Sec. 53-278a. Gambling: Definitions. - Connecticut Statutes

      Sec. 53-278a. Gambling: Definitions. As used in sections 53-278a to 53-278g, inclusive:

      (1) "Gain" means the direct realization of winnings; "profit" means any other realized or unrealized benefit, direct or indirect, including without limitation benefits from proprietorship, management or unequal advantage in a series of transactions;

      (2) "Gambling" means risking any money, credit, deposit or other thing of value for gain contingent in whole or in part upon lot, chance or the operation of a gambling device, including the playing of a casino gambling game such as blackjack, poker, craps, roulette or a slot machine, but does not include: Legal contests of skill, speed, strength or endurance in which awards are made only to entrants or the owners of entries; legal business transactions which are valid under the law of contracts; activity legal under the provisions of sections 7-169 to 7-186, inclusive; any lottery or contest conducted by or under the authority of any state of the United States, Commonwealth of Puerto Rico or any possession or territory of the United States; and other acts or transactions expressly authorized by law on or after October 1, 1973;

      (3) "Professional gambling" means accepting or offering to accept, for profit, money, credits, deposits or other things of value risked in gambling, or any claim thereon or interest therein. Without limiting the generality of this definition, the following shall be included: Pool-selling and bookmaking; maintaining slot machines, one-ball machines or variants thereof, pinball machines, which award anything other than an immediate and unrecorded right of replay, roulette wheels, dice tables, or money or merchandise pushcards, punchboards, jars or spindles, in any place accessible to the public; and except as provided in sections 7-169 to 7-186, inclusive, conducting lotteries, gift enterprises, disposal or sale of property by lottery or hazard or policy or numbers games, or selling chances therein; and the following shall be presumed to be included: Conducting any banking game played with cards, dice or counters, or accepting any fixed share of the stakes therein;

      (4) "Gambling device" means any device or mechanism by the operation of which a right to money, credits, deposits or other things of value may be created, as the result of the operation of an element of chance; any device or mechanism which, when operated for a consideration, does not return the same value or thing of value for the same consideration upon each operation thereof; any device, mechanism, furniture or fixture designed primarily for use in connection with professional gambling; and any subassembly or essential part designed or intended for use in connection with any such device, mechanism, furniture, fixture, construction or installation, provided an immediate and unrecorded right of replay mechanically conferred on players of pinball machines and similar amusement devices shall be presumed to be without value. "Gambling device" does not include a crane game machine or device or a redemption machine;

      (5) "Gambling record" means any record, receipt, ticket, certificate, token, slip or notation given, made, used or intended to be used in connection with professional gambling;

      (6) "Gambling information" means a communication with respect to any wager made in the course of, and any information intended to be used for, professional gambling. Information as to wagers, betting odds or changes in betting odds shall be presumed to be intended for use in professional gambling;

      (7) "Gambling premise" means any building, room, enclosure, vehicle, vessel or other place, whether open or enclosed, used or intended to be used for professional gambling. Any place where a gambling device is found shall be presumed to be intended to be used for professional gambling, except a place wherein a bazaar or raffle for which a permit has been issued under sections 7-170 to 7-186, inclusive, or bingo for which a permit has been issued under section 7-169 is to be conducted;

      (8) "Person" includes natural persons, partnerships, limited liability companies and associations of persons, and corporations; and any corporate officer, director or stockholder who authorizes, participates in or knowingly accepts benefits from any violation of sections 53-278a to 53-278g, inclusive, committed by his corporation;

      (9) "Peace officer" means a municipal or state police officer or chief inspector or inspector in the Division of Criminal Justice or state marshal while exercising authority granted under any provision of the general statutes or judicial marshal in the performance of the duties of a judicial marshal;

      (10) "Court" means the Superior Court;

      (11) "Crane game machine or device" means a machine or device (A) that is designed and manufactured only for bona fide amusement purposes and involves at least some skill in its operation, (B) that rewards a winning player exclusively with merchandise contained within the machine or device and such merchandise is limited to noncash prizes, toys or novelties each of which has a wholesale value not exceeding ten dollars or ten times the cost of playing the machine or device, whichever is less, (C) the player of which is able to control the timing of the use of the claw or grasping device to attempt to pick up or grasp a prize, toy or novelty, (D) the player of which is made aware of any time restrictions that the machine or device imposes on the player to maneuver the claw or grasping device into a position to attempt to pick up or grasp a prize, toy or novelty, and (E) the claw or grasping device of which is not of a size, design or shape that prohibits the picking up or grasping of a prize, toy or novelty contained within the machine or device;

      (12) "Redemption machine" means an amusement device operated by one or more players that involves a game the object of which is throwing, rolling, bowling, shooting, placing or propelling a ball or other object into, upon or against a hole or other target and that rewards the player or players with tickets, tokens or other noncash representations of value redeemable for merchandise prizes, provided (A) the outcome of the game is predominantly determined by the skill of the player, (B) the award of tickets, tokens or other noncash representations of value is based solely on the player's achieving the object of the game or on the player's score, (C) only merchandise prizes are awarded, (D) the average wholesale value of the prizes awarded in lieu of tickets or tokens for a single play of the machine does not exceed ten dollars or ten times the cost of a single play of the machine, whichever is less, and (E) the redemption value of each ticket, token or other noncash representation of value that may be accumulated by a player or players to redeem prizes of greater value does not exceed the cost of a single play of the machine.

      (P.A. 73-455, S. 1; P.A. 74-183, S. 172, 291; 74-191, S. 1, 2; P.A. 75-567, S. 70, 80; P.A. 76-111, S. 4; 76-436, S. 152, 681; P.A. 95-61; 95-79, S. 178, 189; P.A. 00-99, S. 4, 154; Jan. 6 Sp. Sess. P.A. 03-1, S. 1.)

      History: P.A. 74-183 redefined "court" as court of common pleas rather than circuit court, reflecting reorganization of judicial system, effective December 31, 1974; P.A. 74-191 redefined "gambling" to exclude lotteries or contests under authority of the "Commonwealth of Puerto Rico or any possession or territory of the United States" and to substitute Sec. 7-186l for Sec. 7-186; P.A. 75-567 replaced "county" detectives with detectives in the division of criminal justice in definition of "peace officer", county government having been abolished in 1959; P.A. 76-111 redefined "peace officer" to replace detectives with chief inspectors or inspectors of criminal justice division; P.A. 76-436 redefined "court" to delete court of common pleas, reflecting transfer of all trial jurisdiction to superior court, effective July 1, 1978; (Revisor's note: In 1993 references in Subdivs. (3) and (7) to Sec. 7-186m were replaced editorially by the Revisors with references to Sec. 7-186l, Sec. 7-186m having been repealed); P.A. 95-61 amended Subdiv. (4) to exempt "crane game machine or device" and "redemption machine" from definition of "gambling device" and added Subdivs. (11) and (12) defining those terms; P.A. 95-79 redefined "person" to include limited liability companies, effective May 31, 1995; P.A. 00-99 amended Subdiv. (9) by deleting reference to sheriff and deputy sheriff and adding provision re state marshal exercising statutory authority and judicial marshal in performance of duties, effective December 1, 2000; Jan. 6 Sp. Sess. P.A. 03-1 amended definition of "gambling" in Subdiv. (2) by adding reference to "the playing of a casino gambling game such as blackjack, poker, craps, roulette or a slot machine", deleting reference to Sec. 7-186l and substituting reference to Sec. 7-186, amended definition of "professional gambling" in Subdiv. (3) by deleting reference to Sec. 7-186l and substituting reference to Sec. 7-186, and amended definition of "gambling premises" in Subdiv. (7) by deleting reference to games of chance for which a permit was issued under Secs. 7-186a to 7-186l, inclusive, effective January 7, 2003.

      See Secs. 52-553, 52-554 re wagering contracts and recovery of money lost in gaming.

      Annotations to former section 53-271 (Betting on races and jai alai games):

      Cited. 100 C. 543. Cited. 125 C. 121. Whether articles used in violating this section could be seized under former section 54-33. 126 C. 432. Cited. Id. History of section; expresses an ancient and deep-rooted public policy. 134 C. 55, 56. Cited. 151 C. 537.

      Cited. 23 CS 14.

      Annotation to former section 53-272 (Gaming on public conveyances):

      Cited. 124 C. 164.

      Annotations to former section 52-273 (Gaming house; keepers; frequenters):

      Policy playing held to be gaming within the terms of statute. 60 C. 102; 63 C. 250. The place must be or have the reputation of being actually resorted to for that purpose. Id., 250. Cited. 124 C. 164. Use must be frequent, customary, common or habitual, and a single act of gaming is insufficient to prove a violation. 128 C. 149. Cited. 152 C. 716.

      Evidence of general reputation of place and judicial notice of prior convictions of defendant sufficient for finding of guilt of keeper of gaming house. 2 Conn. Cir. Ct. 256. Information clearly informed defendant of charge when it specifically charged him with "keeping a gaming house", and he was denied bill of particulars. 5 Conn. Cir. Ct. 78.

      Annotation to former section 53-274 (Frequenters defined):

      Cited. 5 Conn. Cir. Ct. 78; 244.

      Annotation to former section 53-275 (Owning faro bank):

      Cited. 5 Conn. Cir. Ct. 468.

      Annotations to former section 53-277 (Gaming in general):

      Cited. 124 C. 164. As to whether articles used in violating this section could be seized under former section 54-33. 126 C. 432.

      Annotations to former section 53-278 (Keeping billiard table or slot machine for gambling purposes):

      Whether articles used in violating this section could be seized under former section 54-33. 126 C. 432. A coin-operated pinball machine which is designed to provide free plays upon the scoring of certain numbers or combination of numbers is a gaming device. 147 C. 444.

      Pinball machine is not a gambling device per se. 3 CS 374; 19 CS 500.

      Pinball machines are used for gambling purposes when operational features, such as counters recording number of games and credits, exist, when use of skill is minimal compared with element of chance in attaining a high score, and where a payoff is made to reward a high score. 3 Conn. Cir. Ct. 598, 600, 601.

      Annotations to former section 53-290 (Lotteries prohibited; publication of promotional drawing):

      The law will not enforce a title to property growing out of a lottery transaction. 19 C. 432; 49 C. 128. Prohibits not merely lotteries, but also enterprises wherein chance is predominating element even though participants risk nothing; "bank night" illegal. 124 C. 160. History of this section. Id., 167. Applies to enterprises in the general nature of lotteries wherein chance is the predominating element even though those who participate do not directly risk any money or property of their own. 142 C. 53.

      The word "lottery" does not appear in the statute and it is immaterial to the violation of the statute whether the accused conducted a "lottery". 5 CS 178. "Bank night" held to be a lottery. Id., 378. Theatrical promotion scheme held a lottery though person whose lucky number was drawn is not required to pay admission. 6 CS 463. Where plaintiff sued to recover indebtedness from defendants, which claim arose from winnings from a bet made in violation of section 53-298, held the court will not aid party to an illegal contract in enforcing his claim and, since all the parties were in pari delicto, judgment should be rendered for the defendants. 26 CS 238.

      Supermarket not a "retail grocer" within intent of statute and not barred from conducting promotional drawing. 3 Conn. Cir. Ct. 674. History discussed. Id.

      Annotations to former section 53-291 (Sale of property by lottery):

      Cited. 142 C. 55.

      Cited. 5 CS 377.

      Annotations to former section 53-292 (Property disposed of by hazard):

      Cited. 124 C. 164. Cited. 142 C. 55.

      Cited. 5 CS 377.

      Annotations to former section 53-293 (Lottery tickets not to be sold):

      Applies to lottery authorized by congress or by other states. 4 C. 445; 28 C. 228. Immaterial whether tickets are to be procured within this state or in the state where authorized. Id. Provisions of section held constitutional. Id.; 70 C. 484. What publication held not a "printed proposal" to sell lottery tickets. 28 C. 229. Court will render no aid to recover title to property won in a lottery. 49 C. 128. History of this section. 68 C. 376. Counts in information. 66 C. 250. Cited. 142 C. 55.

      Cited. 4 Conn. Cir. Ct. 502.

      Annotations to former section 53-295 (Pool selling):

      What allegations proper. 66 C. 256. This section does not violate provision of federal constitution de interstate commerce. 70 C. 484; See 28 C. 228. One who supplies facilities for pool-selling with knowledge is guilty. 80 C. 319. Whether articles used in violating this section may be seized under former section 54-33. 126 C. 432. Proof required; not necessary to prove actual making of bets. 129 C. 540. The making or the recording or the registering of wagers is punishable. 133 C. 604, 605. As to conspiracy to gamble, see 134 C. 185. Articles which ordinarily serve other purposes may be found to be devices and apparatus for gaming purposes if they are reasonably adapted to, and at the time in question are intended and actually used for, those purposes. 136 C. 210; 153 C. 12. Defense of entrapment may be asserted under a not guilty plea. 139 C. 1. Distinction between pool selling and policy playing. 147 C. 426. A finding of not guilty on prosecution for policy playing does not preclude prosecution for pool selling. Id. Cited. 149 C. 570, 576. Cited. 150 C. 221, 228, 229. Cited. 151 C. 455. Cited. 152 C. 167. Evidence consisting of officers' testimony regarding telephone calls taken by them at home of defendant does not fall within hearsay rule since it is offered not to prove the statements made in them were true but as evidence of betting activity. 153 C. 12. Cited. 163 C. 231; Id., 234. Cited. 165 C. 239.

      Cited. 22 CS 443. To constitute a violation of this section, the actual making of bets is not required. Id., 507. Proof of a single wager, without further facts and circumstances indicative of pool selling, is insufficient to establish a violation. 23 CS 13. Cited. 24 CS 70. Section is directed against that form of pool-gambling which includes bets on results of horse races and other specified events. Id., 251. Section reaches anyone "concerned" with prohibited act, whether through part performance of it or by use of an accomplice. Id.

      Cited. 1 Conn. Cir. Ct. 177; Id., 534. Where issue of entrapment may be matter of disagreement, question should be determined by jury. 2 Conn. Cir. Ct. 130. Pool selling generally is concerned with the combination of bets or wagers from several persons on the same event, the total sum to be divided among the successful bettors. Id., 133. Crime of conspiracy is separate offense and does not merge in the act which is executed in furtherance of the conspiracy. An information charging defendants with conspiracy should set forth the conspiracy statute. 3 Conn. Cir. Ct. 50, 51. Cited. Id., 96; Id., 103; Id., 235; Id., 641. Cited. 4 Conn. Cir. Ct. 422. Proof of presence of gambling paraphernalia and betting tally sheets and telephone call from bettor to defendant occupant, sufficient to convict defendant under this statute. Id., 550. Evidence presented below was sufficient for trial court to find beyond reasonable doubt that defendant used his name for pool selling in violation of this statute. Id., 604. Cited. 5 Conn. Cir. Ct. 54. Sentence of nine months held not excessive where defendant had record of former convictions, plea to consider his poor health being one for clemency over which appellate court has no jurisdiction. Id., 269. Appellate division will not open question of constitutionality of this statute long upheld by supreme court. Id., 551. Telephone calls of bets during raid of betting premises may be testified to by police officer intercepting them. Id. That pertinent portions only of this statute were read to jury in judge's charge was proper judicial procedure. Phrase "concerned in" as used in this section and section 53-298 discussed. 6 Conn. Cir. Ct. 170, 172. Nothing so vague or ambiguous about language of statute as to violate constitution, and no evidence of invasion of substantive right such as would constitute an overbreadth. Id., 170, 172, 173. Cited. Id., 219, 229.

      Annotations to former section 53-296 (Sporting contest pools):

      Evidence sufficient to prove beyond reasonable doubt defendants were making book in home of one of them. 4 Conn. Cir. Ct. 605. Cited. 6 Conn. Cir. Ct. 193.

      Annotation to former section 53-297 (Sale or lease of implements to be used in pool selling):

      Purports only to punish one who transmits the information, not the recipients. 132 C. 336.

      Annotations to former section 53-298 (Policy playing; gaming by use of lottery slips or tickets):

      Scope of statute discussed. 128 C. 407. Cited. 132 C. 47. The words "bets or wagers" are broader than such words as "policy playing" or "numbers games". But they include these forms of gambling or betting on what numbers will be drawn in a lottery or will be determined by chance. 140 C. 560. Information charging "engaging in sale of policy slips for purposes of gambling" is satisfied by evidence that the defendant participates, is involved or has an interest therein. 141 C. 565. Prima facie case of guilt, requirements for and effect. 145 C. 549. Distinction between pool selling and policy playing. 147 C. 426. A finding of not guilty on prosecution for policy playing does not preclude prosecution for pool selling. Id. Cited. 149 C. 569, 570, 577. Cited. 152 C. 87. No specific intent required as element of crime. Id., 585. Cited. 153 C. 129. Statute is complex and lengthy and mere reading of it to jury was not adequate charge by court, new trial ordered. 159 C. 175.

      To convict of the crime of being the custodian of a policy slip, the state must prove that the slip in question was a policy slip within the meaning of the statute and that the defendant kept, or was the custodian of, the slip. 22 CS 340; 23 CS 183. Cited. 22 CS 437. Violation of this section by an employee on company premises constitutes just cause for dismissal. A labor arbitration award to the contrary contravenes public policy. Id., 475. Cited. 23 CS 405. Something more than proof of suspicious circumstances is needed to sustain a conviction. Id., 480. Cited. 24 CS 23, 70, 72.

      Where plaintiff sued to recover indebtedness from defendants, which claim arose from winnings from a bet made in violation of this section, held the court will not aid party to an illegal contract in enforcing his claim and, since all the parties were in pari delicto, judgment should be rendered for the defendants. 26 CS 238.

      For conviction state must prove slip was policy slip within meaning of statute and defendant was custodian. 2 Conn. Cir. Ct. 305. Cited. 3 Conn. Cir. Ct. 96. Cited. 4 Conn. Cir. Ct. 165; Id., 221; Id., 422; Id., 551. Evidence of defendants' writing policy, including a film of his activity, one month before date of crime charged held admissible on his trial. Id., 717. Cited. 5 Conn. Cir. Ct. 1; 54; Id., 468. Officers observing defendant put tally papers under rafters of hatchway were not conducting search when they picked papers up on arrest of defendant in his store. Id., 613. Search of person found on premises of store searched under warrant held constitutional. Id., 637. Where accused threw aside newspaper, policy sheet and pen when fleeing arrest, officer could seize such articles as property abandoned by defendant. 6 Conn. Cir. Ct. 17. Cited. Id., 59. Phrase "concerned in" as used in this section and section 53-295 discussed. Id., 170, 172. Defendant was found guilty on three counts of possession of policy play on single day. Since his offense was one continuous offense, conviction on each of second and third counts put him in double jeopardy and was in error. Id., 170, 173, 174, 175. Nothing so vague or ambiguous about language of this statute as to violate constitution, and no evidence of invasion of substantive right such as would constitute overbreadth. Id., 170, 172, 173. Cited. Id., 193; Id., 577.

      Annotations to former section 54-33h (Arrest of keeper of gambling equipment; seizure and disposition of property):

      Authorizes the seizure of money used in gambling. 132 C. 46. A coin-operated pinball machine which is designed to provide free plays upon scoring of certain numbers or combinations of numbers is a gaming device. 147 C. 444. Amended as result of Mapp v. Ohio, 367 U.S. 643, which held that evidence obtained by unlawful search and seizure is inadmissible in state courts. Also see 149 C. 567. If search and seizure were incidental to a lawful arrest, they were not unreasonable.

      Definition of slot machine; differentiated from pinball device. 3 CS 378. Cited. 16 CS 304. Cited. 19 CS 500.

      Where officer listened at rear door and viewed gambling through transom while patrolling, entry on premises and search without warrant upheld. 2 Conn. Cir. Ct. 247. Warrant properly issued under former statute to provide basis for postconviction, in rem proceedings. 5 Conn. Cir. Ct. 51.

      Annotations to present section:

      Proposal to combine live racing broadcasts with advertisements for telephone wagering does not contravene state's public policy against gambling. 278 C. 150.

      Subdiv. (5):

      Cited (erroneously as Sec. 52-278a(5)). 196 C. 471.