It is unlawful for any person to participate in gambling. Gambling means risking any money, credit, deposit, or other thing of value 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:

(A) Bona fide contests of skill, speed, strength, or endurance in which awards are made only to entrants or the owners of entries;

(B) Bona fide business transactions which are valid under the law of contracts;

(C) Other acts or transactions now or hereafter expressly authorized by law; or

(D) Any game, wager, or transaction which is incidental to a bona fide social relationship, is participated in by natural persons only, and in which no person is participating, directly or indirectly, in professional gambling. Professional gambling means aiding or inducing another to engage in gambling, with the intent to derive a profit therefrom or participating in gambling and having, other than by virtue of skill or luck, a lesser chance of losing or a greater chance of winning than one or more of the other participants. (Ord. 15 §29, 1963; Ord. 1065 §1, 1994)

It is unlawful for any person to keep any building, room, enclosure, vehicle, vessel, or other place, whether open or enclosed, used or intended to be used for professional gambling, as defined by subsection 9-14-010(D). Anyplace where a gambling device is found is presumed to be intended to be used for professional gambling. Gambling device means any device, machine, paraphernalia, or equipment that is used or usable in the playing phases of any professional gambling activity, whether that activity consists of gambling between persons or gambling by a person involving the playing of a machine. (Ord. 15 §30, 1963; Ord. 1065 §2, 1994)

(A) It shall be the right of the chief of police, and all members of the police department, to seize and take any gambling devices, gambling records, and gambling proceeds without warrant or complaint, and to convey the same before the municipal court of the city, which court shall order such devices destroyed. Gambling proceeds are forfeited to the city and disposed of in accordance with the provisions of chapter 8-24, B.M.C. Gambling proceeds means all money or other things of value at stake or displayed in or in connection with professional gambling.

(B) If a gambling device is an antique gambling device and is not operated for gambling purposes for profit or for business purposes, it shall not be confiscated or destroyed pursuant to this section. If a gambling device is confiscated and the owner shows that such gambling device is an antique gambling device and is not used for gambling purposes, the municipal court shall order such gambling device returned to the person from whom it was confiscated. For the purpose of this section, antique gambling device means a gambling device which was manufactured twenty-five years ago or earlier. (Ord. 15 §31, 1963; Ord. 1065 §3, 1994)

It is unlawful for any person to get up, maintain, or carry on in any place occupied by him or her, or under his or her control, any lottery or chance gift distribution, except as otherwise provided in subsections (A) through (D) of section 9-14-010. (Ord. 15 §32, 1963; Ord. 1065 §4, 1994)

Nothing contained in this chapter shall be construed to modify, amend, or otherwise affect the validity of any provisions contained in articles 9, 47.1, and 60 of title 12, C.R.S. (Ord. 1065 §5, 1994)