§ 18-10.5-101 — Legislative declaration

Colorado § 18-10.5-101

• Jurisdiction: Colorado
• Title 18: Criminal
• Art.: Simulated Gambling Devices

Text

(1) The general assembly finds,
determines, and declares that:

(a) Recently, certain individuals and companies have developed electronic
machines, systems, and devices to enable gambling through pretextual
sweepstakes relationships predicated on the sale of internet services, telephone
cards, and other products at business locations that are or may be commonly
known as internet sweepstakes cafes. These machines, systems, and devices, as
more fully described in this article, appear designed to evade the existing
constitutional and statutory regulations on gambling activity in Colorado and
therefore are declared to be contrary to the public policy of this state.

(b) The gambling occurring at internet sweepstakes cafes has none of the
protections that are afforded to players at legal gaming sites in Colorado. This
absence of uniform regulation and ongoing, governmental oversight presents a
danger to consumers throughout the state of Colorado. These sites comply with
none of the regulatory requirements, such as surveillance and tracking of wagers
and payouts, to assure consumers that gambling is being conducted fairly and
honestly. The general assembly finds that these dangers are profound, putting at
risk the financial resources of vulnerable persons and customers who are used to
wagering based on clear regulatory standards and who have official lines of
authority to which they may appeal when there are questionable or illegal practices
used by a licensed gaming operator.

(c) The proliferation of internet sweepstakes cafes presents an increasing
risk to consumers, particularly as these sweepstakes cafes have spread to sites
throughout the state and are capable of operating without facing adverse
consequences for their illegal, unfair, or unregulated acts;

(d) The diversion of consumer dollars to these untaxed gambling activities
not only presents the opportunity for theft but also undermines state and local
programs that are funded by revenue derived from legalized gambling, including
parks and recreation, historic preservation, and the state's general fund;

(e) There is no adequate local or federal regulation of internet sweepstakes
cafes, and the ability of the owners of those facilities to operate in any community
in the state or to move their operations from one part of the state to another
without notifying any regulatory body makes this an issue of statewide concern,
appropriate for action by the general assembly;

(f) The voters of Colorado have carefully chosen the forms of gambling to
which to give their approval and the conditions under which those forms of
gambling may be conducted. At no time has the question of legalization of internet
sweepstakes cafes been presented to the voters of this state. Without a vote of the
people, the state of Colorado cannot permit the operation of unauthorized,
unregulated, and unsupervised gambling or lotteries in violation of section 2 or 9 of
article XVIII of the Colorado constitution.

Legislative History

Source: L. 2015: Entire article added, (HB 15-1047), ch. 24, p. 57, � 1, effective March 13.