Gambling Revisions

25
76-9-1401
76-9-1401
0
Gambling Revisions
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Joseph Elison
Senate Sponsor: Brady Brammer

Cosponsor:
Steve Eliason
Stephen L. Whyte
Ariel Defay
Raymond P. Ward
LONG TITLE
General Description:
This bill clarifies the definition of gambling.
Highlighted Provisions:
This bill:
defines a term;
clarifies that a proposition bet falls within the definition of gambling; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
76-9-1401
, as renumbered and amended by Laws of Utah 2025, Chapter 173
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
76-9-1401
is amended to read:
76-9-1401
. Definitions.
As used in this part:
(1)
(a)
"Amusement device" means a game that:
(i)
is activated by a coin, token, or other object of consideration or value; and
(ii)
does not provide the opportunity to:
(A)
enter into a sweepstakes, lottery, or other gambling event; or
(B)
receive any form of consideration or value, except an appropriate reward.
(b)
"Amusement device" includes:
(i)
a video game;
(ii)
a driving simulator;
(iii)
an electronic game;
(iv)
a claw machine;
(v)
a bowling game;
(vi)
a shuffleboard game;
(vii)
a skee-ball game;
(viii)
a pool table;
(ix)
a pinball machine;
(x)
a target machine; and
(xi)
a baseball machine.
(2)
"Amusement facility" means a facility that:
(a)
is operated primarily for the purpose of providing amusement or entertainment to
customers;
(b)
is located on property that is open to customers for the purpose of providing
customers with an opportunity to use an amusement device;
(c)
receives a substantial amount of the facility's revenue from the operation of
amusement devices; and
(d)
does not provide an opportunity for, or a machine or device that enables, gambling or
fringe gambling.
(3)
(a)
"Appropriate reward" means a reward that:
(i)
an individual receives as a result of the individual's participation in or use of an
amusement device; and
(ii)
provides:
(A)
full and adequate return for money, a token, or other consideration or value
invested into the amusement device;
(B)
an immediate and unrecorded ability to replay a game featured on an
amusement device that is not exchangeable for value;
(C)
a toy, novelty, or other non-monetary prize with a value of less than $100 as a
reward for playing; or
(D)
tickets or credits that are redeemable for a toy, novelty, or non-monetary prize
at an amusement facility, or at any franchise or chain of the amusement
facility, where the amusement device is located.
(b)
"Appropriate reward" does not include money, a gift certificate, a gift card, credit to
be used in a retail store, or other form of monetary compensation or reward.
(4)
"Consumer" means the same as that term is defined in Section
76-5c-401
.
(5)
"Enter or entry" means an act or process by which an individual becomes eligible to
receive a prize offered for participation in any form of sweepstakes, game, or contest.
(6)
(a)
"Fringe gambling" means any de facto form of gambling, lottery, fringe gaming
device, or video gaming device that is given, conducted, or offered for use or sale by
a business in exchange for anything of value or incident to the purchase of another
good or service.
(b)
"Fringe gambling" does not include:
(i)
a promotional activity that is clearly ancillary to the primary activity of a business;
or
(ii)
use of an amusement device or vending machine.
(7)
(a)
"Fringe gaming device" means a mechanically, electrically, or electronically
operated machine or device that:
(i)
is not an amusement device or a vending machine;
(ii)
is capable of displaying or otherwise presenting information on a screen or
through any other mechanism; and
(iii)
provides the user with a card, token, credit, gift certificate, product, or
opportunity to participate in a contest, game, gaming scheme, or sweepstakes with
a potential return of money or other prize.
(b)
"Fringe gaming device" includes a machine or device similar to a machine or device
described in Subsection
(7)(a)
that seeks to avoid application or circumvent this part
or Utah Constitution, Article VI, Section 27.
(8)
(a)
"Gambling" means risking anything of value for a return or risking anything of
value upon the outcome of a contest, game, gaming scheme, or gaming device when
the return or outcome:
(i)
is based on an element of chance, regardless of:
(A)
the existence of a preview or pre-reveal feature in the device, contest, or
game; or
(B)
whether the preview or pre-reveal feature described in Subsection
(8)(a)(i)(A)

allows users to see individual or successive outcomes; and
(ii)
is in accord with an agreement or understanding that someone will receive
anything of value in the event of a certain outcome.
(b)
"Gambling" includes
:

(i)
a lottery
.
; and
(ii)
a proposition bet.
(c)
"Gambling" does not include:
(i)
a lawful business transaction; or
(ii)
use of an amusement device.
(9)
"Gambling bet" means money, checks, credit, or any other representation of value.
(10)
"Gambling device or record" means anything specifically designed for use in gambling
or fringe gambling or used primarily for gambling or fringe gambling.
(11)
"Gambling proceeds" means anything of value used in gambling or fringe gambling.
(12)
"Internet service provider" means a person engaged in the business of providing
Internet
internet
access service, with the intent of making a profit, to consumers in Utah.
(13)
"Lottery" means any scheme for the disposal or distribution of property by chance
among persons who have paid or promised to pay any valuable consideration for the
chance of obtaining property, or portion of it, or for any share or any interest in property,
upon any agreement, understanding, or expectation that it is to be distributed or disposed
of by lot or chance, whether called a lottery, raffle, or gift enterprise, or by whatever
name it is known.
(14)
"Online gambling" means gambling, fringe gambling, or gaming by use of:
(a)
the
Internet
internet
; or
(b)
any mobile electronic device that allows access to data and information.
(15)
"Prize" means a gift, award, gratuity, good, service, credit, or anything else of value
that may be or is transferred to an individual or placed on an account or other record
with the intent to be transferred to an individual.
(16)
"Promotional activity that is clearly ancillary to the primary activity of a business"
means a promotional activity that:
(a)
continues for a limited period of time;
(b)
is related to a good or service ordinarily provided by a business or the marketing or
advertisement of a good or service ordinarily provided by the business;
(c)
does not require an individual to purchase a good or service from the business in
consideration for participation or an advantage in the promotional activity or any
other contest, game, gaming scheme, sweepstakes, or promotional activity;
(d)
promotes a good or service described in Subsection
(16)(b)
on terms that are
commercially reasonable; and
(e)
does not, through use of a machine or device:
(i)
simulate a gambling environment;
(ii)
require the purchase of something of value to participate in the promotional
activity that is not regularly used, purchased, or redeemed by users of the machine
or device;
(iii)
provide a good or service described in Subsection
(16)(b)
:
(A)
in a manner in which the person acquiring the good or service is unable to
immediately acquire, redeem, or otherwise use the good or service after the
time of purchase; or
(B)
at a value less than the full value of the good or service;
(iv)
appear or operate in a manner similar to a machine or device that is normally
found in a casino for the purpose of gambling;
(v)
provide an entertaining display, designed to appeal to an individual's senses, that
promotes actual or simulated game play that is similar in appearance or function
to gambling, including:
(A)
a video playing card game, including a video poker game;
(B)
a video bingo game;
(C)
a video craps game;
(D)
a video keno game;
(E)
a video lotto game;
(F)
an 8-liner machine;
(G)
a Pot O' Gold game;
(H)
a video game involving a random or chance matching of pictures, words,
numbers, or symbols; or
(I)
a video game that reveals a prize as the game is played; or
(vi)
otherwise create a pretextual transaction to facilitate a contest, game, gaming
scheme, or sweepstakes in an attempt to circumvent the requirements of this part
or
Article VI, Section 27, of the Utah Constitution
Utah Constitution, Article VI,
Section 27
.
(17)
"Proposition bet" means a gambling bet on an individual action, statistic, occurrence,
or non-occurrence.
(17)
(18)
"Skill-based game" means a game, played on a machine or device, the outcome
of which is based, in whole or in part, on the skill of the player, regardless of whether a
degree of chance is involved.
(18)
(19)
"Sweepstakes" means a game, advertising scheme, marketing scheme, or other
promotion:
(a)
that an individual may enter with or without payment of any consideration;
(b)
that qualifies the person to win a prize; and
(c)
the result of which is based on chance.
(19)
(20)
"Vending machine" means a device:
(a)
that dispenses merchandise in exchange for money or any other item of value;
(b)
that provides full and adequate return of the value deposited;
(c)
through which the return of value is not conditioned on an element of chance or skill;
and
(d)
(i)
does not include a promotional activity; or
(ii)
includes a promotional activity that is clearly ancillary to the primary activity of a
business.
(20)
(21)
"Video gaming device" means a device that includes all of the following:
(a)
a video display and computer mechanism for playing a game;
(b)
the length of play of any single game is not substantially affected by the skill,
knowledge, or dexterity of the player;
(c)
a meter, tracking, or recording mechanism that records or tracks any money, tokens,
games, or credits accumulated or remaining;
(d)
a play option that permits a player to spend or risk varying amounts of money,
tokens, or credits during a single game, in which the spending or risking of a greater
amount of money, tokens, or credits:
(i)
does not significantly extend the length of play time of any single game; and
(ii)
provides for a chance of greater return of credits, games, or money; and
(e)
an operating mechanism that, in order to function, requires inserting money, tokens,
or other valuable consideration other than entering the user's name, birthdate, or
contact information.
Section 2.
Effective Date.
This bill takes effect on
May 6, 2026
.
3-3-26 3:14 PM