99B.1 - DEFINITIONS.
99B.1 DEFINITIONS.
As used in this chapter, unless the context otherwise requires:
1. "Amusement concession" means any place where a single game
of skill or game of chance is conducted by a person for profit, and
includes the area within which are confined the equipment, playing
area and other personal property necessary for the conduct of the
game.
2. "Amusement device" means an electrical or mechanical
device possessed and used in accordance with section 99B.10. When
possessed and used in accordance with that section, an amusement
device is not a game of skill or game of chance, and is not a
gambling device.
3. "Applicant" means an individual or an organization.
4. "Authorized" means approved as a concession by the Iowa
state fair board or a fair conducting a fair event as provided in
chapter 174.
5. "Bingo" means a game, whether known as bingo or any other
name, in which each participant uses one or more cards each of which
is marked off into spaces arranged in horizontal and vertical rows of
spaces, with each space being designated by number, letter, or
combination of numbers and letters, no two cards being identical,
with the players covering spaces as the operator of the game
announces the number, letter, or combination of numbers and letters
appearing on an object selected by chance, either manually or
mechanically, from a receptacle in which have been placed objects
bearing numbers, letters, or combinations of numbers and letters
corresponding to the system used for designating the spaces, with the
winner of each game being the player or players first properly
covering a predetermined and announced pattern of spaces on a card
being used by the player or players. Each determination of a winner
by the method described in the preceding sentence is a single bingo
game at any bingo occasion.
6. "Bingo occasion" means a single gathering or session at
which successive bingo games are played. A bingo occasion commences
when the operator of the game begins to announce the number, letter,
or combination of numbers or letters through which the winner of a
single bingo game will be determined.
7. "Bona fide social relationship" as used herein means a
real, genuine, unfeigned social relationship between two or more
persons wherein each person has an established knowledge of the
other, which has not arisen for the purpose of gambling.
8. "Bookmaking" as used herein means the taking or receiving
of any bet or wager upon the result of any trial or contest of skill,
speed, power or endurance of human, beast, fowl or motor vehicle,
which is not a wager or bet pursuant to section 99B.12, subsection 2,
paragraph "c", or which is laid off, placed, given, received or
taken, by an individual who was not present when the wager or bet was
undertaken, or by any publicly or privately owned enterprise where
such wagers or bets may be undertaken.
9. A person "conducts" a specified activity if that person
owns, promotes, sponsors, or operates a game or activity. A natural
person does not "conduct" a game or activity if the person is
merely a participant in a game or activity which complies with
section 99B.12.
10. "Controlling shareholder" means either of the following:
a. A person who directly or indirectly owns or controls ten
percent or more of any class of stock of a license applicant.
b. A person who directly or indirectly has an interest of ten
percent or more in the ownership or profits of a license applicant.
11. "Department" means the department of inspections and
appeals.
12. "Distributor" means, for the purposes of sections 99B.10,
99B.10A, and 99B.10B, any person that owns electrical and mechanical
amusement devices registered as provided in section 99B.10,
subsection 1, paragraph "f", that are offered for use at more
than a single location or premises.
13. a. "Eligible applicant" means an applicant who meets all
of the following requirements:
(1) The applicant's financial standing and good reputation are
within the standards established by the department by rule under
chapter 17A so as to satisfy the director of the department that the
applicant will comply with this chapter and the rules applicable to
operations under it.
(2) The applicant is a citizen of the United States and a
resident of this state, or a corporation licensed to do business in
this state, or a business that has an established place of business
in this state or that is doing business in this state.
(3) The applicant has not been convicted of a felony. However,
if the applicant's conviction occurred more than five years before
the date of the application for a license, and if the applicant's
rights of citizenship have been restored by the governor, the
director of the department may determine that the applicant is an
eligible applicant.
b. If the applicant is an organization, then the requirements
of paragraph "a", subparagraphs (1) through (3), apply to the
officers, directors, partners and controlling shareholders of the
organization.
14. "Fair" means an annual fair and exposition held by the
Iowa state fair board and any fair event conducted by a fair under
the provisions of chapter 174.
15. "Game of chance" means a game whereby the result is
determined by chance and the player in order to win aligns objects or
balls in a prescribed pattern or order or makes certain color
patterns appear and specifically includes but is not limited to the
game defined as bingo. Game of chance does not include a slot
machine.
16. "Game of skill" means a game whereby the result is
determined by the player directing or throwing objects to designated
areas or targets, or by maneuvering water or an object into a
designated area, or by maneuvering a dragline device to pick up
particular items, or by shooting a gun or rifle.
17. "Gross receipts" means the total revenue received from
the sale of rights to participate in a game of skill, game of chance,
or raffle and admission fees or charges.
18. "Manufacturer" means, for the purposes of sections
99B.10, 99B.10A, and 99B.10B, any person engaged in business in this
state who originally produces an electrical and mechanical amusement
device required to be registered under section 99B.10, subsection 1,
paragraph "f", or individual components for use in such a device.
19. "Manufacturer's representative" means, for the purposes
of sections 99B.10, 99B.10A, and 99B.10B, any person engaged in
business in this state who promotes or sells electrical and
mechanical amusement devices required to be registered under section
99B.10, subsection 1, paragraph "f", or individual components for
use in such devices on behalf of a manufacturer of such devices or
components.
20. "Merchandise" includes lottery tickets or shares sold or
authorized under chapter 99G. The value of the ticket or share is
the price of the ticket or share as established by the Iowa lottery
authority pursuant to chapter 99G.
21. "Net receipts" means gross receipts less amounts awarded
as prizes and less state and local sales tax paid upon the gross
receipts. Reasonable expenses, charges, fees, taxes other than the
state and local sales tax, and deductions allowed by the department
shall not exceed twenty-five percent of net receipts.
22. "Net rent" means the total rental charge minus reasonable
expenses, charges, fees, and deductions allowed by the department.
23. "Owner" means, for the purposes of sections 99B.10A and
99B.10B, any person who owns an operable electrical and mechanical
amusement device required to be registered under section 99B.10,
subsection 1, paragraph "f".
24. "Posted" means that the person conducting a game has
caused to be placed near the front or playing area of the game a sign
at least thirty inches by thirty inches, with permanent material and
lettering, stating at the top in letters at least three inches high:
"Rules of the Game". Thereunder there shall be set forth in large,
easily readable print, the name of the game, the price to play the
game, the complete rules for the game and the name and permanent
mailing address of the owner of the game.
25. "Qualified organization" means any licensed organization
which dedicates the net receipts of a game of skill, game of chance
or raffle as provided in section 99B.7 and meets the requirements of
section 99B.7, subsection 1, paragraph "m".
26. "Raffle" means a lottery in which each participant buys a
ticket for a chance at a prize with the winner determined by a random
method and the winner is not required to be present to win.
"Raffle" does not include a slot machine.
27. "Social games" means and includes only the activities
permitted by section 99B.12, subsection 2.
28. "Unrelated entity" means a person that has a separate and
distinct state charter and tax identification number from any other
person and, if the person is an individual, an individual that is not
related by law or by consanguinity. Section History: Early Form
[C75, 77, 79, 81, § 99B.1; 81 Acts, ch 44, § 1--3] Section History: Recent Form
84 Acts, ch 1220, § 3; 86 Acts, ch 1042, § 1; 86 Acts, ch 1201, §
1; 86 Acts, ch 1245, § 711; 87 Acts, ch 115, § 14; 89 Acts, ch 231, §
13--15; 90 Acts, ch 1233, § 4; 94 Acts, ch 1062, §1; 2000 Acts, ch
1130, §1; 2003 Acts, ch 178, §102, 121; 2003 Acts, ch 179, §142; 2004
Acts, ch 1019, §3; 2004 Acts, ch 1118, §1, 11; 2007 Acts, ch 173, §1;
2008 Acts, ch 1032, §187
Referred to in § 717E.1