Al gaming
A form of lottery in which the winning chances or plays are not determined upon the basis of a drawing or other act on the part of persons conducting or connected with the scheme, but upon the basis of the outcome of a future contingent event or events otherwise unrelated to the particular scheme.
A person who engages in any form of gambling solely as a contestant or bettor, without receiving or becoming entitled to receive any profit therefrom other than personal gambling winnings, and without otherwise rendering any material assistance to the establishment, conduct or operation of the particular gambling activity.
A person "profits from gambling activity" if he accepts or receives money or other property pursuant to an agreement or understanding with any person whereby he shares or is to share in the proceeds of gambling activity. A gambling device that, as a result of the insertion of a coin or other object, operates, either completely automatically or with the aid of some physical act by the player, in such a manner that, depending upon elements of chance, it may eject something of value.
A device so constructed or readily adaptable or convertible to such use is no less a slot machine because it is not in working order or because some mechanical act of manipulation or repair is required to accomplish its adaptation, conversion or workability.
Nor is it any less a slot machine because apart from its use or adaptability as such it may also sell or deliver something of value on a basis other than chance. Any money or property, any token, object or article exchangeable for money or property or any form of credit or promise directly or indirectly contemplating transfer of money or property or of any interest therein, or involving extension of a service entertainment or a privilege of playing at a game or scheme without charge.
Not specifically authorized by law. Section 13A Simple gambling. The burden of injecting the issue is on the defendant, but this does not shift the burden of proof. Section 13A Promoting gambling. Section 13A Conspiracy to promote gambling.
Section 13A Possession of gambling records in the second degree. Section 13A Defense to prosecution for possession of gambling records. A person does not commit the crime of possession of gambling records in either degree if the writing, paper, instrument or article possessed by the defendant is neither used nor intended to be used in the operation or promotion of a bookmaking scheme or enterprise, or in the operation, promotion or playing of a lottery or mutuel scheme or enterprise.
Section 13A Possession of gambling device. Section 13A Prima facie proof of gambling offenses. Section 13A Lottery occurring outside state no defense to prosecution under Section 13A It is no defense under Section 13A relating to a lottery that the lottery itself is drawn or conducted outside Alabama and is not in violation of the laws of the jurisdiction in which it is drawn or conducted.
Section 13A Forfeiture of gambling devices and gambling proceeds. Section 13A Legalized pari-mutuel betting not affected. The provisions of this article shall not apply to pari- mutuel betting at race meetings authorized by statute. All presently effective state statutes and laws and locally adopted ordinances and laws pursuant thereto legalizing, authorizing or allowing greyhound races and betting or wagering thereon are hereby expressly and specifically preserved, saved and excepted from any repealer provisions contained anywhere in the Criminal Code.
Section 13A Unlawful to maintain electric bells, etc. No person or persons shall maintain or use any electric bells, wires or signals or any elevators or dumbwaiters or other implements or appliances connected with any gaming place or rooms used for gaming, which may be used for the purpose of communicating with the occupants of such gaming house or rooms used for gaming or with those who may be within, and any person who erects, maintains or uses any such bells, wires, signals or elevators or dumbwaiters or other implements or appliances or devices of like kind for said purpose shall be guilty of a felony and shall be punished by imprisonment in the penitentiary for not less than one nor more than five years.
Section 13A District attorney to file complaint on certain information. Any party or parties operating or conducting said gaming room or place, or found therein, may be joined as parties defendant to the complaint.
Section 13A Exhibiting gambling devices in barred house or where speaking tubes or electric signals are used. No person or persons shall exhibit or expose to view in any barred or barricaded house or room, in any place built or constructed in such manner as to make it difficult of access or ingress to police officers or other officers, or protected, furnished or equipped with speaking tubes, dumbwaiters, electric wires or bells, or other apparatus for giving alarm from the outside or from the inside of such house, or room when two or more persons are present, any cards, dice, roulette wheel or any gambling implements whatever.
Section 13A Owner permitting any person to equip any room, etc. Any person who, being the owner, proprietor, or keeper, or superintendent of any tavern, inn, restaurant, billiard room, poolroom or other public house, permits or suffers any person or persons on or about the premises to provide a barred or barricaded room or rooms to which persons resort for gaming or who knowingly or wilfully permits or knowingly or wilfully suffers any person or persons to equip any room or rooms on or about the premises with electric bells, wires or signals, or elevators, dumbwaiters or other implements or appliances connected with such rooms used or to be used for the purpose of communicating with an occupant or occupants of such gambling room or rooms, shall likewise be guilty of a felony and shall be punished by imprisonment in the penitentiary for not less than one nor more than five years.
Section 13A When affidavit made, court to examine affiant under oath. Section 13A Duty of officer to break into and enter house. The officer, in executing said warrant, shall break into and enter such house, room or part of a house, upon the refusal of the proprietor or any occupant thereof to open the same, and seize all gambling instruments and bring such instruments, together with all gambling devices and the parties that are found there, before the court which issued the warrant.
Section 13A Arrest of occupants of house. If it appears from the affidavit of the complainant or of any other witness that he produces what persons are the proprietors of or the occupants of the house, part of a house or room hereinabove described, the warrant shall order the arrest of such persons by name, but if such proprietors or occupants are unknown, it may be so stated in the affidavits and warrants, and, upon bringing the said persons who are arrested under said warrant before the court, a supplemental affidavit may be made against them by the complainant or any officer executing the warrant charging them with the offense or felony of which they appear to be guilty under the provisions of this division.
Section 13A Trial; defendant bound over. The court shall thereupon proceed to hear the evidence in the case, and, if probable cause is shown for believing said parties or any of them to be guilty, he shall bind them over under proper bond to await the action of the grand jury in accordance with the laws of the state as prescribed in preliminary examinations before courts authorized by law to conduct preliminary examinations, and all rules of procedure applicable to such preliminary examinations shall be likewise applicable to proceedings under this division.
Section 13A Presence of bells, etc. The presence of electric bells, wires or signals or dumbwaiters or of other implements or appliances that may be used for the purpose of communicating with persons who are occupying a barred or barricaded room on or about the premises of a hotel, restaurant, billiard room, poolroom or any room above the grade floor in the business district of any town or city is prima facie evidence that gaming was being there carried on by such parties in any prosecution against them, if they have the general reputation of being gamblers, and in all such cases, proof of such general reputation is admissible in evidence.
Section 13A Transportation by certain persons; seizure of vehicles used. And such officer or person shall report the seizure and the facts connected therewith to a district attorney in the county where seizure is made, or, in default thereof, to the attorney general of the state, giving full description of the vehicle or conveyance seized and detained, the person in whose possession it was found, the person making a claim to the same, or any interest therein, if the name can be ascertained or is known, and the date of seizure.
Section 13A Movement of vehicle need not be shown. In order to condemn and confiscate any of the above mentioned conveyances or vehicles, it shall not be necessary for the state or prosecuting authority to show any actual movement of said conveyance or vehicles while loaded with, or in which there is contained or stored, any of said prohibited lottery paraphernalia, but the presence thereof in any conveyance or vehicle which is in the use of, control or custody of any such person as described in Section 13A shall be sufficient cause of forfeiture of such conveyance or vehicle.
Section 13A Procedure for condemnation and forfeiture of vehicle. Except as otherwise herein provided, the manner, method and procedure for the forfeiture and condemnation of any such vehicle shall be the same as that provided by law for the confiscation or condemnation or forfeiture of automobiles, conveyances or vehicles in which alcoholic beverages are illegally transported. Without limiting the generality of the foregoing sentence, Sections and shall apply.
Section 13A Sale of forfeited vehicle; rights of bailor, conditional vendor or mortgagee. The court in condemnation proceedings shall sell the right of all interested persons in and to said conveyance or vehicle who aided or assisted any such person as described in Section 13A in the illegal transportation or who had knowledge or notice thereof, or who had knowledge of the presence thereof in said vehicle or conveyance, or who could by reasonable diligence have obtained knowledge or notice thereof.
Section 13A Disposition of proceeds of sale of forfeited vehicle. The proceeds of the sale of any such vehicle or conveyance forfeited to the state shall, after paying all expenses in the cause, including the costs of seizure and of keeping a property pending the proceedings, be applied as follows: One half shall be paid into the general fund of the county in which the property is seized, and the other one half shall be paid into the Law Enforcement Fund to be used and applied on the enforcement of state laws under the supervision and control of the Governor; but provided, that when such property shall be seized by an officer of a municipality, one half thereof shall be paid into the general fund of the municipality, one quarter thereof shall be paid into the general fund of the county and the other one quarter shall be paid into the law enforcement fund to be used and applied on the enforcement of state laws under the supervision and control of the Governor.
Section 13A Transportation of articles not commonly used in numbers or policy game not unlawful. The provisions of this division shall not be construed to make unlawful the transportation of articles or paraphernalia not commonly used in the conduct of any form or type of lottery commonly known as a numbers or number game or policy game, and no vehicle used in transporting such articles or paraphernalia not commonly used in the conduct of such game shall be subject to condemnation or forfeiture by reason of such use or transportation.
Section 13A Bona fide coin-operated amusement machines. This subsection shall not apply to any game or device classified by the United States government as requiring a federal gaming tax stamp under applicable provisions of the Internal Revenue Code.
Examples of bona fide coin-operated amusement machines include, but are not limited to, the following: a. Pinball machines. Console machines. Video games. Crane machines.
Claw machines. Pusher machines. Bowling machines. Novelty arcade games. Foosball or table soccer machines. Miniature racetrack or football machines. Target or shooting gallery machines. Basketball machines. Shuffleboard games. Kiddie ride games. Skeeball machines. Air hockey machines. Roll down machines. Coin-operated pool table or coin-operated billiard table. Any other similar amusement machine which can be legally operated in Alabama.
Every machine of any kind or character used by the public to provide music whose operation requires the payment of or the insertion of a coin, bill, other money, token, ticket, or similar object, such as jukeboxes or other similar types of music machines. Coin-operated washing machines or dryers. Vending machines which for payment of money dispense products or services. Gas and electric meters. Pay telephones. Cigarette vending machines. Coin-operated scales. Coin-operated gumball machines.
Coin-operated parking meters. Coin-operated television sets which provide cable or network programming. Machines which are not legally permitted to be operated in Alabama. Slot machines. Video poker games. Section 13A Possession, etc. The holding, owning, having in possession of, or paying the tax of a wagering occupational tax stamp issued by the internal revenue authorities of the United States shall be held in all the courts of this state as prima facie evidence against the person holding such stamp in any prosecution of such person for violation of the gambling laws of this state.
Section 13A Production of stamp warrants indictment or information. In cases where the proper prosecuting officers shall produce said stamp or certified copy, the grand jury may indict the holder of such stamp or the proper prosecuting officer may file information against the holder of such stamp without further proof, charging such holder with the violation of the Alabama gambling laws.
Section 13A Proof of ownership, etc. Quite the contrary, the local regulations tend to be needlessly prohibitive, particularly when it comes to land-based gambling.
Alabama has no state-licensed casino, meaning that the only way to gamble offline is to visit one of the tribal casinos, which tends to focus on classic slot machines.
However, the current Alabama regulations have a legal loophole that allows the residents of the state to gamble online to the dismay of local regulators. Gambling, in general, is covered by Section 8. There are no regulations pertaining specifically to online gambling. Still, you should keep in mind that the local authorities are free to argue that the laws mentioned above apply to online play.
No online players have been prosecuted so far, but keep in mind that playing in public should be considered extremely risky. Please note that while the existing regulations are somewhat ambiguous, the risk of an actual conviction is pretty much non-existent. The easiest way to fund your real money gambling account is to make a standard credit card payment.
Visa is widely considered to be the most reliable brand, but most sites also support American Express and MasterCard. Withdrawals are usually handled via a bank wire transfer or a check by courier. The attitude of some of the Alabama lawmakers makes it very difficult to campaign for such a change. Some of the local senators still argue for a statewide ban on all games of chance.
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