Local prohibition of poker.

WORKING DRAFT
2010
STATE OF
WYOMING
10LSO-0120

SENATE FILE
NO.
SF0070

Local prohibition of poker.

Sponsored by:
Senator(s) Burns, Coe, Cooper, Meyer and Perkins and Representative(s) Childers, Hammons, Pedersen and Shepperson

A BILL

for

AN ACT relating to
gambling;
exempting poker from the definition of gambling as specified;

allowing boards of county commissioners
and municipal governing bodies
to prohibit games, wagers or transactions incidental to bona fide social relationships
or poker
in business establishments;
and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.

W.S.
6
‑
7
‑
10
5

is created to read:

6
‑
7
‑
105.

County
and municipal
prohibition.

Notwithstanding any other provision of law, a board of county commissioners
or municipal governing body
may, by resolution
or ordinance respectively
, prohibit games, wagers or transactions taking place in a business establishment which would otherwise be permitted under W.S. 6
‑
7
‑
101(a)(iii)(E)
or (J)
.

Any regulation by a municipality within the county shall apply within that municipality if it is at least as restrictive as the county restrictions or if the county commissioners do not
adopt a resolution pursuant to this section
.

Section 2.

W.S. 6
‑
7
‑
101(a)(iii)
by creating a new
subparagraph
(J) and (ix)
is amended to read:

6-7-101.

Definitions.

(a)

As used in this article:

(iii)

"Gambling" means risking any property for gain contingent in whole or in part upon lot, chance, the operation of a gambling device or the happening or outcome of an event, including a sporting event, over which the person taking a risk has no control, but does not include:

(
J
)

Poker games
,
whether or not incidental to a bona

fide social relationship, when held in any
establishment
which does not receive a profit as defined in
paragraph
(a)(ix) of this section.

(ix)

"Profit" means benefit other than a gain, which is realized or unrealized and direct, including benefits from unequal advantage in a series of transactions but does not include benefits of proprietorship or management of a business wherein a game, wager or transaction described in W.S. 6
‑
7
‑
101(a)(iii)(E)

or (J)
occurs;

Section
3
.

This act is effective July 1, 2010.

(END)

1
SF0070