CHAPTER 945
GAMBLING
945.03 Commercial gambling.
945.04 Permitting premises to be used for commercial gambling.
945.041 Revocation of license and injunction against gambling devices.
945.05 Dealing in gambling devices.
945.06 Public utilities to cease service.
945.07 Gambling by participants in contest.
945.08 Bribery of participant in contest.
945.09 Commercial printing.
945.095 Shipbuilding business.
945.12 Endless sales chains.
945.13 Interstate transportation of gambling devices.
945.01
945.01
Definitions. In this chapter:
945.01(1)
(1) Bet. A bet is a bargain in which the parties agree that, dependent upon chance even though accompanied by some skill, one stands to win or lose something of value specified in the agreement. But a bet does not include:
945.01(1)(a)
(a) Bona fide business transactions which are valid under the law of contracts including without limitation:
945.01(1)(a)1.
1. Contracts for the purchase or sale at a future date of securities or other commodities, and
945.01(1)(a)2.
2. Agreements to compensate for loss caused by the happening of the chance including without limitation contracts of indemnity or guaranty and life or health and accident insurance;
945.01(1)(b)
(b) Offers of purses, prizes or premiums to the actual contestants in any bona fide contest for the determination of skill, speed, strength, or endurance or to the bona fide owners of animals or vehicles entered in such contest;
945.01(2)
(2) Bookmaking. "Bookmaking" means the receiving, recording or forwarding of a bet or offer to bet on any contest of skill, speed, strength or endurance of persons or animals.
945.01(3)(a)(a) A gambling machine is a contrivance which for a consideration affords the player an opportunity to obtain something of value, the award of which is determined by chance, even though accompanied by some skill and whether or not the prize is automatically paid by the machine.
945.01(3)(b)
(b) "Gambling machine" does not include any of the following:
945.01(3)(b)1.
1. A device used in conducting a bingo occasion or raffle event under
ch. 563, used in conducting a lottery under
ch. 565 or used in conducting a race under
ch. 562.
945.01(3)(b)2.
2. Any amusement device if it rewards the player exclusively with one or more nonredeemable free replays for achieving certain scores and does not change the ratio or record the number of the free replays so awarded.
945.01(3)(b)3.
3. An amusement device involving skill, if it rewards the player exclusively with merchandise contained within the amusement device proper and limited to prizes, toys and novelties, each having a wholesale value which is not more than 7 times the cost charged to play the amusement device once or $5, whichever is less. In this subdivision, "skill" means, within an opportunity provided for all players fairly to obtain prizes or rewards of merchandise, a player's precision, dexterity or ability to use his or her knowledge which enables him or her to obtain more frequent rewards or prizes than does another less precise, dextrous or knowledgeable player.
945.01(4)(a)(a) A gambling place is any building or tent, any vehicle (whether self-propelled or not) or any room within any of them, one of whose principal uses is any of the following: making and settling bets; receiving, holding, recording or forwarding bets or offers to bet; conducting lotteries; or playing gambling machines.
945.01(4)(am)
(am) "Gambling place" does not include a place where bingo or a raffle is conducted under
ch. 563, where a lottery is conducted under
ch. 565 or where a race is conducted under
ch. 562 and does not include a gambling vessel that is in the process of construction, delivery, conversion or repair by a shipbuilding business that complies with
s. 945.095.
945.01(4)(b)
(b) Evidence that the place has a general reputation as a gambling place or that, at or about the time in question, it was frequently visited by persons known to be professional gamblers or known as frequenters of gambling places is admissible on the issue of whether it is a gambling place.
945.01(4)(c)
(c) Any gambling place is a public nuisance and may be proceeded against under
ch. 823.
945.01(5)(a)(a) A lottery is an enterprise wherein for a consideration the participants are given an opportunity to win a prize, the award of which is determined by chance, even though accompanied by some skill.
945.01(5)(am)
(am) "Lottery" does not include bingo or a raffle conducted under
ch. 563, pari-mutuel wagering conducted under
ch. 562 or the state lottery or any multistate lottery conducted under
ch. 565.
945.01(5)(b)1.1. "Consideration" in this subsection means anything which is a commercial or financial advantage to the promoter or a disadvantage to any participant, but does not include any advantage to the promoter or disadvantage to any participant caused when any participant learns from newspapers, magazines and other periodicals, radio or television where to send the participant's name and address to the promoter.
945.01(5)(b)2.
2. In any game, drawing, contest, sweepstakes or other promotion, none of the following shall constitute consideration under this subsection:
945.01(5)(b)2.b.
b. To fill out a coupon or entry blank which is received through the mail or published in a newspaper or magazine, if facsimiles thereof or handwritten and other informal entries are acceptable or if no purchase is required.
945.01(5)(b)2.c.
c. To furnish proof of purchase if the proof required does not consist of more than the container of any product as packaged by the manufacturer, or a part thereof, or a facsimile of either.
945.01(5)(b)2.d.
d. To send the coupon or entry blank and proof of purchase by mail to a designated address.
945.01(5)(b)2.e.
e. To fill out a coupon or entry blank obtained and deposited on the premises of a bona fide trade fair or trade show defined as an exhibition by 5 or more competitors of goods, wares or merchandise at a location other than a retail establishment or shopping center or other place where goods and services are customarily sold; but if an admission fee is charged to such exhibition all facilities for obtaining and depositing coupons or entry blanks shall be outside the area for which an admission fee is required.
945.01(5)(b)2.f.
f. To visit a mercantile establishment or other place without being required to make a purchase or pay an admittance fee.
945.01(6)
(6) Wire communication facility. "Wire communication facility" means any and all instrumentalities, personnel and services, and among other things the receipt, forwarding or delivery of communications used or useful in the transmission of writings, signs, pictures and sounds of all kinds by means of wire, cable, microwave or other like connection between the points of origin and reception of such transmission.
945.01 Annotation
Defendant's use of warehouse to conduct pyramid club meetings was "principal use" under (4) (a). State v. Dahlk, 111 W (2d) 287, 330 NW (2d) 611 (Ct. App. 1983).
945.01 Annotation
Evidence of prior gambling activity is necessary to prove existence of "gambling place". State v. Nixa, 121 W (2d) 160, 360 NW (2d) 52 (Ct. App. 1984).
945.01 Annotation
Monies paid by individuals to subscribe to CATV could be consideration which would make a bingo game offered over CATV gambling. 60 Atty. Gen. 382.
945.01 Annotation
The silent auction is not a lottery because the element of prize is not present. 62 Atty. Gen. 122.
945.01 Annotation
Illegality of Michigan lottery activities in Wisconsin discussed. 62 Atty. Gen. 186.
945.01 Annotation
If any element of Indian tribe's television bingo game occurs off the reservation, it is subject to prosecution under Wisconsin criminal law.
80 Atty. Gen. 332.
