As used in this article 30, unless the context
otherwise requires:
(1) Adjusted gross proceeds, except with respect to games of poker, means
the total amount of all wagers made by players on limited gaming less all payments
to players; and payment to players shall include all payments of cash premiums,
merchandise, tokens, redeemable game credits, or any other thing of value. With
respect to games of poker, adjusted gross proceeds means any sums wagered in
a poker hand that may be retained by the licensee as compensation and are
consistent with the minimum and maximum amounts established by the Colorado
limited gaming control commission.
(2) Applicant means any person who has applied for a license or
registration under this article 30 or who has applied for permission to engage in any
act or activity that is regulated by this article 30.
(3) (a) Associated equipment means a device, piece of equipment, or
system used remotely or directly in connection with gaming or any game. The term
includes a device, piece of equipment, or system used to monitor, collect, or report
gaming transactions data or to calculate adjusted gross proceeds and gaming
taxes.
(b) Associated equipment does not include equipment that meets the
definition of a gaming device or gaming equipment in subsection (13) of this
section.
(4) Associated equipment supplier means a person who imports,
manufactures, distributes, or otherwise provides associated equipment for use in
Colorado. The term does not include a person licensed as a slot machine
manufacturer or distributor under part 5 of this article 30.
(5) Bet means an amount placed as a wager in a game of chance or on a
sports event, as defined in section 44-30-1501 (12).
(6) Blackjack means a banking card game commonly known as 21 or
blackjack in which each player bets against the dealer. The object is to draw
cards whose value will equal or approach twenty-one without exceeding that
amount and win amounts bet, payable by the dealer, if the player holds cards more
valuable than the dealer's cards.
(7) Certified local government means any local government certified by the
state historic preservation officer pursuant to the provisions of 54 U.S.C. sec.
302503.
(7.5) Cheating means to alter the selection of criteria that determine:
(a) The result of a game; or
(b) The amount or frequency of payment in a game.
(8) Commission means the Colorado limited gaming control commission.
(9) Crane game means an amusement machine that, upon insertion of a
coin, bill, token, or similar object, allows the player to use one or more buttons,
joysticks, or other controls to maneuver a crane or claw over a nonmonetary prize,
toy, or novelty, none of which shall have a cost of more than twenty-five dollars, and
then, using the crane or claw, to attempt to retrieve the prize, toy, or novelty for the
player.
(10) Craps means a game played by one or more players against a casino
using two dice, in which players bet upon the occurrence of specific combinations
of numbers shown by the dice on each throw.
(11) Director means the director of the division of gaming.
(12) Division means the division of gaming.
(13) Gaming device or gaming equipment means any equipment or
mechanical, electromechanical, or electronic contrivance, component, or machine
used remotely or directly in connection with gaming or any game. The term includes
a system for processing information that can alter the normal criteria of random
selection affecting the operation, or determining the outcome, of a game. The term
includes a physical or electronic version of a slot machine, poker table, blackjack
table, craps table, roulette table, dice, and the cards used to play poker and
blackjack.
(14) Gaming employee means any person employed by an operator or
retailer hosting gaming to work directly with the gaming portion of the operator's or
retailer's business, who shall be eighteen years of age or older and hold a support
license. Persons deemed to be gaming employees include:
(a) Dealers;
(b) Change and counting room personnel;
(c) Cashiers;
(d) Floormen;
(e) Cage personnel;
(f) Slot machine repairmen or mechanics;
(g) Persons who accept or transport gaming revenues;
(h) Security personnel;
(i) Shift or pit bosses;
(j) Floor managers;
(k) Supervisors;
(l) Slot machine and slot booth personnel;
(m) Any person involved in the handling, counting, collecting, or exchanging
of money, property, checks, credit, or any representative of value, including, without
limitation:
(I) Any coin, token, chip, cash premium, merchandise, redeemable game
credits, or any other thing of value; or
(II) The payoff from any game, gaming, or gaming device;
(n) Craps table personnel and roulette table personnel; and
(o) Any other persons that the commission shall by rule determine.
(15) Gaming license means any license issued by the commission pursuant
to this article 30 that authorizes any person to engage in gaming within the cities of
Central, Black Hawk, or Cripple Creek.
(16) Immediate family means a person's spouse and any children actually
living with the person.
(17) Key employee means any executive, employee, or agent of a gaming
licensee or sports betting licensee having the power to exercise a significant
influence over decisions concerning any part of the operation of the gaming
licensee or sports betting licensee.
(18) Licensed gaming establishment means any premises licensed
pursuant to this article 30 for the conduct of gaming.
(19) Licensed premises means that portion of any premises licensed for the
conduct of limited gaming. Nothing pursuant to this subsection (19) shall be
construed to prohibit the affected local governing authority from otherwise
determining the size of any building. In no event shall the licensed premises exceed
thirty-five percent of the square footage of any building and no more than fifty
percent of any one floor of the building.
(20) Licensee means any person licensed under this article 30.
(21) Licensing authority means the Colorado limited gaming control
commission.
(22) Limited card games and slot machines, limited gaming, or gaming
means physical and electronic versions of slot machines, craps, roulette, and the
card games of poker and blackjack authorized by this article 30, as well as such
other games as are approved by the voters of Central, Black Hawk, or Cripple Creek
at a local election held in each city to control the conduct of gaming in that
jurisdiction, and defined and regulated by the commission, each game having a
maximum single bet as approved by the voters of Central, Black Hawk, or Cripple
Creek at a local election held in each city to control the conduct of gaming in that
jurisdiction.
(23) Operator means any person who places slot machines upon the
person's business premises or any person who, individually or jointly, pursuant to an
agreement whereby consideration is paid for the right to place slot machines on
another's business premises, engages in the business of placing and operating slot
machines on retail premises within the cities of Central, Black Hawk, or Cripple
Creek.
(24) Person means an individual, partnership, business trust, government
or governmental subdivision or agency, estate, association, trust, for-profit
corporation, nonprofit corporation, organization, or any other legal entity or a
manager, agent, servant, officer, or employee thereof.
(25) (a) Poker means a card game played by a player or players who are
dealt cards by a dealer. The object of the game is:
(I) For each player to bet the superiority of such player's hand and win the
other players' bets by either making a bet no other player is willing to match or
proving to hold the most valuable cards after all the betting is over; or
(II) For each player, whether by reason of the skill of the player or application
of the element of chance, or both, to hold a poker hand entitled to a monetary or
premium return based upon a publicly available pay schedule.
(b) In a variation of poker in which there can be more than one winning hand
and the dealer's participation is necessary or desirable to improve the game for
players other than the dealer, the dealer may play, but under no circumstances may
the dealer place a wager in any game in which he or she is dealing. A game in which
the player holding the highest-scoring hand splits his or her winnings with the
player holding the lowest-scoring hand does not qualify as a variation of poker in
which there can be more than one winning hand for purposes of this subsection
(25)(b).
(26) Repeating gambling offender shall have the same meaning as set
forth in section 18-10-102 (9).
(27) Retailer means any licensee who maintains gaming at his or her place
of business within the cities of Central, Black Hawk, or Cripple Creek for use and
operation by the public.
(28) Retail space means the area where a retailer's business is principally
conducted.
(29) Roulette means a game in which a ball is spun on a rotating wheel and
drops into a numbered slot on the wheel, and bets are placed on which slot the ball
will come to rest in.
(30) (a) Slot machine means any mechanical, electrical, video, electronic, or
other device, contrivance, or machine which, after insertion of a coin, token, or
similar object, or upon payment of any required consideration whatsoever by a
player, is available to be played or operated, and that, whether by reason of the skill
of the player or application of the element of chance, or both, may deliver or entitle
the player operating the machine to receive cash premiums, merchandise, tokens,
or redeemable game credits, or any other thing of value other than unredeemable
free games, whether the payoff is made automatically from the machines or in any
other manner.
(b) Slot machine does not include:
(I) A vintage slot machine model that:
(A) Was introduced on the market before 1984;
(B) Does not contain component parts manufactured in 1984 or thereafter;
and
(C) Is not used for gambling purposes or in connection with limited gaming;
or
(II) Crane games.
(31) Slot machine distributor means any person who imports into this state,
or first receives in this state, slot machines, or who sells, leases, for a fixed or flat
fee, or distributes slot machines in this state; except that slot machine distributor
does not include operators licensed in this state.
(32) Slot machine manufacturer means any person who designs,
assembles, fabricates, produces, constructs, or otherwise prepares a complete or
component part of a slot machine, other than tables or cabinetry; except that slot
machine manufacturer does not include licensed operators performing incidental
repairs on their own slot machines or slot machines leased or distributed by them. A
licensed slot machine manufacturer may sell slot machines, or components of slot
machines, of its own manufacture to licensed slot machine distributors or
operators. A licensed manufacturer may also import those slot machine parts or
components necessary for its manufacturing operations.
(32.5) Sports betting means placing one or more bets in a sports betting
operation, as defined in section 44-30-1501 (10).
(33) Suitability or suitable means, in relation to a person, the ability to be
licensed by the commission and, in relation to acts or practices, lawful acts or
practices.
(34) Unsuitability or unsuitable means, in relation to a person, the inability
to be licensed by the commission because of prior acts, associations, or financial
conditions, and, in relation to acts or practices, those that violate or would violate
the statutes or rules or are or would be contrary to the declared legislative
purposes of this article 30.
(35) Within the cities of Central, Black Hawk, or Cripple Creek means
within the commercial district of any of those cities as specified in section 44-30-105.