Elements of gambling, MCCH Ch. 15.2


A.        Only state law applies - city ordinances do not regulate


B.         All types of gambling are illegal.


1.         Only exception is gambling specifically licensed or operated by state (lottery; river boat; racing and bingo).

Must be State license.


C.        Gambling uses broadest definition, i.e. If you risk something for value on the outcome of a contest of chance (outcome depends largely on chance) or a future contingent event not under your control - with the understanding you will receive something of value upon outcome - it is gambling.


1.         Why are these few things not governed?


a.        Radio Station Call In:  Not risking something of value - 14th

caller, etc.


b.        Grocery Store or Gas Station Contest:  Do not have to buy anything to enter - no risk.


            General Rule:  Everything else is gambling.  For example, Irish Sweepstakes, but see playing pinball in text notes.


d.        Discuss raffles (must be conducted by a charitable organization, i.e., not-for-profit), fantasy baseball leagues         









Revised 4/01