99B.6 - GAMES WHERE LIQUOR OR BEER IS SOLD.
99B.6 GAMES WHERE LIQUOR OR BEER IS SOLD.
1. Except as provided in subsections 5, 6, 7, 8, and 9, gambling
is unlawful on premises for which a class "A", class "B", class "C",
or class "D" liquor control license, or class "B" beer permit has
been issued pursuant to chapter 123 unless all of the following are
complied with:
a. The holder of the liquor control license or beer permit
has submitted an application for a license and an application fee of
one hundred fifty dollars, and has been issued a license, and
prominently displays the license on the premises.
b. The holder of the liquor control license or beer permit or
any agent or employee of the license or permit holder does not
participate in, sponsor, conduct or promote, or act as cashier or
banker for any gambling activities, except as a participant while
playing on the same basis as every other participant.
c. Gambling other than social games is not engaged in on the
premises covered by the license or permit.
d. Concealed numbers or conversion charts are not used to
play any game, and a game is not adapted with any control device to
permit manipulation of the game by the operator in order to prevent a
player from winning or to predetermine who the winner will be, and
the object of the game is attainable and possible to perform under
the rules stated from the playing position of the player.
e. The game must be conducted in a fair and honest manner.
f. No person receives or has any fixed or contingent right to
receive, directly or indirectly, any amount wagered or bet or any
portion of amounts wagered or bet, except an amount which the person
wins as a participant while playing on the same basis as every other
participant.
g. No cover charge, participation charge or other charge is
imposed upon a person for the privilege of participating in or
observing gambling, and no rebate, discount, credit, or other method
is used to discriminate between the charge for the sale of goods or
services to participants in gambling and the charge for the sale of
goods or services to nonparticipants. Satisfaction of an obligation
into which a member of an organization enters to pay at regular
periodic intervals a sum fixed by that organization for the
maintenance of that organization is not a charge which is prohibited
by this paragraph.
h. No participant wins or loses more than a total of fifty
dollars or more 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.
i. No participant is participating as an agent of another
person.
j. A representative of the department or a law enforcement
agency is immediately admitted, upon request, to the premises with or
without advance notice.
k. A person under the age of twenty-one years shall not
participate in the gambling except pursuant to sections 99B.3, 99B.4,
99B.5, and 99B.7. Any licensee knowingly allowing a person under the
age of twenty- one to participate in the gambling prohibited by this
paragraph or any person knowingly participating in gambling with a
person under the age of twenty-one, is guilty of a simple
misdemeanor.
2. The holder of a license issued pursuant to this section is
strictly accountable for complying with subsection 1. Proof of an
act constituting a violation is grounds for revocation of the license
issued pursuant to this section if the holder of the license
permitted the violation to occur when the licensee knew or had
reasonable cause to know of the act constituting the violation.
3. A participant in a social game which is not in compliance with
this section shall be liable for a criminal penalty only if that
participant has knowledge of or reason to know the facts constituting
the violation.
4. The holder of a license issued pursuant to this section and
every agent of that licensee who is required by the licensee to
exercise control over the use of the premises who knowingly permits
or engages in acts or omissions which constitute a violation of
subsection 1 commits a serious misdemeanor. A licensee has knowledge
of acts or omissions if any agent of the licensee has knowledge of
those acts or omissions.
5. Lottery tickets or shares authorized pursuant to chapter 99G
may be sold on the premises of an establishment that serves or sells
alcoholic beverages, wine, or beer as defined in section 123.3.
6. A qualified organization may conduct games of skill, games of
chance, or raffles pursuant to section 99B.7 in an establishment that
serves or sells alcoholic beverages, wine, or beer as defined in
section 123.3 if the games or raffles are conducted pursuant to this
chapter or rules adopted pursuant to this chapter.
7. The holder of a liquor control license or beer permit may
conduct a sports betting pool if the game is publicly displayed and
the rules of the game, including the cost per participant and the
amount of the winning is conspicuously displayed on or near the pool.
No participant may wager more than five dollars and the maximum
winnings to all participants from the pool shall not exceed five
hundred dollars. The provisions of subsection 1, except paragraphs
"c" and "h" and the prohibition of the use of concealed
numbers in paragraph "d", are applicable to pools conducted under
this subsection. If a pool permitted by this subsection involves the
use of concealed numbers, the numbers shall be selected by a random
method and no person shall be aware of the numbers at the time wagers
are made in the pool. All moneys wagered shall be awarded to
participants. For purposes of this subsection, "pool" means a
game in which the participants select a square on a grid
corresponding to numbers on two intersecting sides of the grid and
winners are determined by whether the square selected corresponds to
numbers relating to an athletic event in the manner prescribed by the
rules of the game.
8. Gambling games authorized under chapter 99F may be conducted
on an excursion gambling boat or gambling structure which is licensed
as an establishment that serves or sells alcoholic beverages, wine,
or beer as defined in section 123.3 if the gambling games are
conducted pursuant to chapter 99F and rules adopted under chapter
99F. Notwithstanding section 123.3, subsection 26, paragraph
"b", a person holding a federal gambling permit and licensed to
conduct gambling games pursuant to chapter 99F may hold a liquor
license.
9. Pari-mutuel wagering authorized under chapter 99D may be
conducted within a racetrack enclosure which is licensed as an
establishment that serves or sells alcoholic beverages as defined in
section 123.3 if the pari- mutuel wagering is conducted pursuant to
chapter 99D and rules adopted under chapter 99D. Section History: Early Form
[C77, 79, 81, § 99B.6; 81 Acts, ch 44, § 7] Section History: Recent Form
86 Acts, ch 1201, § 4--6; 86 Acts, ch 1002, § 1, 2; 87 Acts, ch
184, § 3, 4; 88 Acts, ch 1274, § 32; 89 Acts, ch 67, § 20, 21; 89
Acts, ch 231, § 17; 90 Acts, ch 1175, § 3, 4; 94 Acts, ch 1021, §1;
2003 Acts, ch 178, §103, 121; 2003 Acts, ch 179, §142; 2007 Acts, ch
188, §3
Referred to in § 99B.2, 99B.9, 99B.12