99B.1 - DEFINITIONS. - Iowa Statutes

99B.1 DEFINITIONS. As used in this chapter, unless the context otherwise requires: 1. "Amusement concession" means any place where a single game of skill or game of chance is conducted by a person for profit, and includes the area within which are confined the equipment, playing area and other personal property necessary for the conduct of the game. 2. "Amusement device" means an electrical or mechanical device possessed and used in accordance with section 99B.10. When possessed and used in accordance with that section, an amusement device is not a game of skill or game of chance, and is not a gambling device. 3. "Applicant" means an individual or an organization. 4. "Authorized" means approved as a concession by the Iowa state fair board or a fair conducting a fair event as provided in chapter 174. 5. "Bingo" means a game, whether known as bingo or any other name, in which each participant uses one or more cards each of which is marked off into spaces arranged in horizontal and vertical rows of spaces, with each space being designated by number, letter, or combination of numbers and letters, no two cards being identical, with the players covering spaces as the operator of the game announces the number, letter, or combination of numbers and letters appearing on an object selected by chance, either manually or mechanically, from a receptacle in which have been placed objects bearing numbers, letters, or combinations of numbers and letters corresponding to the system used for designating the spaces, with the winner of each game being the player or players first properly covering a predetermined and announced pattern of spaces on a card being used by the player or players. Each determination of a winner by the method described in the preceding sentence is a single bingo game at any bingo occasion. 6. "Bingo occasion" means a single gathering or session at which successive bingo games are played. A bingo occasion commences when the operator of the game begins to announce the number, letter, or combination of numbers or letters through which the winner of a single bingo game will be determined. 7. "Bona fide social relationship" as used herein means a real, genuine, unfeigned social relationship between two or more persons wherein each person has an established knowledge of the other, which has not arisen for the purpose of gambling. 8. "Bookmaking" as used herein means the taking or receiving of any bet or wager upon the result of any trial or contest of skill, speed, power or endurance of human, beast, fowl or motor vehicle, which is not a wager or bet pursuant to section 99B.12, subsection 2, paragraph "c", or which is laid off, placed, given, received or taken, by an individual who was not present when the wager or bet was undertaken, or by any publicly or privately owned enterprise where such wagers or bets may be undertaken. 9. A person "conducts" a specified activity if that person owns, promotes, sponsors, or operates a game or activity. A natural person does not "conduct" a game or activity if the person is merely a participant in a game or activity which complies with section 99B.12. 10. "Controlling shareholder" means either of the following: a. A person who directly or indirectly owns or controls ten percent or more of any class of stock of a license applicant. b. A person who directly or indirectly has an interest of ten percent or more in the ownership or profits of a license applicant. 11. "Department" means the department of inspections and appeals. 12. "Distributor" means, for the purposes of sections 99B.10, 99B.10A, and 99B.10B, any person that owns electrical and mechanical amusement devices registered as provided in section 99B.10, subsection 1, paragraph "f", that are offered for use at more than a single location or premises. 13. a. "Eligible applicant" means an applicant who meets all of the following requirements: (1) The applicant's financial standing and good reputation are within the standards established by the department by rule under chapter 17A so as to satisfy the director of the department that the applicant will comply with this chapter and the rules applicable to operations under it. (2) The applicant is a citizen of the United States and a resident of this state, or a corporation licensed to do business in this state, or a business that has an established place of business in this state or that is doing business in this state. (3) The applicant has not been convicted of a felony. However, if the applicant's conviction occurred more than five years before the date of the application for a license, and if the applicant's rights of citizenship have been restored by the governor, the director of the department may determine that the applicant is an eligible applicant. b. If the applicant is an organization, then the requirements of paragraph "a", subparagraphs (1) through (3), apply to the officers, directors, partners and controlling shareholders of the organization. 14. "Fair" means an annual fair and exposition held by the Iowa state fair board and any fair event conducted by a fair under the provisions of chapter 174. 15. "Game of chance" means a game whereby the result is determined by chance and the player in order to win aligns objects or balls in a prescribed pattern or order or makes certain color patterns appear and specifically includes but is not limited to the game defined as bingo. Game of chance does not include a slot machine. 16. "Game of skill" means a game whereby the result is determined by the player directing or throwing objects to designated areas or targets, or by maneuvering water or an object into a designated area, or by maneuvering a dragline device to pick up particular items, or by shooting a gun or rifle. 17. "Gross receipts" means the total revenue received from the sale of rights to participate in a game of skill, game of chance, or raffle and admission fees or charges. 18. "Manufacturer" means, for the purposes of sections 99B.10, 99B.10A, and 99B.10B, any person engaged in business in this state who originally produces an electrical and mechanical amusement device required to be registered under section 99B.10, subsection 1, paragraph "f", or individual components for use in such a device. 19. "Manufacturer's representative" means, for the purposes of sections 99B.10, 99B.10A, and 99B.10B, any person engaged in business in this state who promotes or sells electrical and mechanical amusement devices required to be registered under section 99B.10, subsection 1, paragraph "f", or individual components for use in such devices on behalf of a manufacturer of such devices or components. 20. "Merchandise" includes lottery tickets or shares sold or authorized under chapter 99G. The value of the ticket or share is the price of the ticket or share as established by the Iowa lottery authority pursuant to chapter 99G. 21. "Net receipts" means gross receipts less amounts awarded as prizes and less state and local sales tax paid upon the gross receipts. Reasonable expenses, charges, fees, taxes other than the state and local sales tax, and deductions allowed by the department shall not exceed twenty-five percent of net receipts. 22. "Net rent" means the total rental charge minus reasonable expenses, charges, fees, and deductions allowed by the department. 23. "Owner" means, for the purposes of sections 99B.10A and 99B.10B, any person who owns an operable electrical and mechanical amusement device required to be registered under section 99B.10, subsection 1, paragraph "f". 24. "Posted" means that the person conducting a game has caused to be placed near the front or playing area of the game a sign at least thirty inches by thirty inches, with permanent material and lettering, stating at the top in letters at least three inches high: "Rules of the Game". Thereunder there shall be set forth in large, easily readable print, the name of the game, the price to play the game, the complete rules for the game and the name and permanent mailing address of the owner of the game. 25. "Qualified organization" means any licensed organization which dedicates the net receipts of a game of skill, game of chance or raffle as provided in section 99B.7 and meets the requirements of section 99B.7, subsection 1, paragraph "m". 26. "Raffle" means a lottery in which each participant buys a ticket for a chance at a prize with the winner determined by a random method and the winner is not required to be present to win. "Raffle" does not include a slot machine. 27. "Social games" means and includes only the activities permitted by section 99B.12, subsection 2. 28. "Unrelated entity" means a person that has a separate and distinct state charter and tax identification number from any other person and, if the person is an individual, an individual that is not related by law or by consanguinity.          Section History: Early Form [C75, 77, 79, 81, § 99B.1; 81 Acts, ch 44, § 1--3]          Section History: Recent Form 84 Acts, ch 1220, § 3; 86 Acts, ch 1042, § 1; 86 Acts, ch 1201, § 1; 86 Acts, ch 1245, § 711; 87 Acts, ch 115, § 14; 89 Acts, ch 231, § 13--15; 90 Acts, ch 1233, § 4; 94 Acts, ch 1062, §1; 2000 Acts, ch 1130, §1; 2003 Acts, ch 178, §102, 121; 2003 Acts, ch 179, §142; 2004 Acts, ch 1019, §3; 2004 Acts, ch 1118, §1, 11; 2007 Acts, ch 173, §1; 2008 Acts, ch 1032, §187 Referred to in § 717E.1