2018 -- H 7339

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LC003996

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO CRIMINAL OFFENSES -- GAMBLING AND LOTTERIES

     

     Introduced By: Representatives O'Brien, McEntee, McNamara, Johnston, and Amore

     Date Introduced: January 31, 2018

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 11-19-1 and 11-19-19 of the General Laws in Chapter 11-19

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entitled "Gambling and Lotteries" are hereby amended to read as follows:

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     11-19-1. Forms of gambling prohibited.

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     Every person who shall, directly or indirectly, set up, put forth, carry on, promote, or

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draw, publicly or privately, any lottery, chance, game, or device of any nature or kind

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whatsoever, or by whatsoever name it may be called, for the purpose of exposing, setting for sale

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or disposing of any money, houses, lands, merchandise, or articles of value, or shall sell or expose

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to sale lottery policies, purporting to be governed by the drawing of any public or private lottery,

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or shall sign or endorse any book, document, or paper whatsoever, for the purpose of enabling

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others to sell, or expose to sale, lottery policies, except as authorized in this chapter, including,

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but not limited to, §§ 11-19-46 and 11-19-47, and in title 41 and chapters 61 and 61.2 of title 42,

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shall be deemed guilty of a felony and shall be imprisoned not exceeding two (2) years or be

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fined not exceeding two thousand dollars ($2,000).

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     11-19-19. Revocation of license of gambling place.

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     If a person in violation of § §§ 11-19-18 or 11-19-47 is a tavernkeeper, innholder,

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retailer, or keeper of any other house or place of public resort which is licensed, that license shall

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in addition be declared null and void by the court in which he or she shall be convicted.

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     SECTION 2. Chapter 11-19 of the General Laws entitled "Gambling and Lotteries" is

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hereby amended by adding thereto the following section:

 

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     11-19-46. Social gaming permitted.

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     (a) Social gaming defined herein as a game other than a lottery, between players where

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gambling is incidental to a bona fide social relationship between participants and where no person

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other than the players participating in the social game are entitled to receive anything of value and

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provided that none of the participants are involved with professional gambling, shall be permitted

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under this chapter.

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     (b) No host of a social game under this chapter shall be guilty of promoting a form of

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illegal gambling when the host, in a private residence, offers gaming allowable under subsection

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(a) of this section, provided that the participants are invitees of the owner/tenant, and the

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owner/tenant derives no monetary benefit from and does not intend to derive a profit from aiding

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or inducing another to gamble by hosting the event.

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     11-19-46. Places social gambling permitted.

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     (a) Notwithstanding any general law to the contrary, it shall not be illegal for any private

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business, private club or place of public accommodation to allow on its premises:

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     (1) Social gaming allowed under § 11-19-46, provided that the owner or operator of the

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premises derives no monetary benefit from and does not intend to derive a profit from aiding or

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inducing another to gamble by allowing the gaming to occur on the premises; or

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     (2) The running of "office pools" based on the result or occurrence of a social or sporting

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event, provided that:

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     (i) No money is withheld from the amount paid by the participants by the operator or the

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promoter of the pool;

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     (ii) All monies paid by the participants, as an entry fee or otherwise, are paid out to the

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winner based on the result of the pool;

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     (iii) That prior to participation each entrant has an equal chance to win the pool;

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     (iv) Participants must be of legal age to gamble as provided for in this title; and

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     (v) That holders of liquor licenses who desire to are required to apply for a permit to

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conduct such activities as part of the liquor license. Such holders shall pay a fee of one hundred

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dollars ($100) for said permit to the department of business regulation and display the permit

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prominently along with their liquor license.

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     (b) Notwithstanding subsection (a) of this section, a nonprofit organization may petition

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the state police to run a pool, in the same manner as proscribed in § 11-19-31, and withhold an

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amount of the money in the pool for its charitable purposes, as long as:

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     (1) The percentage of the money to be withheld from the total amount of the pool does

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not exceed twenty-five percent (25%) and is clearly spelled out prior to the entrants' participation;

 

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     (2) No outside agent or professional fundraisers derive a profit from the activity; and

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     (3) The disbursement of proceeds is limited to the pool winner, de minimis expense

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incurred in running the pool, and the charity itself.

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     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL OFFENSES -- GAMBLING AND LOTTERIES

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     This act would allow social gaming in private residences and in public taverns or private

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clubs so long as the gambling is incidental to a bona fide social relationship between the

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participants and so long as no person other than the participants receive anything of value. It

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would provide that no entry fees or proceeds from the gaming activity be payable to the house,

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host, owner, or manager of the establishment or residence.

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     This act would take effect upon passage.

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