Section 99B.43. Social gambling in licensed alcohol establishments.

  1.  Social gambling is lawful on the premises of an establishment for which a class “A”, class “B”, class “C”, special class “C”, or class “D” liquor control license, or class “B” beer permit has been issued pursuant to chapter 123 when, subject to the provisions of section 99B.42, all of the following requirements are met:

  a.  The liquor control licensee or beer permittee has submitted an application for a social gambling license and a license fee of one hundred fifty dollars to the department, and a license has been issued.

  b.  The license is prominently displayed on the premises of the establishment.

  c.  The social gambling licensee or any agent or employee of the licensee does not participate in, sponsor, conduct, promote, or act as cashier or banker for any social gambling, except as a participant while playing on the same basis as every other participant.

  d.  A person under the age of twenty-one years shall not participate in the social games. A social gambling licensee or an agent or employee of the licensee who knowingly allows a person under the age of twenty-one to participate in the gambling prohibited by this section or a person who knowingly participates in gambling with a person under the age of twenty-one, is subject to a penalty under section 99B.4.

  2.  A liquor control licensee or beer permittee with a social gambling license issued pursuant to this section may conduct a sports betting pool if all of the requirements of this subsection are met.

  a.  The pool shall be publicly displayed and the rules of the pool, including the cost per participant and the amount or amounts that will be won, shall be conspicuously displayed on or near the pool.

  b.  A participant shall not wager more than five dollars in the pool.

  c.  The maximum winnings awarded to all participants in the pool shall not exceed five hundred dollars.

  d.  The provisions of section 99B.42, except section 99B.42, subsection 1, paragraphs “a” and “h”, are applicable to pools conducted under this subsection.

  e.  The use of concealed numbers in the pool is permissible. If the pool involves the use of concealed numbers, the numbers shall be selected by a random method and no person shall be aware of the numbers at the time wagers are made in the pool.

  f.  All moneys wagered in the pool shall be awarded as winnings to participants.

  3.  An establishment issued a social gambling license under this section that is required to obtain a new liquor license or permit under chapter 123 due to a change in ownership shall be required to obtain a new social gambling license under this section to conduct social gambling.

[C77, 79, 81, §99B.6;

81 Acts, ch 44, §7

]

86 Acts, ch 1201, §4 – 6

; 86 Acts, ch 1002, §1, 2

; 87 Acts, ch 184, §3, 4

; 88 Acts, ch 1274, §32

; 89 Acts, ch 67, §20, 21

; 89 Acts, ch 231, §17

; 90 Acts, ch 1175, §3, 4

; 94 Acts, ch 1021, §1

; 2003 Acts, ch 178, §103, 121

; 2003 Acts, ch 179, §142

; 2007 Acts, ch 188, §3

; 2015 Acts, ch 99, §11, 56

Section transferred from §99B.6 in Code 2016 pursuant to directive in 2015 Acts, ch 99, §56

Section stricken and rewritten