to 464.380 and 464.420 to 464.530.

464.250 to 464.380 and 464.420 to 464.530.

����� (10) �Handle� means the total amount of money and other things of value bet on the bingo, lotto or raffle games, the value of raffle chances sold or the total amount collected from the sale of imitation money during Monte Carlo events.

����� (11) �Internet� means an interactive computer service or system or an information service, system or access software provider that provides or enables computer access by multiple users to a computer server and includes, but is not limited to, an information service, system or access software provider that provides access to a network system commonly known as the Internet, or any comparable system or service and also includes, but is not limited to a World Wide Web page, newsgroup, message board, mailing list or chat area on any interactive computer service or system or other online service.

����� (12) �Lottery� or �policy� means an unlawful gambling scheme in which:

����� (a) The players pay or agree to pay something of value for chances, represented and differentiated by numbers or by combinations of numbers or by some other medium, one or more of which chances are to be designated the winning ones;

����� (b) The winning chances are to be determined by a drawing or by some other method; and

����� (c) The holders of the winning chances are to receive something of value.

����� (13) �Monte Carlo event� means a gambling event at which wagers are placed with imitation money upon contests of chance in which players compete against other players or against the house. As used in this subsection, �imitation money� includes imitation currency, chips or tokens.

����� (14) �Numbers scheme or enterprise� means a form of lottery in which the winning chances or plays are not determined upon the basis of a drawing or other act on the part of persons conducting or connected with the scheme, but upon the basis of the outcome of a future contingent event otherwise unrelated to the particular scheme.

����� (15) �Operating expenses� means those expenses incurred in the operation of a bingo, lotto or raffle game, including only the following:

����� (a) Salaries, employee benefits, workers� compensation coverage and state and federal employee taxes;

����� (b) Security services;

����� (c) Legal and accounting services;

����� (d) Supplies and inventory;

����� (e) Rent, repairs, utilities, water, sewer and garbage;

����� (f) Insurance;

����� (g) Equipment;

����� (h) Printing and promotions;

����� (i) Postage and shipping;

����� (j) Janitorial services and supplies; and

����� (k) Leasehold improvements.

����� (16) �Player� means a person who engages in any form of gambling solely as a contestant or bettor, without receiving or becoming entitled to receive any profit therefrom other than personal gambling winnings, and without otherwise rendering any material assistance to the establishment, conduct or operation of the particular gambling activity. A person who gambles at a social game of chance on equal terms with the other participants therein is a person who does not otherwise render material assistance to the establishment, conduct or operation thereof by performing, without fee or remuneration, acts directed toward the arrangement or facilitation of the game, such as inviting persons to play, permitting the use of premises therefor and supplying cards or other equipment used therein. A person who engages in bookmaking is not a player.

����� (17) �Profits from unlawful gambling� means that a person, acting other than solely as a player, accepts or receives money or other property pursuant to an agreement or understanding with another person whereby the person participates or is to participate in the proceeds of unlawful gambling.

����� (18) �Promotes unlawful gambling� means that a person, acting other than solely as a player, engages in conduct that materially aids any form of unlawful gambling. Conduct of this nature includes, but is not limited to, conduct directed toward the creation or establishment of the particular game, contest, scheme, device or activity involved, toward the acquisition or maintenance of premises, paraphernalia, equipment or apparatus therefor, toward the solicitation or inducement of persons to participate therein, toward the conduct of the playing phases thereof, toward the arrangement of any of its financial or recording phases or toward any other phase of its operation. A person promotes unlawful gambling if, having control or right of control over premises being used with the knowledge of the person for purposes of unlawful gambling, the person permits the unlawful gambling to occur or continue or makes no effort to prevent its occurrence or continuation.

����� (19) �Raffle� means a lottery operated by a charitable, fraternal or religious organization wherein the players pay something of value for chances, represented by numbers or combinations thereof or by some other medium, one or more of which chances are to be designated the winning ones or determined by a drawing and the player holding the winning chance is to receive something of value.

����� (20)(a) �Slot machine� means a gambling device that as a result of the insertion of a coin or other object operates, either completely automatically, or with the aid of some physical act by the player, in such a manner that, depending upon elements of chance, it may eject something of value or otherwise entitle the player to something of value. A device so constructed or readily adaptable or convertible to such use is no less a slot machine because it is not in working order or because some mechanical act of manipulation or repair is required to accomplish its adaptation, conversion or workability. Nor is it any less a slot machine because apart from its use or adaptability as such it may also sell or deliver something of value on the basis other than chance.

����� (b) �Slot machine� does not include any device authorized by the Oregon State Lottery Commission for:

����� (A) Display and demonstration purposes only at trade shows; or

����� (B) Training and testing purposes by the Department of State Police.

����� (21) �Social game� means:

����� (a) A game, other than a lottery, between players in a private home where no house player, house bank or house odds exist and there is no house income from the operation of the social game; and

����� (b) If authorized pursuant to ORS 167.121, a game, other than a lottery, between players in a private business, private club or place of public accommodation where no house player, house bank or house odds exist and there is no house income from the operation of the social game.

����� (22) �Something of value� means any money or property, any token, object or article exchangeable for money or property, or any form of credit or promise directly or indirectly contemplating transfer of money or property or of any interest therein.

����� (23) �Trade show� means an exhibit of products and services that is:

����� (a) Not open to the public; and

����� (b) Of limited duration.

����� (24) �Unlawful� means not specifically authorized by law. [1971 c.669 �3a; 1971 c.743 �263; 1973 c.788 �1; 1974 c.7 �1; 1975 c.421 �1; 1977 c.850 �1; 1983 c.813 �1; 1987 c.914 �1; 1991 c.962 �7; 1995 c.577 �2; 1997 c.867 �1; 1999 c.193 �1; 2001 c.228 �1; 2001 c.502 �7; 2005 c.57 �1; 2005 c.355 �2; 2015 c.137 �3]

����� 167.118 Certain games or events conducted by charitable, fraternal or religious organizations; rules. (1) When a charitable, fraternal or religious organization is licensed by the Department of Justice to conduct bingo, lotto or raffle games or Monte Carlo events, only the organization or an employee of the organization authorized by the department may receive money or property or otherwise directly profit from the operation of the games, except that:

����� (a) The organization operating the games may present a prize of money or other property to any player not involved in the administration or management of the games.

����� (b) An organization licensed to conduct Monte Carlo events may contract with a licensed supplier of Monte Carlo event equipment to operate the event, including the provision of equipment, supplies and personnel, provided that the licensed supplier is paid a fixed fee to conduct the event and the imitation money is sold to players by employees or volunteers of the licensed charitable, fraternal or religious organization.

����� (c) A person may sell, rent or lease equipment, including electronic equipment, proprietary computer software and real property to a licensed charitable, fraternal or religious organization. Rent or lease payments must be made in compliance with the provisions of ORS 464.510.

����� (d) An organization licensed by the department may act as an escrow agent to receive money or property to be awarded as prizes.

����� (2) A charitable, fraternal or religious organization may not operate bingo, lotto or raffle games or Monte Carlo events except at locations and upon days and for periods of time as the department authorizes pursuant to this section and ORS 464.250 to 464.380, 464.420 and 464.450 to 464.530.

����� (3)(a) An organization licensed by the department to operate bingo or lotto games may not award a prize exceeding $5,000 in value in any one game. An organization licensed by the department to operate a Monte Carlo event may not present any prize of money, or a cash equivalent, to any player.

����� (b) Notwithstanding any provision of ORS 167.108 to 167.164 and 464.270 to 464.530 to the contrary, a bingo licensee may operate two games per year with a prize not to exceed $10,000 per game and, if approved by the department, may also participate in a linked progressive game involving only Oregon licensees, without regard to the number of games or the size of the prize awarded.

����� (4) Each charitable, fraternal or religious organization that maintains, conducts or operates any bingo, lotto or raffle game or Monte Carlo event under license of the department must operate the game or event in accordance with rules adopted by the department.

����� (5) It is unlawful for a licensee to permit the operating expenses of the games to exceed 22 percent of the annual handle of its bingo, lotto and raffle operation.

����� (6) It is unlawful for a charitable, fraternal or religious organization licensed by the department to operate bingo, lotto or raffle games if:

����� (a) The handle of the games and events exceeds $250,000 in a year; and

����� (b) The games and events do not generate for the organization�s purposes, after the cost of prizes and operating expenses are deducted from the handle, an amount that equals or exceeds five percent of the handle. [1987 c.914 �3; 1991 c.274 �2; 1995 c.331 �1; 1997 c.867 �2; 1999 c.218 �1; 2001 c.228 �2; 2003 c.417 �1; 2017 c.60 �1]

����� 167.119 [1973 c.788 �3; repealed by 1974 c.7 �2]

����� 167.120 [Amended by 1955 c.514 �1; 1969 c.404 �1; repealed by 1971 c.743 �432]

����� 167.121 Local authorization of social games. Counties and cities may, by ordinance, authorize the playing or conducting of a social game in a private business, private club or in a place of public accommodation. Such ordinances may provide for regulation or licensing of the social games authorized. [1974 c.7 �3]

����� Note: 167.121 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 167 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 167.122 Unlawful gambling in the second degree. (1) A person commits the crime of unlawful gambling in the second degree if the person knowingly:

����� (a) Places a bet with a bookmaker; or

����� (b) Participates or engages in unlawful gambling as a player.

����� (2) Unlawful gambling in the second degree is a Class A misdemeanor. [1971 c.743 �264; 1997 c.867 �21]

����� 167.125 [Amended by 1969 c.404 �2; repealed by 1971 c.743 �432]

����� 167.127 Unlawful gambling in the first degree. (1) A person commits the crime of unlawful gambling in the first degree if the person knowingly promotes or profits from unlawful gambling.

����� (2) Unlawful gambling in the first degree is a Class C felony. [1971 c.743 �265; 1997 c.867 �22]

����� 167.130 [Repealed by 1971 c.743 �432]

����� 167.132 Possession of gambling records in the second degree. (1) A person commits the crime of possession of gambling records in the second degree if, with knowledge of the contents thereof, the person possesses any writing, paper, instrument or article:

����� (a) Of a kind commonly used in the operation or promotion of a bookmaking scheme or enterprise; or

����� (b) Of a kind commonly used in the operation, promotion or playing of a lottery or numbers scheme or enterprise.

����� (2) Possession of gambling records in the second degree is a Class A misdemeanor. [1971 c.743 �266]

����� 167.135 [Repealed by 1971 c.743 �432]

����� 167.137 Possession of gambling records in the first degree. (1) A person commits the crime of possession of gambling records in the first degree if, with knowledge of the contents thereof, the person possesses any writing, paper, instrument or article:

����� (a) Of a kind commonly used in the operation or promotion of a bookmaking scheme or enterprise, and constituting, reflecting or representing more than five bets totaling more than $500; or

����� (b) Of a kind commonly used in the operation, promotion or playing of a lottery or numbers scheme or enterprise, and constituting, reflecting or representing more than 500 plays or chances therein.

����� (2) Possession of gambling records in the first degree is a Class C felony. [1971 c.743 �267]

����� 167.140 [Repealed by 1971 c.743 �432]

����� 167.142 Defense to possession of gambling records. In any prosecution under ORS 167.132 or 167.137 it is a defense if the writing, paper, instrument or article possessed by the defendant is neither used nor intended to be used in the operation or promotion of a bookmaking scheme or enterprise, or in the operation, promotion or playing of a lottery or numbers scheme or enterprise. [1971 c.743 �268]

����� 167.145 [Repealed by 1971 c.743 �432]

����� 167.147 Possession of a gambling device; defense. (1) A person commits the crime of possession of a gambling device if, with knowledge of the character thereof, the person manufactures, sells, transports, places or possesses, or conducts or negotiates a transaction affecting or designed to affect ownership, custody or use of:

����� (a) A slot machine; or

����� (b) Any other gambling device, believing that the device is to be used in promoting unlawful gambling activity.

����� (2) Possession of a gambling device is a Class A misdemeanor.

����� (3) It is a defense to a charge of possession of a gambling device if the slot machine or gambling device that caused the charge to be brought was manufactured:

����� (a) Prior to 1900 and is not operated for purposes of unlawful gambling; or

����� (b) More than 25 years before the date on which the charge was brought and:

����� (A) Is located in a private residence;

����� (B) Is not operated for the purposes of unlawful gambling; and

����� (C) Has permanently affixed to it by the manufacturer, the manufacturer�s name and either the date of manufacture or the serial number. [1971 c.743 �269; 1977 c.264 �1; 1983 c.403 �1; 1993 c.781 �1; 1995 c.577 �1]

����� 167.150 [Repealed by 1961 c.579 �2]

����� 167.151 [1961 c.579 �1; 1963 c.480 �1; repealed by 1971 c.743 �432]

����� 167.152 [1955 c.494 �1; repealed by 1971 c.743 �432]

����� 167.153 Proving occurrence of sporting event in prosecutions of gambling offenses. In any prosecution under ORS