99B.12 - GAMES BETWEEN INDIVIDUALS.
99B.12 GAMES BETWEEN INDIVIDUALS.
1. Except in instances where because of the location of the game
or the circumstances of the game section 99B.3, section 99B.5,
section 99B.6, section 99B.7, section 99B.7B, section 99B.8, or
section 99B.9 is applicable, individuals may participate in gambling
specified in subsection 2, but only if all of the following are
complied with:
a. The gambling is incidental to a bona fide social
relationship between all participants.
b. The gambling is not participated in, either wholly or in
part, on or in any property subject to chapter 297, relating to
schoolhouses and schoolhouse sites.
c. All participants in the gambling are individuals, and no
participant may participate as the agent of another person.
d. The gambling shall be fair and honest, and shall not be
designed, devised or adapted to permit predetermination of the
winner, or to prevent a participant from winning, and no concealed
numbers or conversion charts may be used to determine the winner of
any game.
e. No person receives or has any fixed or contingent right to
receive, directly or indirectly, any profit, remuneration, or
compensation from or as a result of the gambling, except any amount
which the person may win as a participant on the same basis as the
other participants.
f. No person may participate in any wager, bet or pool which
relates to an athletic event or contest and which is authorized or
sponsored by one or more schools, educational institutions, or
interscholastic athletic organizations if the person is a coach,
official, player or contestant in the athletic event or contest.
g. No participant wins or loses more than a total of fifty
dollars or other consideration equivalent thereto in one or more
games or activities permitted by this section at any time during any
period of twenty-four consecutive hours or over that entire period.
For the purpose of this paragraph a person wins the total amount at
stake in any game, wager or bet, regardless of any amount that person
may have contributed to the amount at stake.
h. No participant pays an entrance fee, cover charge, or
other charge for the privilege of participating in gambling, or for
the privilege of gaining access to the location in which gambling
occurs.
i. In any game requiring a dealer or operator, the
participants must have the option to take their turn at dealing or
operating the game in a regular order according to the standard rules
of the game.
2. Games which are permitted by this section are limited to the
following:
a. Card and parlor games, including but not limited to poker,
pinochle, pitch, gin rummy, bridge, euchre, hearts, cribbage,
dominoes, checkers, chess, backgammon, pool, and darts. However, it
shall be unlawful gambling for any person to engage in bookmaking, or
to play any punchboard, pushcard, pull-tab, or slot machine, or to
play craps, chuck-a-luck, roulette, klondike, blackjack, chemin de
fer, baccarat, faro, equality, three-card monte, or any other game,
except poker, which is customarily played in gambling casinos and in
which the house customarily provides a banker, dealer, or croupier to
operate the game, or a specially designed table upon which to play
the game.
b. Games of skill and games of chance, except those
prohibited by paragraph "a" of this subsection.
c. Wagers or bets between two or more individuals who are
physically in the presence of each other with respect to a contest
specified in section 99B.11, subsection 2, except as provided in
subsection 1, paragraph "g", or with respect to any other event
or outcome which does not depend upon gambling or the use of a
gambling device unlawful in this state.
3. An individual may not be convicted of a violation of this
section unless the individual had knowledge of or reason to know the
facts constituting the violation. Section History: Early Form
[C75, § 726.12; C77, 79, 81, § 99B.12] Section History: Recent Form
2002 Acts, ch 1068, §14; 2003 Acts, ch 44, §33; 2007 Acts, ch 119,
§5
Referred to in § 99B.1