic Beverage and Cannabis Board, established by § 25-201.
(2) "ABCA" means the Alcoholic Beverage and Cannabis Administration, established by § 25-202.
(3) "CFO" means the Chief Financial Officer of the District of Columbia.
(4) "Centralized accounting system" means the accounting system linked by a communications network as described in §§ 36-641.09 through 36-641.13.
(5) "Distributor" means a person licensed under this subchapter to:
(A) Buy or lease game of skill machines, or any major components or parts of a game of skill machine, from manufacturers for sale or lease and distribution to retailers; or
(B) To maintain or service a retailer's game of skill machine, or any major component or part of a game of skill machine.
(6) "Game of skill machine" means a mechanical or electronic gaming device that rewards the winning player or players with cash, a gift card, or a voucher that can be redeemed for cash. A mechanical or electronic gaming device shall not be considered a game of skill machine if:
(A) The ability of a player to succeed at the game is impacted by the number or ratio of prior wins to prior losses of players playing the game;
(B) The outcome of the game can be controlled by a source other than a player playing the game;
(C) The success of a player is or may be determined by a chance event that cannot be altered by the player's actions;
(D) The ability of a player to succeed at the game is impacted by game features not visible or known to a reasonable player; or
(E) The ability of a player to succeed at the game is impacted by the exercise of skill that no reasonable player could exercise.
(7) "Game of skill machine gross revenue" means the total of cash or cash equivalents received from a game of skill machine minus the total of:
(A) Cash or cash equivalents paid to players as a result of a game of skill machine;
(B) Cash or cash equivalents paid to purchase annuities to fund prizes payable to players over a period of time as a result of a game of skill machine; and
(C) The actual cost paid by the license holder for personal property distributed to a player as a result of a game of skill machine, excluding travel expenses, food, refreshments, lodging, and services.
(8) "Licensed establishment" means an on-premises retail establishment licensed by the ABC Board to sell, serve, and allow for the consumption of alcoholic beverages.
(9) "Licensed premises" means the physical location of a licensed establishment that is authorized by the Office to offer game of skill machines.
(10) "Licensee" means a person who possesses a game of skill manufacturer, distributor, or retailer license issued by the Office.
(11) "Manufacturer" means a person that is licensed under this subchapter that manufactures or assembles game of skill machines for sale or lease to distributors or provides to distributors major components or parts of game of skill machines for the repair or maintenance of game of skill machines.
(12) "Office" means the Office of Lottery and Gaming.
(13) "Retailer" means a person that is licensed under this subchapter to offer game of skill machines on its licensed premises.
(Mar. 10, 1981, D.C. Law 3-172, § 401; as added Apr. 27, 2021, D.C. Law 23-280, § 7(b), 68 DCR 001156; Mar. 22, 2023, D.C. Law 24-332, § 6, 70 DCR 1582.)
Emergency Legislation
For temporary (90 days) creation of this section, see § 2(b) of Revised Game of Skill Machines Consumer Protections Congressional Review Emergency Amendment Act of 2021 (D.C. Act 24-16, Feb. 26, 2021, 68 DCR 002559).
For temporary (90 days) creation of this section, see § 2(b) of Revised Game of Skill Machines Consumer Protections Emergency Amendment Act of 2020 (D.C. Act 23-479, Oct. 1, 2020, 67 DCR 13284).
Temporary Legislation
For temporary (225 days) creation of this section, see § 2(b) of Revised Game of Skill Machines Consumer Protections Temporary Amendment Act of 2020 (D.C. Law 23-257, Mar. 16, 2021, 67 DCR 13932).