§ 38-146. Gambling on public ways and streets.

(a)

It shall be unlawful for any person to participate in gambling, including social gambling which is incidental to a bona fide social relationship, on any public way or street.

(b)

"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 not control, but does not include:

(1)

Bona fide contests of skill, speed, strength or endurance in which awards are made only to entrants or to the owners of entries; or

(2)

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

(3)

Gambling conducted by an organization pursuant to the provisions of C.R.S. 1973, 12-47-128(5)(n), as amended; or

(4)

Other acts or transactions now or hereafter expressly authorized by ordinance or statute.

(c)

"Social gambling" means gambling pursuant to any game, wager, or transaction which 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.

(d)

"Professional gambling" means aiding or abetting another to engage in gambling, with the intent to derive a profit therefrom; or participation in gambling and having, other than by virtue of skill or luck, a lesser chance of losing or a greater chance of winning than one (1) or more of the other participants.

(Code 1950, §§ 802.15, 841.1-2(8); Ord. No. 259-84, 5-29-84)

State law reference

Gambling, C.R.S. 1973, 18-10-101 et seq.

Cross reference

Gambling in parks, § 39-22.