1.? Definition

Vermont punishes those that set up, promote, or aid a lottery.? Vt. Stat. Ann. tit. 13, § 2101 (1998).? Lotteries in Vermont have been defined as a scheme whereby one or more prizes are distributed by chance among persons who have paid or promised a consideration for a chance to win them.? State v. Lindsay, 2 A.2d 201, 203 (Vt. 1938) (quoting State v. Wilson, 196 A. 757 (Vt. 1938)).?

The word "chance" in the lottery context was analyzed in State v. Lindsay, 2 A.2d 201 (Vt. 1938).?? Using the Webster's International Dictionary, the court concluded that it should be understood as "an unforeseen or inexplicable cause or its operation; accident; as to happen by chance." Id. at 203 (quoting Webster's International Dictionary).? The court went on to state that it is opposed to something that is planned or designed.? Id.? The court in this case held that the act of voting for candidates in a contest, in which customers of participating merchants received a number of ballots based on the amount of money they spent on groceries, in which prizes were to be awarded to candidate receiving largest number of votes, was not a lottery.? Id. at 204.?? However, this case did name certain events that would be considered "chance-based" including the drawing of a number, the turn of a card, or the spinning of a wheel.?? Id.

This case also may provide an indication to the level of chance required before a scheme is considered a lottery.? When talking about the contest, the court dismissed the fact that fraud could have made this contest a lottery.? Id. at 204.? The court then states that "such fraud or sharp practice, if shown, certainly would not tend to indicate that blind fate was the deciding factor in the contest." (emphasis added).? Id.? This use of the language "deciding factor" tends to indicate that chance must be the predominant element in a scheme for it to be considered a lottery.?

However, in the Vermont statute dealing with "gambling machines," the machines that are illegal are those where there is "any element of chance."? Therefore, it seems that the "any chance" test may be used by Vermont in regard to gambling machines.?

Besides the operators of lotteries or games of chance, players of these games can be punished as well.? Vermont states that a person "who wins or loses money or other valuable thing by play or hazard at any game, or by betting on such play or hazard, or sharing in a stage wagered by others on such play or hazard, shall be fined . . ." Vt. Stat. Ann. tit. 13, § 2141 (1998).?

Valuable things under this statute has been defined to include free games.? In State v. Bailey Beach Club Pinball Mach., 119 A.2d 876 (Vt. 1956), the court held that a pinball machine where the player could win free games constituted a thing of value.? Id. at 879.?? The court stated that the added amusement, as well as the potential for someone else paying you money to take your free games, was sufficient to be something of value.? Id. ?

2.? Free entry

In Vermont, a person may organize, execute, or participate in a contest or game of chance, including a sweepstakes, provided that persons who enter the contest or game of chance are not required to venture money or other valuable things.? The cost of mailing an entry shall not be considered venture of money or other valuable things.? Vt. Stat. Ann. tit 13, § 2143b (1998).

The Wilson case, 196 A. at 757, dealt with a "Bank Night" scheme.? Anyone, even those that didn't buy a ticket, could enter their name in a drawing.? Id. at 758.? The drawing was conducted inside the theatre and the winner had to claim the prize within a minute after the announcement.?? Id. at 762.? The court said that the consideration element required for a lottery was met here, because this scheme induced those to buy a ticket for admission.? Id.?? Those that bought tickets would have the luxury of hearing the drawing inside the theatre and could easily claim their prize, as opposed to those outside the theatre that might have difficulty hearing the name announced or getting inside the theatre in enough time to claim their prize.? Id.? ?

Under Vt. Stat. Ann. tit. 13, § 2151 (1998 & Supp. 2005), a person shall not engage in bookmaking or pool selling, except deer pools, with or without writing.?

Also, a person should not

2) keep or occupy, for any period of time, any place or enclosure of any kind, with any material for recording any wager, or any purported wager, or selling pools, except as provided in subdivision (1) of this subsection, upon the result of any contest, lot, chance, unknown or contingent event, whether actual or purported;

(3) receive, hold or forward, or purport or pretend to receive, hold or forward, in any manner, any money, thing or consideration of value, or the equivalent or memorandum thereof, wagered, or to be wagered, or offered for the purpose of being wagered, upon such result;

(4) record or register, at any time or place, any wager upon such result;

(5) permit any place or enclosure that the person owns, leases or occupies to be used or occupied for any purpose or in any manner prohibited by subdivisions (1), (2), (3) or (4) of this section;

(6) with the exception of pools as provided in subdivision (1) of this subsection, lay, make, offer or accept any wager, upon such result or contest of skill, speed or power of endurance of human or beast, or between humans, beasts, or mechanical apparatus.? Vt. Stat. Ann. tit. 13, § 2151 (1998 & Supp. 2005).

It seems that this bookmaking provision applies to the actual bookmaking operators.? However, the language in subsection 6 of this statute includes "making any wager" on the result or contest of skill.? This part of the statute would seemingly apply to players as well.

According to Vt. Stat. Ann. tit. 13, § 2135 (1998), a person, corporation, co-partnership, or association shall not lease, rent, let on shares, sell, expose for sale or offer for sale:

(1) A machine, apparatus or device, into which may be inserted a piece of money or other object, and from which, as a result of such insertion and the application of physical or mechanical or electrical force, may issue with or without gum or confection, a piece of money, or slug, or a token, or a check or memoranda calling for money, credit or merchandise or property; or

(2) A coin or slot machine, pinball machine, racing machines or other device of like character, wherein there enters any element of chance, whether the same be played for money, checks, credits, merchandise or other thing representative of value; or

(3) A machine or device of any kind or nature by the use or operation of which there is an element of chance for the winning or losing of money or other things of value. (b) The provisions of this chapter shall not apply to slot machines which were manufactured prior to 1954 and which are not operated for gambling purposes.?

This statute explicitly states that slot machines and pinball machines are illegal gambling machines, save for the antique gambling machines that collectors usually collect and are used just for display.? The case of State v. Bailey Beach Club Pinball Mach., 119 A.2d at 876, dealt with pinball machines that were seized as gambling machines.? Here, even though the machines did not dispense money, a player could win free games, which the court held was sufficient consideration.?? Id. at 879.? See also State v. Sundberg, 94 A.2d 235 (Vt.? 1953); State v. Margie, 120 A.2d 807 (Vt. 1956).?

In Advance Whip & Novelty Co. v. Benevolent Protective Order of Elks of Montpelier, 170 A. 95 (Vt. 1934) the court gave some examples of gambling devices.? The court described a game where a person chooses among many numbers.? Id. at 96.? When the player picks a number, he places a ticket on it.? Id.? Then a wheel is spun and if it matches that person' number, they win a prize.? Id. ??The thing where the ticket is laid, called a lay down, and the wheel were both considered gambling devices.? Id.? Also fortune boards, where someone would deposit money and receive their fortune along with a number that could win a prize, and bingo cards were held to be gambling devices.? Id.

According to Vt. Stat. Ann. tit. 13, § 2171 (1998)

A person or corporation shall not keep or cause to kept a "bucket shop," office, store, or other place in which it is conducted or permitted, the pretended buying or selling of stock or bonds of a corporation, or petroleum, cotton, grain, provisions, pork or other produce, either on margins or otherwise, without any intention of receiving and paying for the property so bought, or of delivering the property so sold; or in which is conducted or permitted the pretended buying or selling of such property on margins; or when the party buying or offering to buy such property does not intend actually to receive the same if purchased, or the person selling such property to deliver it if sold.

In State v. Corcoran, 50 A. 1110 (Vt. 1901), the court stated that a sale or transaction actually does not have to occur to be punished in violation of this bucket shop provision, but that the mere keeping of a shop of this kind is sufficient.? Id. at 1112.?

1.? Poker

It seems that poker would be an illegal game of chance in Vermont.? In Lindsay, 2 A.2d at 201, the court named certain events that would be considered chance-based.? One of those included the turn of a card.? Because poker involves the turn of card (Texas Hold'em especially), it seems that poker would be considered a game of chance in Vermont.

2.? Dice

Not a lot of case law, in Vermont, focuses on games using dice.? However, it seems that the roll of dice would be on the same level as the chance based events listed in Lindsay, 2 A.2d at 201, which included the turn of a card, the spin of a wheel, or the drawing of a number.

Furthermore, it seems that in an old Vermont case dealing with a now defunct statute, a tavern owner was not allowed to keep on their premises any dice which could be used for gaming purposes.? Ballard v. Brown, 32 A. 485 (Vt. 1895).?

3.? Billiards

Under Vt. Stat. Ann. tit. 31, § 503 (2000), a license is required for one to operate a pool hall.? This license can be received from the selectmen, city council, or trustees of the town, city or incorporated village in which it is proposed.? Vt. Stat. Ann. 31, § 503 (2000).?? This license requirement does not extend to charitable, educational, or fraternal organizations.? Vt. Stat. Ann. tit. 31, § 506 (2000).? However, this statute doesn't say anything about the legality of betting on billiards.

Ballard, 32 A. at 485 (Vt. 1895), is an old case dealing with a now defunct statute, made it illegal for a tavern owner to keep billiards on its premises if it was to be used for gambling.? Id.

4.? Bowling

Under Vt. Stat. Ann. tit. 31, § 503 (2000), a license is required for one to operate a bowling alley.? However, nothing is mentioned about the legality of betting on bowling.?

Brown, 32 A. at 485, an old case dealt with a now defunct statute,? made it illegal for a tavern owner to keep a bowling alley on its premises if it was to be used for gambling.? Id.

5.? Darts

Vermont does not have any statutory authority, attorney general opinions, or case law regarding dart games.

1.? Social gambling

Social gambling in Vermont seems limited.? Vt. Stat. Ann. tit. 13, § 2143b (1998), a person can organize and participate in contests and sweepstakes, provided that no money or other valuable things are risked to enter.?

Also under Vt. Stat. Ann. tit. 13, § 2143a (1998),? a political party may organize and run a raffle, provided that the proceeds are to be used for a purpose consistent with the purpose of that political party.?

2.? Charity exemptions

According to Vt. Stat. Ann. tit. 13, § 2143(a) (1998), a nonprofit organization can organize and run lotteries, raffles, or other games of chance provided these funds are used for the purpose of which the organization is run.? These organizations can distribute or use alcohol as prizes, rewards, or winnings for these contests.? Vt. Stat. Ann. tit. 13, § 2143(b) (1998).?

These games of chance include bingo, but the bingo games can not be communicated electronically or by satellite to players at another location.? Vt. Stat. Ann. tit. 13, § 2143(c) (1998).?

These organizations can also run casino events, but are limited to three a year.? Vt. Stat. Ann. tit. 13, § 2143(d)(1)(B) (1998).? However, at these events the use of coin or slot machines is not allowed.? Vt. Stat. Ann. tit. 13, § 2143(d)(3) (1998).?? These casino events do not include events like a fair or a bazaar.? Vt. Stat. Ann. tit. 13, § 2143(d)(3) (1998).

The limit that a person can win at any single game of chance run by a nonprofit organization is $400, but this is subject to many exceptions.? Vt. Stat. Ann. tit. 13, § 2143(e)(4) (1998).? For one game a day, the winning prize can be up to $1,000.? Vt. Stat. Ann. tit. 13, § 2143(e)(4) (1998).? Also, once a month for one game, a prize of a motor vehicle, firearm, motorcycle or watercraft can be offered, but it cannot be worth more than $5,000.? Vt. Stat. Ann. tit. 13, § 2143(e)(4) (1998).?? Also, four times a year, provided that the dates are not within 20 days of another, the organization can exceed all these totals, but the total prize money offered on that day cannot exceed $20,000.? Vt. Stat. Ann. tit. 13, § 2143(e)(4) (1998).

These non-profit organizations are also allowed to buy and then sell break-open tickets, a form of lottery.? Vt. Stat. Ann. tit. 32, § 10203 (2001 & Supp. 2005).?? These tickets can be bought from distributors, but these distributors, as well as the manufacturers who actually make the tickets, must be licensed by the commissioner of taxes in Vermont to do this legally.? Vt. Stat. Ann. tit. 32, § 10202 (2001).?

3.? Chucky E. Cheese Exemption

No exemption for redemption slot machines or family entertainment centers is present in Vermont.

4.? Slots

No slots or slot machines are allowed in Vermont.? Vt. Stat. Ann. tit. 13, § 2135(a)(2) (1998).

5.? Horseracing/greyhound racing

Vermont has a racing commission that oversees the horseracing activity in Vermont.? Vt. Stat. Ann. tit. 31, § 602(a) (2000).? For a running or harness race at which pari-mutuel pools are sold to be held requires a license from this commission.? Vt. Stat. Ann. tit. 31, § 607 (2000).?

This commission states that fair associations or corporations which conduct annual agricultural fairs are eligible for a license.? Vt. Stat. Ann. tit. 31, § 608 (2001).? However, this requires the fair association to post a $75,000 bond.? Vt. Stat. Ann. tit. 31, § 608 (2000).?

Within the enclosure of the race track, the sale of pari-mutuel pools is permitted by the commission.? Vt. Stat. Ann. tit. 31, § 615(a) (2000).? This includes simulcasts from other facilities inside and outside of the state.? Vt. Stat. Ann. tit. 31, § 629(a) (2000).

In 1995, greyhound/dog racing was abolished by the state.

7.? Lottery

Vermont has a state lottery commission that is charge of all the state lottery activities in the state.? Vt. Stat. Ann. tit. 31, § 651(a) (2000).? They are in charge of determining the price of lottery tickets, the number and size of the payments, the manner of payment of prizes, the manner and frequency of drawings, and the licensing of agents.? Vt. Stat. Ann. tit. 31, § 654(2)-(6) (2000 & Supp. 2005).?

Vermont has also entered into a Tri-State Lottery compact with the states of Maine and New Hampshire.? Vt. Stat. Ann. tit. 31, § 672 (2000).? The Tri-State lotto commission, which consists of one member from each state, decides the design of the games, the price of tickets, the type and frequency of drawings, and the licensing of the lotto sales agents. ?Vt. Stat. Ann. tit. 31, § 674(C) & (E) (2000 & Supp. 2005).?

Vermont does not have any statutory authority, attorney general opinions, or case law granting authority for commercial casino gaming.

Those that set up, promote, or aid a lottery can be imprisoned for up to one year, or could be fined 10,000 for their first offense.? Vt. Stat. Ann. tit. 13, § 2101 (1998).? Each subsequent offense and the penalty could increase to up to three years' imprisonment or another 10,000 fine.? Vt. Stat. Ann. tit. 13, § 2101 (1998).? This applies only to those that set up a lottery, meaning the operators not the players.

Also, a person selling lottery tickets without a license, or a person acting as a broker and buying, selling, or procuring lottery tickets is subject to a $300.00 penalty.? Vt. Stat. Ann. tit. 13, § 2101 (1998).? This applies to only those that are the operators or sellers, and not the actual buyers of these tickets.? Similarly, anyone violating a provision of the state lottery statutes is subject to a $500.00 penalty.? Vt. Stat. Ann. tit. 31, § 665 (2000).?

With the tri-state lotto, anything selling a ticket at a higher price than set by the commission, or a person selling tickets without a license is subject to a $1,000.00 fine.? Vt. Stat. Ann. tit. 31, § 675(A) (2000).? Also, any person who falsely or fraudulently makes, forges, alters, or counterfeit' a tri-state lotto ticket can serve a 6-month jail sentence or get a fine of 5,000.00.? Vt. Stat. Ann. tit. 31, § 675 (2000)(B).? Subsequent offenses shall be punished by two yeas in jail and a 20,0000 fine for each offense.?? Vt. Stat. Ann. tit. 31, § 675 (2000)(C).? Again, this only applies to the operators or sellers, and not those that buy these tickets.

A person that plays at cards, dice, tables or other game for money or valuable thing in a gambling house run for profit, may be punished by 60 days in jail or a 200.00 fine.? Vt. Stat. Ann. tit. 13, § 2133 (1998).? This obviously only applies to players.? However, the operators do not go without punishment.? Those who keep these gambling houses or let people gamble on premises owned by the person, that operator is subject to a imprisonment between 10 and 60 days or a fine between $100.00-$500.00.? Vt. Stat. Ann. tit. 13, § 2134 (1998).

Also, players are the main subject in Vt. Stat. Ann. tit. 13, § 2141 (1998).? That punishes players that gamble to a fine between $100.00-$200.00.?

Those persons that have a gambling machine that is actually used for purpose of gambling are subject up to a 60 day prison term or up to a $100.00 fine.? Vt. Stat. Ann. tit. 13, § 2139 (1998).? This applies to only those that have the gambling machine, and not those who play the gambling machine.?

Those who run a bookmaking business or pool selling, or off-track wagers are subject to up to a $250.00 fine or up to a six month prison term for the first offense.? Each subsequent offense is subject to a $2,000 fine or up to a five year prison term.? Vt. Stat. Ann. tit. 13, § 2152 (1998).?

Those persons that attempt to in any way influence a race, to stimulate or depress a racing animal, or use a false name for their animal, are subject to a fine of up to $5,000 and a prison term up to two years.? Vt. Stat. Ann. tit. 13, § 2155 (1998).

Those that participate in "touting" can be fined up to $500.00 or imprisoned for up to a year.? Vt. Stat. Ann. tit. 13, § 2156 (1998).?? "Touting" is someone who knowingly and designedly by false representation attempts to or does persuade, procure or cause another person to wager on a horse or dog and seeks compensation for this information.? Vt. Stat. Ann. tit. 13, § 2156 (1998).?

Those that run bucket shops can be fined between $200.00-$1000.00.? Later offenses are subject to up to a 6 month prison term and if the violator is a corporation, it may have to forfeit its charter.? Vt. Stat. Ann. tit. 13, § 2173 (1998).?

Also under Vt. Stat. Ann. tit. 32, § 10207(a)-(b) (2001), a non-licensed distributor or manufacturer of Vermont lottery tickets, or even a licensed distributor or manufacturer, that doesn't maintain appropriate records and books, is subject to a $10,000 fine for the first offense and fined not more than $20,000 or imprisoned up to a year, or both, for each subsequent offense if done willingly.

Under Vt. Stat. Ann. tit. 9, § 3981 (1993), a person who pays money or other valuable thing lost at a game or sport or horse race may recover the value thereof of the person to whom it was paid in a civil action, if commenced within one month from the time of payment.

In the case of Preston v. Hutchinson, 29 Vt. 144 (Vt. 1856), the court declared that individuals who had an agreement in place where they would divide their winnings equally among each other, was liable jointly and severally for whatever may have been won by or paid to either of them. ?

Furthermore, under Vt. Stat. Ann. tit. 9, § 3982 (1993), a contract made and executed by a person in which any part of the consideration is for money or other valuable thing won on any of the aforesaid games, or borrowed or lent for such purposes at the time and place of gaming, shall be null and void.?

Vermont does not have any statutory authority, attorney general opinions, or case law granting authority for commercial casino gaming.