Bill Text: HI SB636 | 2013 | Regular Session | Introduced
Bill Title: Gambling; Incidental Goods and Services
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2013-01-22 - Referred to JDL. [SB636 Detail]
Download: Hawaii-2013-SB636-Introduced.html
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THE SENATE |
S.B. NO. |
636 |
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TWENTY-SEVENTH LEGISLATURE, 2013 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to gambling offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that a number of businesses in the State are selling items and services that allow patrons to engage in activities that, without the ostensibly legal transaction between the customer and establishment where money is exchanged, would otherwise constitute gambling. The Honolulu police department has found that customers of businesses engaged in these enterprises are often unaware of, or completely disregard, the items or services that are the purported basis for transacting business with the establishment. The legislature finds that the intent of businesses engaging in these activities is to promote gambling.
The purpose of this Act is to clarify actions that constitute gambling in part III of chapter 712, Hawaii Revised Statutes, relating to gambling offenses.
SECTION 2. Section 712-1220, Hawaii Revised Statutes, is amended to read as follows:
"§712-1220 Definitions of terms in this part. In this part unless a different meaning plainly is required, the following definitions apply.
[(1)] "Advance gambling
activity". A person "advances gambling activity" if [he]
the person engages in conduct that materially aids any form of gambling
activity. Conduct of this nature 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. A
person advances gambling activity if, having substantial proprietary control or
other authoritative control over premises being used with [his] the
person's knowledge for purposes of gambling activity, [he] the
person permits that activity to occur or continue or makes no effort to
prevent its occurrence or continuation. A person advances gambling activity if
[he] the person plays or participates in any form of gambling
activity.
[(2)] "Bookmaking" means
advancing gambling activity by accepting bets from members of the public upon
the outcomes of future contingent events.
[(3)] "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.
[(4)] "Gambling". A person
engages in gambling if [he] the person stakes or risks something
of value upon the outcome of a contest of chance or a future contingent event
not under [his] the person's control or influence, upon an
agreement or understanding that [he] the person or someone else
will receive something of value in the event of a certain outcome. Gambling:
(a) Includes the use of any gambling device that is incidentally offered for use at no additional charge to a person who purchases other goods or services; and
(b) [does] Does not include bona
fide business transactions valid under the law of contracts, including but not
limited to contracts for the purchase or sale at a future date of securities or
commodities, and agreements to compensate for loss caused by the happening of
chance, including but not limited to contracts of indemnity or guaranty and
life, health, or accident insurance.
[(5)] "Gambling device" means
any device, machine, paraphernalia, or equipment that is [used]:
(a) Used or usable in playing phases of
any gambling activity, whether that activity consists of gambling between
persons or gambling by a person involving the playing of a machine[.
However,]; or
(b) Available to play or operate a contest of chance upon payment of something of value, including the purchase of goods or services incidental to play or operation of the machine, and which may deliver or entitle the person playing or operating the machine to a payout of anything of value, whether the payout is made automatically by the machine or in any other manner; provided that lottery tickets and other items used in the playing phases of lottery schemes are not gambling devices within this definition.
[(6)] "Lottery" means a
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 medium, 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 on an element of chance; and
(c) The holders of the winning chances are to receive something of value.
[(7)] "Mutuel" 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.
[(8)] "Player" means a person
who engages in gambling solely as a contestant or bettor.
[(9)] "Profit from gambling
activity". A person "profits from gambling activity" if [he]
the person 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.
[(10)] "Social gambling" is
defined in section 712-1231.
[(11)] "Something of value"
means any money or property, any token, object, or article exchangeable for
money or property, or any purchase of an item or service which entitles a
person to participate in a gambling scheme or use a gambling device, 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 or entertainment."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Gambling; Incidental Goods and Services
Description:
Amends various definitions under the gambling offenses statute to clarify that gambling includes the use of a gambling device that is incidentally offered for use at no additional charge to a person who purchases other goods or services.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
